The Secret ALJ Policy Comes to an End (Social Security Disability)
The Social Security Administration has reviewed its decision to not disclose the name of the Administrative Law Judge (ALJ) assigned to hear a case until the day of the hearing. As a result, SSA and the hearing offices are making the following changes as a result of the review:
- As of April 20, 2013, SSA has resumed disclosing the name of the ALJ assigned to a hearing when it sends out a Notice of Hearing. (Note: Under SSA rules, this Notice must be sent at least twenty days before the hearing, but typically SSA sends it out 60-90 days prior to the hearing.)
- In addition, as of April 20, 2013, SSA has added the ALJ’s name to the Appointed Representative Services (ARS) internet application.
Attorney Byron P. David Finalist for Best Attorney in the 2013 Horry Independent’s Reader’s Choice Awards
We are proud to announce Attorney Byron P. David has been chosen by The Horry 
Independent readers as the finalist for Best Attorney. This is the third consecutive year Attorney David has been a winner under the Best Attorney category.
“I am honored and overwhelmed to be a finalist for this award again. The Reader’s Choice Award is one of my favorites to receive, as the people of Horry County are the judges.” says David. “It is reassurance that we are doing a great job and people are pleased with our service.”
The annual poll is opened to Horry Independent readers and only allowed one vote per person, making this contest a true representation of their opinions collectively. Over the years, The Reader’s Choice Awards has become one of the most popular and well-read special editions The Horry Independent has ever published.
Congratulations to Attorney David for being The Horry Independent’s 2013 Reader’s Choice Finalist for Best Attorney!
Do I have to pay taxes on my Social Security Disability Benefits?
Some people have to pay federal income taxes on their Social Security benefits. This usually happens only if you have other substantial income (such as wages, self-employment, interest, dividends and other taxable income that must be reported on your tax return) in addition to your benefits.
No one pays federal income tax on more than 85 percent of his or her Social Security benefits based on Internal Revenue Service (IRS) rules. If you:
- file a federal tax return as an “individual” and your combined income* is
- between $25,000 and $34,000, you may have to pay income tax on up to 50 percent of your benefits.
- more than $34,000, up to 85 percent of your benefits may be taxable.
- file a joint return, and you and your spouse have a combined income* that is
- between $32,000 and $44,000, you may have to pay income tax on up to 50 percent of your benefits
- more than $44,000, up to 85 percent of your benefits may be taxable.
- are married and file a separate tax return, you probably will pay taxes on your benefits.
*Note:
Your adjusted gross income
+ Nontaxable interest
+ ½ of your Social Security benefits
= Your “combined income“
+ ½ of your Social Security benefits
= Your “combined income“
Each January you will receive a Social Security Benefit Statement (Form SSA-1099) showing the amount of benefits you received in the previous year. You can use thisBenefit Statement when you complete your federal income tax return to find out if your benefits are subject to tax.
If you do have to pay taxes on your Social Security benefits, you can make quarterly estimated tax payments to the IRS or choose to have federal taxes withheld from your benefits.
Secret ALJ Policy for Social Security Disability Hearings
The Office of Disability Adjudication and Review (ODAR) is now keeping the name of the assigned Administrative Law Judge (ALJ) a secret (from the representative, claimant, and experts) until the day of the hearing. Previously, knowledge of the name of the ALJ as of the setting of the hearing, or as of receipt of the Notice of Hearing, allowed experienced counsel to prepare for the hearing according to the preferences and style of the assigned judge. In short, attorneys and claimants will not know who their judge is for their hearing, until the day of.
ALJ s vary widely in their approach to hearings, and the inability to prepare for the particular judge has greatly limited the assistance a representative can provide to a claimant. Claimants are also hindered in their pre-hearing communication with ALJs, especially with regard to conflicts, but also with regard to scheduling concerns and evidentiary issues. Some ODARs keep the judge’s name a secret until the morning of the hearing, while others keep it a secret until the hearing begins.
There have been ongoing requests regarding the violation of the Freedom of Information Act (FOIA) because of this new policy. Representatives and claimants feel they should be privy to the information to aid in hearing expectations. However, the policy remains until further notice.
The David Law Firm Establishes Diabetes Scholarship
The David Law Firm is excited to announce the creation of a new juvenile (Type 1) diabetes scholarship. “The Davids’ Diabetes Scholarship” will be a $5,000 annual donation from the law firm, awarded to a South Carolina resident with juvenile diabetes, entering as a freshman to their college of choice.
Attorney Byron David, a Type 1 diabetic himself, believes the scholarship will greatly benefit the recipient. “I know, personally, the hardships of having Type 1 diabetes. The insulin, needles, glucose testers, test strips and pills are very costly.” says David. “I am honored to be able to help someone starting a new life chapter. I hope to remind younger Type 1 diabetics that they are not alone and can still be successful, despite the disease. I am proud of them for pursuing higher education and feel blessed to be able to help.”
The David Law Firm established the scholarship through the Diabetes Scholars Foundation, who will process the applications and ultimately choose the recipient. “The Diabetes Scholars Foundation is a non-profit organization that creates a platform for funding scholarships for juvenile diabetics.” says David. “I trust their expertise and sophisticated systems in choosing a deserving recipient.”
The Davids’ Diabetes Scholarship will begin taking applications in January 2013. Applications must be submitted by May 15, 2013 and the recipient will be announced the first week in June. Attorney David will present the scholarship to the recipient once chosen. For more information about applying and qualifications, visit www.diabetesscholars.org or call The David Law Firm at (843) 488-1415.
New Hire
The David Law Firm is proud to announce and welcome Eugenia Norris as our newest Legal Assistant. Eugenia is no stranger to the legal profession; she has almost 30 years of experience working in the legal field. Over the years, Eugenia has undertaken mostly bookkeeping, some typing of legal documents, brief preparation, purchasing and general office tasks. As a Legal Assistant at The David Law Firm, she will control phone operations, scheduling, scanning and filing; she will also help in creating legal documents and assisting in court preparations. Eugenia’s past legal experience and friendly interpersonal skills will be an asset to the firm. Welcome Eugenia!
Welcome to Our Legal Blog.
At The David Law Firm, we are dedicated to protecting the rights and future of our injured clients. We understand that injured people suffer more than just physical harm. That understanding, along with our commitment to personal service, translates into a dedication to managing your case to ensure the highest level of service while delivering optimal results. With The David Law Firm, you and your family will receive the legal guidance, personal attention and cost-effective representation that you deserve. Call us today for a free consultation at (843) 488-1415 or toll-free at (866) 751-1614.
From our attorney office in Conway, The David Law Firm represents people in personal injury, automobile accidents, workers compensation, wrongful death, medical malpractice,social security disability and traffic tickets. We serve clients across the Grand Strand and Pee Dee including the counties of Horry, Georgetown, Marion, Florence, Dillon, and Clarendon and the cities of Conway, Myrtle Beach, Surfside Beach, Pawleys Island, Murrells Inlet, Little River, Marion, Mullins, Florence, Aynor, Galivants Ferry, Dillon, Socastee, Loris and Green Sea.
