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Wednesday, December 3, 2008

Florida Social Security Hearing Offices Continue to Face Huge Scheduling Delays For Disability Hearings

Social Security Administration Statistics released on October 30, 2008 reflect that Social Security's Florida hearing offices continue to have large delays before Social Security Disability hearings are scheduled with Administrative Law Judges.

Out of 148 Offices of Disability Adjudication and Review ("ODARs") in the U.S. and its territories, the Tampa hearing office ranked in the bottom fifth at 120th with a 593 day waiting time for the average disability hearing to be scheduled after a hearing request is filed. The Miami ODAR fared similarly, ranked 118th with a 592 day wait.

The Jacksonville hearing office was ranked 87th with a 477 day wait. The Orlando ODAR ranked 38th with a 393 day wait.

At the other end of the scale, the Ft. Lauderdale ODAR was one of the nation's best, ranked 5th out of 148, but still had a 264 day wait for hearings. Comparatively, the best ODAR in the nation, Mayaguez had a 146 day wait.

The sad part is that these waiting times reflect the wait that disability claimants have after they request a hearing. It does not include the time that the system eats up during their Initial applications for disability benefits and their first appeal, called Reconsideration. These 2 early stages can often take 6 to 10 months. When added to the hearing delay, many of our clients are waiting more than 3 years from the day that they apply for Social Security Disability benefits to get a decision from a Judge.



Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Social Security Announces COLA for 2009

The Social Security Administration announced a 5.9% Cost of Living Adjustment ("COLA") for the coming year. This increase is the largest COLA since 1982. This is contrasted with the 2.8% increase Social Security adopted last year.

Other changes include the following:
  • It will take $1,090 in earnings to earn one Quarter of Coverage in the Social Security System;
  • If a non-blind person claiming disability earns $980 per month in 2009, they will be presumed to be engaging in Substantial Gainful Activity (i.e. earning too much to qualify for disability that month). A blind person may earn up to $1,640 per month.
  • Trial work period caps are being raised to $700 per month.

SSI monthly benefits will increase from $637 per month to $674 per month for an individual.

The full list of changes can be found at ssa.gov or at 73 Fed.Reg. 64651 (Oct. 30, 2008).



Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Legal Guides From John Tucker on Selected Disability Topics