Wednesday, January 18, 2012

Social Security Disability Benefits - Eligibility Criteria


Social Security Disability Benefits are meant to help those who cannot fend for themselves. Some remain disabled throughout their lives forcing them to rely on external help permanently, but some more fortunate ones recover in the course of time and give up the free help.

An aspiring applicant should clearly understand what the rules say in evaluating disability. A visit to the doctor to get certified as an invalid person, either permanently or temporarily, sets the ball moving. The disability should hinder the applicant to take up any job and earn money. Disabilities can be of different and varied kinds. Not only physical weaknesses, but psychological disorders that hinder the earning capacity of a person make him eligible to apply for the grant.

The work or job history plays a big role in deciding his eligibility. In the United States, an applicant should have worked for at least five years of his last ten years of service, before he became incapacitated, in establishments which were paying social security taxes to the government. However, it is nowhere stipulated that those five years service should have been continuous.

The biggest requirement is a detailed medical report which should clearly state that the aspirant is having a physical or psychiatric complication which in turn prevents him or her from pursuing normal jobs and earn a living. If it is found that this weak state may not last for more than twelve months, the authorities will not consider the case on merit. For being eligible, the applicant should be found to be in an unfavorable physical or mental state of permanent nature or which may last for more than twelve months.

The job of finding out the medical status of the applicant is vested on the Disability Determination Services. Every state in the United States has such an agency. The disabled has to approach them to get oneself evaluated. The processing of an application usually takes more than three months. But the time taken and the cumbersome procedures are meant to cut out people seeking easy money by feigning disability. A responsible society need to have such strict rule interpretation and execution strategies. Otherwise it will be mayhem and free for all and resulting in the real weak getting ejected.




If you want to know more about Social Security Disability Benefits then feel free to visit http://www.disabilityappeal.com




Is It Easy To Get Social Security Disability Benefits?


The Social Security Administration (SSA) would like claimants to believe that applying for and obtaining Social Security disability benefits is easy. If you have gone into a SSA office, most likely you have heard or seen one of the following:

1. The representative at the window counter say, "Applying for disability benefits is easy, you can do it online from the comfort of your home without any trouble."

2. Viewed the "Boldly Go" poster on the wall.

3. Viewed documents that say "Applying for benefits is easy."

In reality, obtaining Social Security disability benefits is a very difficult process. If it were so easy, then why are over 70% of those who apply for disability benefits denied? I would also like to know if it is so easy why on a daily basis people suffering from deadly conditions like cancer, AIDS, and severe heart problems are continuously rejected?

Social Security disability benefits are supposed to be the ultimate safety-net for people who have paid into the system and are no longer able to work due to a mental or physical condition. There are numerous disability attorneys whose sole practice is to help people get the benefits that they deserve and they often struggle throughout the process. The process is not easy!

Since the application process can be a challenge, it is important to do your part by making sure there are no unnecessary road blocks along the way. When SSA requests documents from you, make sure to fully complete the forms and send them in as quickly as possible. Keep copies of all of your correspondence. Every so often make sure to call the Administration and ask how your claim is doing and if there is anything you can do to help move the case along. This sometimes can insure that your case does not get lost among the thousands of other benefits claims. Above all, stay active throughout the process and notify SSA any time you have a change of address, phone number, or need to update your medical information.

Although applying for and obtaining Social Security disability benefits is going to be a challenge that does not mean that you will be unable to win your claim for benefits. If you stay on top of your case, you might be able to win right off of the application. If you are denied, there is an appeals process that you can go through to keep your case going and hopefully win at one of the later stages in the process. By being aware that the process is not easy, hopefully you will be prepared for any curve balls they throw your way.




Aaron Rifkind is a writer and lawyer for Social Security Defenders LLC, who enjoys offering informational resources to the public. For more information on Ticket to Work or any Social Security disability benefits questions, feel free to contact Social Security Defenders http://www.socialsecuritydefenders.com.




Social Security Disability Benefits - Avoid Mistakes During the Process


The biggest mistake made by most claimants to social security disability benefits is that they wait for a very long period before filling in the application form on the false hope that their physical situation may get better in the course of time or they will be able to find a job which can be performed irrespective of physical weaknesses. Considering the fact that the processing time of an application can be even a year or two depending on the merit of your case, the applicant may be forced to face a two pronged attack, one from lack of earning power and the other from the time lag till his grievance is addressed.

Applications are always evaluated on the parameters of physical and mental impairments of the aspirant. The adjudicators determine whether your adverse conditions hinder you from working to earn a living. Because of this, it is very important that details of mental and physical weaknesses are disclosed to the authorities.

It is always better to hire a lawyer to represent your case. In the case of disability related cases, legal representatives can be paid after you win a case as opposed to other cases where you need to pay a substantial amount at the time of hiring a lawyer. A lawyer can always present a case better than you.

It has been found that many people who are denied simply give up or worse, make fresh applications for a new case. As the people processing your case are the same, your fresh application may always be rejected. It is better to pursue the old case diligently and systematically as it has been observed that a number of denied applications are set right at the appellate stage.

Never ever assume that the authorities know everything about you on the basis of your application. Updated information should be provided from time to time during the course of scrutiny of your papers. Every medical and work detail should be listed properly and clearly.

Personal details like phone numbers and contact addresses are a must as sometimes an evaluator or examiner may be sent to your residential premises to evaluate the conditions at home. The social security disability benefits, once you are made a beneficiary, are credited into your bank account or the checks are sent to your residence.

As the authorities dealing in the field of granting disability benefits often pounce on any minor mistake you make, it is very important that you avoid mistakes to eschew any chances of your application getting rejected.




If you want to know more about Social Security Disability Benefits then feel free to visit http://www.disabilityappeal.com




Social Security Disability - Start to Finish


There is plenty of advice and information about Social Security Disability online. The sheer number of resources and websites can be mind-boggling. If you are applying for Social Security (SSI or Disability Insurance), and just want the facts, plain and simple, this article is for you. Here we will discuss the application process, the appeal, the hearing, and what will happen if you are approved.

The first step to receiving disability benefits is to apply. First, decide if you will apply online, over the phone, in person at the Social Security Administration, or if you will have your disability attorney assist you. Next, you need to find out which type of Social Security you qualify for. Supplemental Security Income, or SSI, is intended to supplement the income of a disabled person who does not make enough money to get by. Eligibility will be determined by assets (bank accounts, vehicles, land or real estate ownership) as well as household income. If a spouse is working but makes less than the income allowance, you may still qualify for SSI.

Disability Insurance is based upon an applicant's disabled state or medical condition. Many people qualify for both SSI and Disability Insurance. If you are unsure how to proceed with this portion of the application, check with Social Security or apply for both anyway. They will notify you if you do not qualify for one or the other.

When your application is complete, double-check to make sure all required signatures are present and all information is filled out. A common mistake is to provide bits of information here and there, thinking that Social Security can find out the rest for you. This results in your disability application taking longer to process. Make copies of everything you provide, as you may need it later.

Once your disability/SSI application is turned in, you begin the waiting period. At this point, the only thing you can do is provide any requested information, attend doctors' visits frequently to gather additional medical evidence, and try to get by financially while you wait. Plan for several months of waiting at the very least, and years at the most.

If you receive a denial, APPEAL. It is very common to be denied at first. Appeal and begin the wait again. Continue to see your doctor and any specialists that may help your claim. If you are denied again, APPEAL again. Do it quickly, and do not wait for your application to expire! If you do, you will have to start the process all over again.

If your claim goes to a hearing, consider hiring a disability attorney. They are generally known for increasing your chances of being approved, and often more quickly. If you decide to represent yourself, make sure all your medical records have been submitted to Social Security and the Hearing Office, and familiarize yourself with the records and with Social Security's "listings," or requirements, which can be found on Social Security's website.

If you are denied, you do have more opportunities for appeal. However, if allowed, you may want to reapply at this point as well as appeal. Starting a new application may actually get through the process faster than appealing a hearing decision.

If you are approved, congratulations! Social Security will send a Notice of Award and you will hopefully receive your first check within a few months. Remember that the amounts quoted on your Notice of Award may be different if you are approved for both SSI and Disability due to offset. And also, do not exceed the allowed income limits once you have been approved, or your benefits will stop and you may have to pay Social Security back.

Wherever you are in the disability process, best of luck!




Becca has been involved in the Social Security world since 1995 and enjoys watching the program change peoples' lives.




Tuesday, January 17, 2012

Social Security Disability Benefits Are a Must for the Disabled


The ones who are fit and fine both in physical and mental terms need some schemes to avail the benefits. Think about those who are physically disabled. When the normal people are so fond of availing the benefits of so many schemes, the ones with physical disabilities also need the same with advanced features. Keeping this in mind the social security plans have been introduced. Whatever difficulties are faced by the physically disabled, these programs try to help them get rid of them completely.Only the appearance of the physically disabled individual is not enough to provide him the chance to apply for disability benefits, but there are several eligibility criteria that are required to be fulfilled.

Physical disability is not always a problem by birth. Sudden accidents also lead to such abnormalities in an individual. Those who are suffering from such problems are in a habit of doing so, but those who have been caught in such difficulties due to sudden accidents, it take a long time for them to get adjusted to such situations. The experts in the field, however, make sure that the disability benefits could conveniently be availed by the individuals who really need them, but only when they fulfill the eligibility criteria. In fact, with the technological advancement, it has been found that an individual can also use online mode to apply for disability benefits.

The disability programs are regulated by the Federal government and are facilitated by the Social Security Administration. Once the medical reports of an individual prove that a person is physically disabled, he is free to enjoy the benefits.The disability benefits are classified into two different categories:

Social Security Disability Insurance, which is advantageous to you as well as your family members. The only thing that you need to assure in this case is possession of an insurance policy. If you are insured, only then you have the right to avail the disability benefits offered under this category.

Supplemental security Income, which decides the type of benefit to be enjoyed by the disabled on the basis of his financial needs.

Thus, be sure of having all the credentials and documents that could prove you physically disabled in medical terms. This is because only then you will be considered eligible to apply for disability benefits. It is up to you, however, whether you choose online or offline mode of applying for the benefits.




Safina Jones is a legal advisor who has good information on disability benefits. To apply for social security disability benefits, please visit http://www.consumerlawfirmcenter.com/




Applicants for Social Security Disability Insurance Fare Better With Representation


When stacked against the deluge of applications for Social Security Disability Insurance, applicants who sought representation prior to filing fared better than their counterparts who completed applications on their own. The reason is that representatives who specialize in preparing Social Security Disability Insurance (SSDI) applications understand the terminology and know how to answer questions so that reviewers have a clear understanding of the applicant's condition.

With more than 1.3 million people waiting for approval, individual applicants who submit applications that are prepared correctly, using the proper terminology with the correct supporting documentation, stack the odds in their favor. Given that the process can average between two to four years, it is important to do as much due diligence in the beginning as possible.

While some cases are simple to evaluate, the reality is that too many get stuck in the system because of missing documentation, unclear answers and missing details. Ultimately, many of these applications are denied. After denial, many of these applicants will find an attorney to represent them at appeal.

Do You Need a Social Security Disability Representative?

If yours is a clear-cut case involving simple answers, a common condition, and requiring a minimal amount of paperwork, the answer is probably no. However, if your case is complex, involves more than one condition, questionable circumstances, or requires multiple care providers to provide documentation, you may want to find a qualified Social Security Disability Insurance (SSDI) representative to help you.

While some representatives, especially attorneys, will not consider your case until it has been denied, there are many organizations and individuals who will offer help in the early stages.

Questions to Ask Potential Social Security Disability Insurance Representatives

When seeking SSDI representation, people typically think of retaining an attorney. However, there are many organizations that hire specialists and representatives to help handle Social Security Disability claims for specific conditions. These firms often have extensive experience with specific conditions while attorneys have legal expertise and an understanding of the laws that are pertinent to your case and state.

When interviewing the representative, don't be afraid to ask questions. Remember, it's in your best interest to choose wisely.

When interviewing candidates consider the following questions:

What experience do you have representing people with this specific disability? At minimum you want someone with several years of experience and a solid understanding of your condition and the relevant terminology.
How long have you been in business? Again, this answer may vary greatly, but you want someone who has been in business for at least two years. Ten or more is preferable.
Are you accredited by the Better Business Bureau? Don't take this answer at face value. Verify it by going online or calling the Better Business Bureau to check their status.
What are your fees? Fees may vary, but most disability attorneys and advocates charge a fee only if they are successful in obtaining benefits for you.
Will you provide counsel to complete necessary paperwork? The company that represents you should take responsibility for your case. If they don't complete the paperwork, they should, at the very least, provide advice to you about the answers.
Will you track forms and appeals to ensure timeliness? They should advise you as to which forms to submit and monitor the status of your case.
What documentation will you provide for me? Bi-weekly updates regarding the status of your case will keep you abreast of the progress and ensure that important deadlines aren't missed.
Will you attend any appointments or hearings with me? Is there an extra fee for this service? Any representative who accepts a fee should also be present for appointments or hearings. Those with lower up front fees may charge extra for this service. Organizations that charge a larger up front fee, will typically appear with you for no extra charge.
Will you contact my doctors to obtain medical records for my file? This should be part of the service.
Is there a limit to the number of times I can call with questions? Unlimited access is preferred.
How often will you check with the SSA about my claim? Every two weeks is fair.
Will you be responsible for confirming that my claim file is up-to-date? This should be their responsibility.
How long should I expect the process to take? The answer on this may vary, however currently files are taking anywhere from nine months to four years to be finalized.
Can I talk to any of your previous clients? Interviewing previous clients can give you an idea about what to expect.




Apply for Disability
Disability Claim




Facts About Social Security Disability Benefits


The Social Security Administration (SSA) is not just for retirement. The SSA offers two types of disability benefits for those who qualify. Social Security Disability Insurance (SSDI) pays benefits to a worker who has a long enough work history to be eligible and who meets the requirements for a disability. Supplemental Security Income (SSI) is a benefit that is paid to disabled workers based upon financial need. The programs are very different and have specific requirements.

Workers who can no longer work because of a disability may be eligible for SSDI. The SSA has guidelines as to what constitutes a disability; they are usually medical disabilities that make it a hardship for the worker to withstand working conditions. The worker is unable to continue their pre-disability work and cannot adjust to any other type of work because of the medical condition. The disability must be expected to last at least one year or be a fatal condition. Examples of a disability include lung cancer, schizophrenia, and congestive heart failure.

Not everyone will qualify for SSDI even if they have a legitimate disability. Workers must have a work history or earnings record with enough time and tax money paid into the SSA system. The requirements are based upon the age of the worker. While receiving SSDI, there are incentive programs designed to help the worker return to the work force in some capacity. The Ticket to Work program offers some workers the chance to use a "ticket" and work with an employment network to find ways to start working again, either at the same type of job or something new.

SSI is a benefit that is paid to blind, elderly, or disabled workers who have few other options for income or financial resources. SSI is intended to pay for essentials such as shelter, clothing, and food. Many people who receive SSI are also eligible for other types of public assistance with housing, health care, or food since they have little to no net worth.

Anyone who believes they are eligible for SSA disability benefits should consult an attorney who specializes in disability benefits.




For more information, please visit http://www.socialsecuritynethelp.me




Filing for Disability: Do You Qualify for Social Security Disability Benefits?


Most people think of retirement when they hear Social Security, however Social Security provides benefits to people who are disabled as well.

The list of requirements that must be met for Social Security disability benefits is pretty long, and many people don't meet those requirements. In fact, the Social Security Administration says over 60% of applicants are denied each year because they don't meet the strict definition of disability.

Before filing for disability - tests you must meet to determine if you are eligible for benefits:

First, you must be fully insured, which means you have earned 40 credits over 10 years in covered employment. In 2011, you must earn at least $1,120 to earn one credit and $4,480 to earn four credits (you can only earn four credits in a year). If you have less than 10 years of work history, there is an alternative test based on your age to determine if you meet the duration of work test.

The second test is the recent work test, which basically says that you must have earned at least 20 credits in the last five out of ten years that ends with the calendar quarter you became disabled. In general, you must have recent work history in order to qualify for disability benefits. Again, alternative tests apply for people who become disabled before age 31, since they haven't had time to build the work history that older workers have.

Definition of Disability - Read this before Filing for Disability (Note: most people do not meet this strict definition of disability)

Social Security has a very strict definition of disability, so make sure you qualify before you apply for benefits. It's important to note that Social Security does not pay benefits based on partial disabilities, you must be totally and permanently disabled to received benefits. According to Social Security a person is disabled when he or she is unable to work because of a medical problem or condition that lasted or can be expected to last for at least one year (continuously), or that will result in the person's death. Also, the person must not be able to engage in any "substantial gainful activity".

If you meet the strict definition of disability above, then you should apply for benefits as soon as possible. First, the time to process your application is very lengthy; second, there is a mandatory five-month waiting period, so you will not receive benefits right away when applying for disability.

There are five main questions that Social Security looks at when reviewing a disability application:

1. Is the person currently working? If yes, is the person earning more than $1,000 per month? If so, then the person is considered to be engaging in substantial gainful activity and their claim is most likely going to be denied.

2. How severe is the medical problem? The illness or injury must severely limit the person's ability to do basic tasks, such as sitting or walking. In other words, it must limit the person's ability to do work.

3. Is the illness or condition on the List of Impairments? Social Security has a list of impairments which is a list of medical problems that are so severe that any person who suffers from them is automatically considered to be disabled.

4. Can the person do the job he or she did before she became disabled? If so, their claim for disability benefits will probably be denied. Disability is intended for people who are so severely disabled that they cannot do the work they did before they become ill or injured.

5. Can the worker do any type of work? Again, if the answer is yes, the person's claim will probably be denied if they can do work that is considered "substantial gainful activity".

If you do qualify for disability, your benefit will be based on your lifetime earning's record. Your benefit will continue until you recover and your disability ends or until you reach your normal retirement age, at which time your benefits will switch over to retirement benefits.

If you are receiving disability, your family may also qualify for benefits. Your spouse may receive a benefit of 50% of your benefit beginning at age 62 (divorced spouses may also qualify if you were married for at least 10 years). Any children you have that are under the age of 18 (or over age 18 and disabled before age 22), may also qualify for 50% of the amount you are receiving. The total benefits your family can receive is limited based on the maximum family benefit (updated each year).

Applying for disability can be a very lengthy and complicated process. To get started you can visit the Social Security website at ssa.gov and click on Apply for Disability Benefits.




Learn how to get the maximum Social Security benefits you are entitled to at Your Guide to Social Security, a website created to help baby boomers learn everything they need to know to make the most out of their Social Security, including when to apply, how to coordinate spousal benefits, how to minimize the taxes they pay on Social Security and much more.

http://www.socialsecurityretirementincome.com




Social Security Disability Benefits - How to Apply


It has been found that there is reluctance on the part of many incapacitated and disabled persons to approach the authorities to claim social security disability benefits due to a certain kind of social stigma supposedly attached to it. But it is always better to apply for it in case you are unable to work and fend for yourself than to spend the rest of life in penury and misery.

The first step is to get the application filled up immediately once you are disabled as processing of the application in most cases takes a long time to complete. Many applicants with lack of knowledge of the procedures are forced to undergo hardship simply because they lingered on for a long time before filing the application.

The authorities scrutinize your application and evaluate your work record and medical reports to determine whether you are a genuine candidate. In many cases the initial cases are denied due to one reason or other. It has been found that in some states the denial rate is more than sixty percent of the total applications received during a year. Once denied at the application stage, the claimant has the option to approach an administrative law judge specially designated to hear disputed social security disability cases. However, rejection levels at this appeal route are much more than denial rates at the application stage itself. However, it is highly advisable that you hire a legal representative to present your case.

The paper work involved in the process of filing an application is huge. Timely submission of papers for re-examination is also vital. Qualified and experienced service providers in this field are available to help you file your papers properly and as per the requirements.

It is a fact that social security disability claims will be evaluated almost completely on your medical records. It is therefore imperative that the claimant get regular medical treatment and keep the records safely for submission. It is found that many applications get rejected due to the lack of current medical records, even if there is an abundance of past treatment details. The judge or the authorities would rightly assume that you have passed your disabled state and is now able to work for a living. The applicant also should make sure that he complies with the medications stipulated by a medical practitioner.

It is also important that an aspirant keeps friendly relations with the concerned authorities and people working on the case. If you fulfill all these criteria, no one can stop you from getting your claim honored.




If you want to know more about Social Security Disability Benefits then feel free to visit http://www.disabilityappeal.com




Winning Social Security Disability Benefits at a Hearing


Everyone wants to be approved for their Social Security Disability benefits; otherwise they wouldn't have applied for them in the first place. But unfortunately, many applicants are denied in the initial decision on their claim. The next step is to begin the appeals process; if your appeal is declined, you must request a hearing with an Administrative Law Judge (ALJ). Because a significant percentage of disabled individuals get denied at hearings, it's important to prepare your claim well beforehand. Read on to learn more about winning Social Security Disability (SSD) or Supplemental Security Income at a hearing.

There are a number of things you can do before your SSD hearing to improve your chances of winning SSD benefits. While doing one of these things won't guarantee you will win approval of your Social Security Disability eligibility, doing none of these things will definitely guarantee you won't win benefits.

Document Everything Involving your Case

Medical record documentation is essential to proving you are actually disabled and eligible for benefits. And when I say everything, I mean EVERYTHING. That means your entire medical history, including dates of all your doctor's visits, medications that you've taken, how your disability has increased or diminished, etc. It's essential to submit all your medical records from the time you first started noticing your disability, because the ALJ at your hearing will need to determine whether your SSD benefits should be paid from your alleged onset.

If you hire a Social Security Disability Advocate for your hearing, they will submit a copy of all your records to the ALJ. If you are missing anything vital to your case, your advocate will make every effort to obtain the missing records.

Get Supportive Statements from your Doctors

While statements from treating physicians are helpful, they seem to carry much more weight when evaluated by an Administrative Law Judge. It is not always clear who is making determinations on your claim at the initial levels of your SSD claim. At a hearing these statements can actually win the whole case! For that reason, you should request that any of the doctors you are seeing write supportive statements that back up the objective medical evidence you have submitted to the ALJ.

Hire a Social Security Disability Advocate

If you haven't done so already, hire an SSD advocate. Your advocate will have been to numerous hearings, and know all the questions you need to be able to answer, evidence needed, how to present this evidence to the ALJ, etc. They will prepare you for your hearing the way no article on the internet can. Having a skilled and knowledgeable advocate at your side can definitely be the difference between winning and losing your SSD claim.

Your Social Security Disability hearing is the culmination of months, sometimes years, of waiting to be heard and approved for your SSD benefits. Don't risk losing at your hearing, hire an SSD advocate and improve your chances of winning Social Security Disability benefits.




Binder & Binder® was formed in 1975 to help clients all over America obtain Social Security Disability benefits. As America's Most Successful Social Security Disability Advocates®, they have served tens of thousands of people throughout the United States, Puerto Rico, the Virgin Islands and all U.S. territories in matters of Social Security Disability and Supplemental Security Income.




Monday, January 16, 2012

If I Am Medically Disabled Am I Eligible For Social Security Disability Benefits?


You would think that all it takes to get Social Security disability insurance (SSDI) benefits is to prove that you are medically disabled and can't work. That seems logical. However, there are other things the Social Security Administration (SSA) looks at in addition to your medical condition that have nothing to do with your disability. You have to also pass SSA's "non-medical requirements" for disability benefits.

You Must be Insured for Benefits

You must have paid into Social Security through past work. This means that taxes were taken out of your pay, called FICA (Federal Insurance Contribution Act) taxes. If you paid into Social Security during your working life, you are insured for retirement benefits. But, to be insured for disability benefits, you must have a certain number of recent work credits.

You Need Work Credits

Work credits are accumulated over your working years. How many you need for disability benefits are tied to how old you are. Generally, if you are 31 years old or older, you must have earned a total of five-years-worth of work credits within the past 10 years.

Your Work Credits Must Be Current

If you stop working, this means you are no longer paying into Social Security. Eventually, your work credits will expire, usually within five years from when you last worked. Because you paid into Social Security, you can get retirement benefits when you are old enough. But you will lose your entitlement to disability benefits if the start of your medical condition began after, what is called, your "date last insured."

Your date last insured can be a hard concept to understand, especially if you have worked for many years. It's understandable to believe that you have the right to disability benefits. But think of it like an auto insurance policy. If you pay for car insurance but then you let your policy expire, you lose the insurance to cover you if you get into an accident. It's basically the same concept with your work credits. Your disability must have occurred on or before they expire.

You Can't Earn Too Much

If you are working and making more than an amount set by SSA, which is called Substantial Gainful Activity, (SGA), you absolutely will not qualify for SSDI benefits. Currently, this amount is $1,000 a month.

Non-Medical Eligibility Recap

The basic non-medical requirements you must meet to be eligible for SSDI, even if SSA finds you disabled are:

· You have paid into Social Security through FICA taxes

· You have recent-enough work credits for your age

· The onset of your disabling medical condition occurred while still insured for disability benefits

· You are not working and earning above substantial gainful activity (SGA)

If you fail to meet the non-medical requirements for Social Security disability insurance eligibility, you won't be approved no matter how disabled you may be. But if you do pass the test, you will more than likely get approved. And then you can look forward to a monthly safety net of benefits you worked for, earned, and fully deserve.




Suzanna is an expert author on the subject of Social Security disability and Veterans disability and is employed with Freedom Disability and Alpha Veterans Disability in Shelton, Connecticut. Suzanna's educational articles provide informative resources on all topics regarding Social Security disability insurance (SSDI) benefits and Veterans disability compensation. http://www.freedomdisability.com.




Improving Your Odds Of Receiving Social Security Disability Benefits


Applying for Social Security Disability (SSD) is not an instant guarantee that you will receive disability payments. According to the Social Security Administration (SSA), in addition to the long application process, there is an automatic five-month waiting period for SSD benefits to ensure that during the early months of disability they don't pay benefits to persons who do not have long-term disabilities. "Social Security disability benefits will be paid beginning with the sixth full month after the date your disability began. You are not entitled to benefits for any month in the waiting period."

Additionally, in a 2010 press release Michael J. Astrue, Commissioner of Social Security, disclosed that the average SSD application and appeals process for hearing decisions takes 442 days (socialsecurity.gov/pressoffice/pr/hearings-backlog-0310-pr.htm). That's more than a year that most SSD applicants must wait, often going months at a time without hearing anything about their Social Security Disability case. So what can you do to change that? Unfortunately, not much. Millions of Americans file for Social Security Disability every year, but due to a backlog of cases, most applicants won't even receive an initial decision on their claim for at least three months from the time they apply.

Hiring a Social Security Disability advocate to help you with your claim from the very beginning can significantly improve your chances of receiving an approval for your benefits on the SSA's initial decision, but you will still have to wait for your claim to be processed. There are some things you can do while waiting for the initial decision or appeals process however, that will improve your chances of receiving SSD benefits even more.

Stay Vigilant

Keep on top of your claim at all times. When the SSA sends you forms to fill out, you usually only have ten days to fill them out and send them back. If you don't complete their forms in time, you could be denied benefits based on a "lack of cooperation." Because of the financial hardships most people encounter while waiting for their SSD, many applicants move around. Don't assume that mail from the SSA will be forwarded. Make sure the SSA always has your current address and phone number. Send your address change to the local SSA office, and be sure to keep a copy of your address change notification letter.

Continue with All Doctors' Appointments

You can be visibly suffering in from of an SSA or Administrative Law judge, but your Social Security Disability eligibility depends on your medical records; if you haven't been to a doctor in the last year and have no records of your disability, your benefits will be denied. If you don't have medical insurance, go to free clinics or see if you qualify for insurance through the state you live in. Even more importantly, make sure to go to any and all doctor appointments that the SSA sets for you. If you can't make it to an appointment that they have scheduled, call the SSA and have them reschedule it.

Keep Medical Records Organized

The SSA will subpoena your medical records for your claim, but they almost never have a complete set. Always maintain a comprehensive record of your medical records, including all doctors and specialists you have seen, the dates of your appointments, types of medication and/or therapies you have been prescribed, etc. If you are denied benefits you can always submit additional medical records the court may be missing for your appeal. Additionally, if you choose to hire an SSD advocate, they will be much more prepared to handle your case with a complete set of medical records to look at.

Keep a Written Journal

It's easy to remember how you felt yesterday or last week; it's a lot more difficult to remember how you felt or what you were capable of doing two years ago. However, you may just have to testify about your activities going back that far. By keeping a journal of your activities and pain levels, you can testify a lot more accurately, and an appeals judge is going to give your testimony a lot more consideration. You don't have to write a novel, just summarize your pain and what you can and can't do once a month. If anything serious happens, make a note of it for the day.

Don't Panic

Getting approved for Social Security benefits takes time - it many cases, a lot of time. If you're unable to work due to a disability, it can be really easy to go broke while waiting for your benefits. Try to be patient, and don't panic. Before applying for SSD benefits, plan on the process taking at least two years or more. If it takes less time - great! If it ends up taking two years, you will have been prepared and hopefully had a financial plan for making it through these two years. The best thing you can do is to keep going, and don't let the SSA get you down. Keep appealing your SSD claim, keep seeing your doctors, and stay patient. By staying proactive on your case at all times, you will help your case and hopefully get your benefits sooner rather than later.




Binder & Binder® was formed in 1975 to help clients all over America obtain Social Security Disability benefits. As America's Most Successful Social Security Disability Advocates®, they have served tens of thousands of people throughout the United States, Puerto Rico, the Virgin Islands and all U.S. territories in matters of Social Security Disability and Supplemental Security Income.




Defining Social Security Disability Benefits


When you're injured or you develop a condition that leaves you disabled, you need to find out more about Social Security disability benefits. While the concept seems simple - you get benefits if you can't work - there is a series of questions you should keep in mind as you begin the process of applying for benefits. You might not qualify for the benefits you thought you did, which means you need to seek out alternative ways of providing for your family.

The Questions You Need to Answer

As you determine whether or not you are qualified for benefits, ask yourself these five questions:


Is your condition severe?
Are you working right now?
Is your disability on the list for Social Security disability qualified disabilities?
Are you able to do your previous job's duties?
Can you manage new job duties?

With your doctor, you can begin to assess whether your condition is severe enough to warrant a disability claim. You will also want to talk about whether your condition will improve or if the disability is permanent. Think about whether you are working or if you are able to work right now. Again, this might be part of a discussion you have with your physician, helping you to create a clear understanding of how the disability is affecting your life.

Check with your state's disability list to see what disabilities are being covered by benefits. This can vary from state to state, so find out what your specific list includes. Think about whether you can do your previous job's duties. If you can not and you're of a certain age, education, or work experience, you might be told that you need to seek out other employment that you can handle.

That said, think about whether you could handle another type of job, with less stress on your body and on your condition. If this is the case, you might not be able to qualify for disability benefits at this time.

So Many Questions

The Social Security disability system is set up to make sure that benefits only go to the people who are actually unable to work because of a medical condition. Once you can prove that you will not be able to handle a job, then you can begin the process of apply for disability benefits. Realize now that this process takes time, sot he more quickly you can gather the necessary information, the more quickly you will be able to hear a response on your application.

Social Security disability benefits are crucial to support those people who are simply unable to work because of a qualified disability. Since you might still need support in your life, you need to have financial resources. The government can help you with your disability benefits. But if you're having troubles securing those benefits, talk to a qualified and experienced Social Security disability attorney to find out what you need to do to qualify.




If you live near Dallas, TX, and you've been denied Social Security benefits, consider contacting a Dallas Social Security lawyer for an initial free consultation. Dallas Social Security disability attorneys receive fees only when you win your benefits, so there's no risk to get professional help today.




Re-Opening a Prior Social Security Disability Benefits Claim


There are a number of reasons why a claimant should hire a Social Security disability attorney to help with a disability benefits claim. The more common reasons include but are not limited to: no up front fees, free consultations, gathering medical records, dealing with Social Security, and arguing in front of an Administrative Law Judge. One of the rarely talked about, yet very important reasons for hiring a disability lawyer is their ability to "re-open" prior claims.

What does it mean to re-open a prior claim?

The Social Security Administration (SSA) routinely denies disability claims. In fact, at the initial application level it can seem as though SSA is only approving claimants that are on the verge of death. Since so many people are denied, many claimants are second, third, or fourth time applicants. If your claim was denied at the Disability Determination Services (DDS) level (where the initial determination is made) and was not appealed, a disability lawyer may be able to "re-open" your prior denial without having to start from square one. The advantages of this specific method are plentiful. Re-opening a prior claim can result in more benefits, speeding up the process, and less documents back and forth.

Re-opening prior Social Security disability claims is governed by 20 C.F.R. 404.988, which can be found on the government website. While there are a number of ways a disability attorney can re-open a prior claim, one of the more straight-forward options is to do so within 12 months of the date listed on the initial determination, for any reason. There should be an emphasis on for any reason.

The second way a prior claim can be re-opened is if it is within four years of the date of notice of the initial determination and if there is "good case". Good cause is defined in 20 C.F.R. 404.989:

1) New and material evidence is furnished

2) A clerical error in the computation or recomputation of benefits was made; or

3) The evidence that was considered in making the determination or decision clearly shows on its face an error was made

Good cause for re-opening a case does not exist when the only reason is a change of legal interpretation or administrative ruling upon which the determination or decision was made.

There are many other ways that a case can get re-opened. If you have previously been denied disability benefits, you may have the option of re-opening the case rather then starting a new. It should also be noted that it is important to know whether you had originally applied for SSDI or SSI when you speak with a disability lawyer. Re-opening prior claims is one overlooked yet very important way a disability attorney can help you with your claim




Aaron Rifkind is a writer and attorney for Social Security Defenders LLC, who enjoys offering informational resources to the public. For more information on on Social Security disability benefits, feel free to contact Social Security Defenders LLC at http://socialsecuritydefenders.com.




How Can An Attorney Help Me Get Social Security Disability Benefits?


In order to be able to qualify for Social Security Disability benefits (SSD), you will need to make sure that you know what you need to fill out and what forms will be necessary when you go to apply. It is not necessarily an easy process, but it is one that is very specific in what you will need to do. If you do not follow the instructions to the letter, then you will be in for a surprise when you are denied. It is not that the SSA does not want to provide people who are disable d with the help that they need to be able to survive, it is just that they need to insure that those who are getting it are the ones who should be. They do not to be defrauded.

In order to make sure you are going to get the benefits you need you need to make sure you are getting the help you need to fill out your application properly and to make sure you do not miss a step. This is where you may want to consult an attorney to assist you. They will help in trying to determine how you will be able to get the SSD you deserve. There are a number of steps and forms you will need to go through in order to fully meet all of the requirements that have been presented by the SSA in order to qualify for disability.

In order for you to make sure you will get the best results in all steps of the process, you need to use an attorney. Whether you are in the initial application phase, in which you are applying to have the benefit for the first time. When you apply for a reconsideration an attorney will be able to look over all of your information and help to give a better chance of going through and allowing you receive your benefits. If you are in the appeals phase, an attorney will be even more important as they will be able to represent you when you are in facing the panel of judges who will have the final say over your disability claim.

When you are applying for disability make sure to know all of the benefits, you will qualify for as well as the other items you may have a chance to get. It does not hurt to inquire or apply for more than the minimum. The worst that can happen is that you will be denied for something you never thought you were supposed to get in the first place.

No matter what level or stage you are in, or if you are just considering filing a disability claim, then you will want to consult an attorney. An attorney will be able to get you the best chance at getting your benefits from SSA as well as any additional benefits you may not even be aware of or known you had qualified for.




If you live in Texas, and you've been denied Social Security benefits, consider contacting a Texas Social Security attorney for an initial free consultation. Social Security disability lawyers receive fees only when you win your benefits, so there's no risk to get professional help today.




Sunday, January 15, 2012

Social Security Disability Insurance Eligibility


Social Security disability insurance (SSDI) is a benefit paid by the government's Social Security Administration (SSA) to workers who can no longer support themselves through work and are considered disabled. The definition of a disability is a medical condition that is expected to last for a long period of time, at least one year, or will cause death. Unlike other social welfare programs that can give financial assistance for partial or temporary disabilities, SSDI is intended for those with full disabilities.

Workers must qualify for SSDI based upon two separate "earnings" tests by the Social Security Administration:

• The first test is called a "recent work" test and is based upon the age of the worker at the time of the disability; for example, a worker who becomes disabled between the ages of 24 and 31 will generally need to prove work experience for half of the previous ten years; this test uses calendar quarters to mark time.

• The second test is a "duration of work" test; applicants must have worked for a certain amount of time before their disability based upon their age; the years worked do not have to be within a certain time period like they do with the recent work test and can be scattered throughout the previous years.

If the applicant passes the earnings tests, they must provide medical documentation of their disability which will be reviewed by doctors and disability specialists with the SSA's Disability Determination Services office in the applicant's state. The documents provided should be from qualified doctors and medical facilities. They need to show the medical condition, when it began, how it affects the applicant as a disability, and any treatment the applicant has received. The SSA will determine if the applicant is able to perform work related activities such as walking, lifting, sitting, and using cognitive skills or if they are truly disabled and deserve SSDI benefits.

If the SSA rules that the worker is disabled enough to be unable to perform their previous type of work, the SSA will also consider if the worker can perform other types of work different from their original line of work.




For more information, please visit http://www.socialsecuritynethelp.me




Understanding Social Security-Disability Benefits


Disability is a state where a human being is rendered incapable to earn and look after oneself. In such a state it is imperative on the part of the community he is part of to make arrangements to see to it that the disabled are not let high and dry. Some countries dole out substantial amounts with no strings attached. This practice has its own drawbacks in that it is a huge drain on public resources. Lack of proper scrutiny has helped many crooks get into support under the disability benefit schemes.

Progressive countries have found out ways to beat the problem. The funds are managed in such a way that it does not affect the financial situation. The US government has instituted disability social security taxes to fund the schemes. Many states have passes legislations that asks the employers should provide disability to their employees for non occupational injuries.

The agencies dealing with distribution of these benefits deal with each application received with an open mind and on a case to case basis. There is no blind application or rules. Social security benefits are provided under different schemes to disabled workers, military personnel injured and incapacitated in war, people injured severely in accidents and persons who are physically or mentally hindered from earning for a living.

The funds required for providing disability assistance are garnered from different sources. Every corporate house contributes towards it in the form of taxes. The Federal and State governments also pitch in with their contributions. The earnings coming from social security taxes are also contributes to this cause.

Two distinct disability programs are run for helping the needed. The first one is the Social Security Disability Insurance program, which contributes a steady amount to a disabled person if he had paid social security taxes while he was in a position to work. Here, some family members are also eligible to receive assistance. The other scheme is the Supplemental Security Income (SSI) program where the local government pays the beneficiary out of the funds generated from taxes.

Many websites with expertise in helping eligible people garner these benefits have come up. They provide valuable help to the disabled from the time of filling up the application to the final stages of scrutiny, thereby cutting out difficulties and disenchantment. Government departments also lend a helping hand in making the aspirant understand the requirements of the system.




If you want to know more about Social Security Disability Benefits then feel free to visit http://www.disabilityappeal.com




Will Social Security Disability Benefits Be Restricted?


The social security program is often described as an inefficient entitlement program. Nothing is further from the truth. The problem is Congress has used the surpluses the program had for decades to pay interest on the national debt. Now that there are no surpluses and the program runs at a deficit, one has to ask whether social security disability benefits are going to be impacted?

Social Security is considered a third rail topic. What does this mean? Well, it is a topic that politicians don't want to talk about much less deal with because they chance facing a voter revolt. The problem is the program is running out of money because retiring baby boomers are putting stress on it by requiring more money to be paid out than is brought in. This means either taxes have to be raised to pay for the benefits or those benefits need to be cut back. Either choice is not going to be popular with voters, but they are really going to be angry when they find out how we got into this position.

Listen to politicians and they will tell you social security is in trouble because it is inefficient and facing the demographic baby boomer problem. Both reasons are false and you shouldn't believe a word of it. The problem with social security is the government has been gutting it for years to pay for other things, specifically the interest on our national debt. This is because the total social security taxes collected each year for decades was far more than what was paid out. In 1999, for instance, the surplus was roughly $105 billion. This was for one year and reflected surpluses that existed for generations. All that money has been swiped by the government to pay our debts. The program is running out of money all right - because the government spent it!

So, what is the surplus for 2010? Here's where the problems start. The bad economy and influx of baby boomers means there will be...no surplus in 2010. Payments coming into the program will about equal payments going out. This should also be the case in 2011 and 2012. Assuming the Mayans are wrong and we make it to 2013, things start to get ugly. The program will start running big deficits. It will have roughly a couple of trillion dollars in it, but that pool should be used up in five to ten years.

All of this means bad news for social security and disability payments under the program. The government is going to have to raise taxes just to pay for the national debt and Medicare. There general belief is social security will exist in the future, but it will be cut way back as far as benefits go. If you are relying on it, you need to seriously contemplate another strategy as that check you get is going to be getting much smaller in the coming years if not disappearing entirely.




Mark P. Warner is with CurrentUSANationalDebt.com - learn the current USA national debt amount and read up on other national debt issues.




Obesity and Social Security Disability


It is estimated that nearly two-thirds of the American population is obese. Obesity has recently been recognized as a serious health condition that can have a significant impact on an individual's ability to sustain a reasonable livelihood. Obesity may directly cause numerous health issues including:

o    Diabetes

o    Heart disease

o    Chronic pain

o    Sleep apnea

o    Stroke

o    Arthritis

o    Gout

o    High blood pressure.

These symptoms may be enough to cause serious complications with work, school, and other life functions. Individuals suffering from obesity may be eligible for disability benefits, depending on the specifics of the individual's situation.

People who are suffering from obesity and feel they may be eligible for disability benefits should consult an experienced social security disability lawyer to explore their legal options. Studies show that the Social Security Administration makes significant monthly payments to people with disability relating to obesity.

According to the Social Security Administration, obesity is defined as a "complex, chronic disease, characterized by the excessive accumulation of body fat." The association recognizes that obesity may be caused by genetic, lifestyle, and environmental factors.  People who qualify for social security disability often have to prove their condition by consulting a medical professional for diagnosis. Since disability often requires proof of a significant impact on one's livelihood, a certified medical professional typically must testify that the condition is severe enough to warrant benefits.

People who wish to file for disability should follow the same regulations as other disability applicants.  The first step usually requires filling out the proper paperwork and submitting everything by the appropriate deadlines.  Disability applicants may be required to attend hearings and may have to prove significant limitations to his or her physical capabilities.  It is essential that applicants follow all rules, regulations, and meet all deadlines in order to gain disability benefits.




Obesity is a growing concern among the medical community and is already recognized as a severely limiting condition for those afflicted. If you have severe physical limitations due to obesity, you may be eligible for social security disability compensation. For more information on obesity and social security disability, visit the website of the Indianapolis social security disability attorneys of the Charles D. Hankey Law Office, P.C.
Joseph Devine




Applying for and Getting Social Security Disability Benefits


The process of applying for and getting Social Security Disability is very long and convoluted; hopefully, this article will shed some light on the things one can do to smooth out the process and what to expect along the way.

Once you have become disabled, do two things immediately,

Consult a competent disability attorney.

Start the application process with the Social Security Administration. This link will take you directly to the Social Security website where you can find out more about applying online and the guidelines for disability.

Once you have started the process, the SSA will do two things, they will send you paperwork to be filled out and signed so that they may obtain medical records. It would be helpful here if you compiled a list of every doctor, hospital, clinic etc you have been to in the past 2 years. The more accurate information you can give them at this step the better it will be when they request the records for review later in the process.

Secondly, they will schedule a phone interview with you to ask some general questions about your working years, family etc. They will be able to tell you at this stage approximately how much disability you could receive each month if approved and also in you qualify for Social Security Supplemental Income. The amount you may receive depends on factors such as family size, years worked, overall wages etc.

The SSA will also send paperwork to be completed that concerns your disability directly and how it affects your everyday life. They ask numerous questions concerning ability to work, mobility, daily living, personal care etc. Answer them in as much specific detail as possible because this is one of the main documents that the examiners will review when deciding your case, so the more that you can tell them about how it affects your life the better. Your attorney can guide you in completing this paperwork.

Once all the paperwork is completed it will be sent, in most states, to the state disability determination bureau. The SAA has contracts with most states so that the state examiners review the first step of the application process for the SSA.

This review can take as much as 6 - 9 months. There is really nothing you can do at this stage other than gather any new medical records you may have and keep in contact with your attorney as he may advise you to make regular visits to your physician so that current documentation of your disability will be available for the second stage of the process.

I should point out one thing here, over 85% of all disability applicants fail at this stage, so do not get discouraged when you are not approved. It would be much better going into this stage expecting not to be approved. The SSA does this to weed out those who really do not qualify for disability or even need it. The SSA's theory is, if the applicant is really disabled, they will be persistent and continue the process.

The second stage of the process is where a good disability attorney will be of great help.

This stage is called the reconsideration stage. Your attorney will file an appeal with the SSA requesting a reconsideration of your case based on certain facts. This is where the new medical documentation can be submitted to help your case. This stage generally takes about 3 months for the reconsideration.

The sad fact is you are just as likely to get turned down at this stage as you were at the first stage.

Once you have received the reconsideration denial from the SSA, consult with your attorney about the third stage of the process, the Administrative Hearing.

This process is by far the longest of the three, but the good news is that more than 85% of the cases get approved at this stage. So hang in there!!

Your attorney will file the paperwork with the SSA requesting an Administrative Hearing before the Administrative Law Judge.

Once the SSA receives your request, it can be anywhere from 9 months to 12 months before getting the actual hearing. This depends upon which state you live in and how many Administrative Law Judges hear the cases.

I know in my particular case, in Indiana, they have 3 judges that hear the cases for Indiana and some of the surrounding states so it can take many, many months to get to the actual hearing.

Once the hearing is scheduled, the SSA will send you and your attorney a notice of hearing, 20 days prior to the date of the hearing. Your attorney will then consult with you on how the hearings work, what questions the judges may ask, what questions he/she may ask you etc.

The hearing can be a scary thing, but your attorney will guide you and the judges understand your feelings so just answer all questions to the best of your ability.

Once your case has been approved, the Administrative Law Judge can issue a ruling for immediate payments. You will receive a lump sum payment from the SSA that covers from the sixth month after you first applied to the current month, the SSA has a 6 month waiting period before disability payments can begin even in the cases that get approved in the first stage.

After the lump sum payment you will receive monthly checks.

As you can see, the process for getting SSA disability is indeed long and tedious, but having a good attorney and being prepared for each stage can go along way in smoothing out the process an easing your fears.

This article is just an outline of the process of applying and the pitfalls one may encounter along the way, but hopefully one can gain some insight into the process an know what to expect.




K.D. Wiseman is the owner of DMJ Enterprises and creator of the Best Of The Home and DMJ Enterprises websites. Best Of The Home and DMJ Enterprises are popular home and garden websites featuring products for every corner of your home and garden including Quality Indoor and Outdoor Furniture, Children's toys, gardening supplies, Plush Pelts and more. Please visit both sites for your entire home, garden and family needs.

http://www.bestofthehome.com
http://www.dmjenterprises.com




Applying for Social Security Disability Benefits With No Health Insurance


When filing for Social Security Disability (SSD), one of the largest factors that your claim depends on is your medical records; in general, if you have no record that you've been taking medications or been to a doctor in the past year, your benefits will likely be denied. But if you have no health insurance how can you prove your condition? Read on to learn about applying for Social Security Disability without health insurance.

While every SSD claim is different, most claimants encounter a lot of the same problems while waiting for their Social Security Disability or Supplemental Security Income claim to be approved. This is one of the most frustrating aspects of the Social Security Disability system. Because it takes so long to be approved for benefits, most claimants have long ago depleted their resources.

Two of the most common problems are often a result of being unable to work: a lack of money to pay bills and living expenses and no health insurance. Without health insurance, a claimant not only cannot receive the treatment or medication they need for their condition, but they can't properly document their recent medical history either. Additionally, if a client has been prescribed medication, but don't have the money to cover it out of pocket, it will negatively affect their claim as well.

While there are no easy solutions for either dilemma, there are some things you can do to obtain treatment without health insurance. Oftentimes doctors will continue to see you as a patient if they know you have filed for Medicaid benefits. Other options for obtaining treatment without health insurance include seeking care at free clinics within your community, or at last resort going to the emergency room at your local hospital.

When it comes to your medication, things can be even more difficult. Without health insurance most medicines are unaffordable. The fact that you cannot afford your medicine may be deemed irrelevant on your SSD claim. The only thing those reviewing your case will see is that you did not take prescribed medication.

Unfortunately, unless you suddenly find a money tree growing in your backyard, there aren't many options for getting your medications without health insurance. Many doctors will have samples of brand name medications on hand at their office, so you can ask them for as many samples as possible while at your appointment. This is only a temporary fix, however.

Some online websites offer medications at lower prices. You can also keep a written journal of all your efforts to obtain medical care and medications. Keep track of your activities, pain levels, and/or diminishments in condition as well. If you hire a Social Security Disability advocate to file your claim, they may be able to make use of this journal in your favor.

Above all, hiring an SSD advocate is your best bet for winning your SSD claim - especially if you have no health insurance or access to medications. You do not have to pay your advocate until you win your case, which is especially beneficial if you are experiencing financial problems, and more people win their cases with an SSD advocate than without. Don't miss out on your SSD benefits, hire an advocate to represent your claim today.




Binder & Binder® was formed in 1975 to help clients all over America research their Social Security Disability eligibility and obtain Social Security Disability benefits. As America's Most Successful Social Security Disability Advocates®, they have served tens of thousands of people throughout the United States and all U.S. territories in matters of SSD and Supplemental Security Income.




Saturday, January 14, 2012

Common Social Security Disability Benefits Problems and How to Fix Them


The truth is that the government is not a perfect system; then again, no process is 100% perfect. Even so, the idea that there are problems with the Social Security disability benefits system can be troubling to some. When you need to have benefits in order to keep paying your bills, you hope that the system is as effective and as efficient as possible. Since this system can have common problems, you need to know about them so that you can deal with them in the best possible ways.

Backlogs in the System

Once of the most common problems with Social Security disability benefits is that the claims, new and old, are often in a backlog. Since there aren't as many employees to handle these claims, plus there are many more disability claims to process, the system simply gets behind. To complicate this matter, since there are so many more new claims, there are simply more mistakes on the forms, which can also lead to delays.

LESSON: You need to fill out your paperwork properly the first time. If you need help, speak to the social security disability office or to an experienced attorney.

Initial Waiting Period for Benefits

For many people, there can be a waiting period of up to five months for the initial social security disability payments. While this might not sound like a very long time, it can cause financial and emotional distress for someone who needs to have the benefits as quickly as possible. Processing a new claim can take a lot of time, and while you might not anticipate this sort of delay, it's very common, no matter what state you are in.

LESSON: Expect delays and fill out your paperwork as quickly as possible to expedite the process.

Additional Delays in Reviews

When a person wants to have their social security disability claim reviewed, this can take time as well. Not only does the file have to be read, but the argument for the review might need to go through several different people in order to be processed. Many more eyes have to review a claim when it's being denied and then resubmitted. This takes time and claims can be lost along the way or they can be delayed because of various employee responsibilities.

LESSON: Make sure you include all of the necessary documentation when you're submitting a claim. Also, ensure that you are submitting the documentation that has been requested as quickly as possible. If possible, make sure to follow up on your claim to make sure it's being processed.

While it's easy to blame the social security disability system for the problems you experience with your disability claims, you need to understand your role in the system as well. You need to make sure you are following the proper steps and submitting the proper paperwork. And if you need additional support, a social security disability attorney can help you navigate what is truly a complicated system.




If you live in Texas, and you've been denied Social Security benefits, consider contacting a Texas Social Security attorney for an initial free consultation. Social Security disability lawyers receive fees only when you win your benefits, so there's no risk to get professional help today.




Five Things Social Security Disability Recipients Need to Know During Tax Season


Tax season is not a fun time for anyone. Social Security Disability recipients are no exception to this rule. In fact, understanding your tax liabilities when receiving disability benefits can be rather confusing - especially for people who are new to filing taxes as a disability benefits beneficiary. Those who are used to simple and straightforward tax preparation with easy-to-read W-2's may be overwhelmed by the complications faced during tax season now that they have a SSA-1099 to complete. Fortunately, disability benefits do not have to turn tax preparation into a nightmare. The following five tips will help you through the upcoming tax season.

#1: Social Security Disability Payments Aren't Always Taxable

The first thing you need to understand is that disability payments are not always taxable. If you file a federal return as an individual and you do not make more than $25,000 a year, you will not have to pay taxes on your disability benefits. If you file your taxes jointly, you will not have to pay taxes on your benefits if your household income is less than $32,000 per year.

#2: Understanding What Percentage is Taxable

If your income is more than $25,000 as an individual or $32,000 on a joint return, you will need to pay taxes on your disability benefits. That does not mean, however, that the entirety of your benefits will be taxed. If your income is between $25,000 and $34,000 (if filing individually) or $32,000 and $44,000 (if filing jointly), fifty percent of your benefits will be taxable. If your income is above $34,000 (if filing individually) or $44,000 (if filing jointly), 85 percent of your benefits will be taxable.

#3: Paying Taxes on Back Payments

If this is your first year receiving disability payments, chances are that you received a lump sum payment for back payments that were owed to you by the SSA. If you claim the full amount of this lump sum payment on your current year's income taxes, you will likely end up paying taxes that you do not owe.

Let's say, for example, that you receive $1,000 per month in benefits. Your payments began in June and you also received 16 months of back payments in addition to the monthly payments you received this year. Thus, you received a total of twenty-three months of payments this year (the 16 months of back payments and the 7 months of benefits paid to you during the months of June through December), or $23,000.

When filing your income taxes, you would not want to claim all 23 months of payments on this year's income tax return. Instead, you would need to file an amended return for the previous year. You would take $11,000 of the benefits you received this year and add it to the prior year's return. Then, you would take the remaining $12,000 for this year and include it with your current year's tax return.

If you added all twenty-three months of benefits to this year's income tax return, you could end up paying taxes on your benefits due to the amount of money you received in back payments. This could be a very costly mistake since part of that income was technically for the previous tax year and not the current year.

#4: Hiring a Professional

If this is your first year receiving disability benefits and you have never filed a tax return using a SSA-1099, you may want to consider hiring a professional to do your taxes for you. The cost for professional tax preparation is minimal and a professional accountant can help you understand how your Social Security Disability affects your income taxes. A tax professional can also ensure that you do not overpay in taxes due to a lump sum back payment.

#5: Having Taxes Withheld

If you do end up owing taxes on your disability payments, you may want to contact the SSA to have taxes withheld from your future payments. The SSA will not withhold taxes automatically. In order to have taxes withheld from your disability payments, you will need to contact the SSA.

When having taxes withheld from your disability payments, it is important to remember that only federal taxes can be withheld from your benefits. You will still be responsible for paying any applicable local and state taxes and filing your income tax returns.




Disability Benefits
Disability Claim




Do You Know Enough About Social Security Disability Benefits


The Social Security Administration adopts a five step formula to determine whether the applicant is meets the prescribed parameters of disability to be eligible for receiving social security disability benefits. The department has its own definitions about all the terms involved and the applicant has to fulfill all the parameters as per those definitions.

The first step is to determine if the individual is 'working', according to their definition. If it is found that the applicant is earning more than 'Substantial Gainful Activity' amount from his present job, the application will be summarily rejected. The Administration evaluates the work undertaken by a claimant and earnings thereof.

After satisfying the first requirement, the authorities check out whether the claimed impairment is serious enough to substantially limit your capabilities to work and earn a sustainable income. Another criterion to be fulfilled here is that the physical or mental impairment has lasted or is expected to last for a period of not less than a year. The age, education and work experience plays an important role in determining whether the claimant is capable for taking up a less demanding alternative job.

Now it is the time to find out whether the physical or mental impairment the patient is suffering is a listed one. The list consists of 150 medical conditions categorized into thirteen major systems, which they consider severe enough to impair a person from working in a job of profit. Medical professionals working in the field are well versed on the provisions of the Blue Book in which the listings are made.

The fourth step is to figure out the possibility of a person to perform some job which he had done in the past despite the impairment. If the social security administration findings are positive, the applicant would be denied benefits, if otherwise, they move on to the last step.

Here the administration tries to find out whether the person can take up an alternative work which his physical or mental condition permits. There are four determinants while looking at this possibility. The age of the applicant, his educational background, his past work experience and his physical and mental condition. Illness like arthritis are considered differentially as it is found that such diseases create a psychological barrier in the minds of people and renders then unsuitable to do even unskilled work.

Gaining knowledge about these five steps is of phenomenal importance for an applicant if he hopes to get a positive outcome during processing of his application.




If you want to know more about Social Security Disability Benefits then feel free to visit http://www.disabilityappeal.com




Social Security Disability Benefits - Retirement Benefits


The Social Security Disability schemes provide various kinds of assistance to the eligible. Once your case is considered a genuine one, benefits under various programs will start to make your life comfortable and unconcerned.

The biggest payout under the scheme is made as retirement benefits. The worker pays social security taxes throughout his period of work and his work history and earnings are also kept in watch by the administration. The amount granted as support depends upon his earning record and the age at which he is rendered incapable to work further. However, a Federal Court ruling clearly states that eligibility to such welfare schemes is not a contractual right, which gives the State governments to cut the aid at any point of time.

The amount to be allotted as retirement benefit is calculated on the basis of the applicant's Primary Insurance Amount or in short, the PIA. PIA is the average income earned during thirty five years of his most productive work years. For those who does not have thirty five years of service, zeroes are added to his actual earning years to bring up the required thirty five. Certain formulas and determiners are used to calculate the amount to be disbursed. The biggest advantage of the scheme is that the amount determined to be given takes care of the inflation and rise of costs.

For being eligible, the worker needs to have completed at least sixty two years of age. However, he has to attain the age of sixty eight to be eligible for full retirement benefits. The benefits will continue till the death of the beneficiary.

If a worker chooses to delay his retirement well past the normal accepted retirement age, he will get additional retirement credits that will increase his disability insurance amount. These retirement credits can be extended to their spouses too. Children and spouse benefits would not be affected by these credits.

Any current spouse or former spouses for more than ten years are eligible for the spouse's benefit. The benefits for the spouse is calculated to be fifty percent of the worker`s Primary Insurance Amount. If a beneficiary dies, his or her surviving spouse are eligible to receive survivor`s benefits. The amount allowed is equal to the full retirement benefit of the deceased worker if the spouse has attained the normal retirement age.




If you want to know more about Social Security Disability Benefits then feel free to visit http://www.disabilityappeal.com




Who Is Eligible For Social Security Disability Benefits?


When you are trying to get what is coming to you, you need to determine whether you have the eligibility to receive certain benefits. This is true for Social Security Disability as well as any other benefits you may be looking to collect because of being disabled or not being able to work any longer. There are certain requirements and stipulations that will need to be met in order to qualify for disability benefits through Social Security. In order to be able to meet these requirements and to qualify you need to know what they are.

Understand that if you do qualify to receive disability benefits that you will not qualify for the insurance that comes with it. You will need to apply for coverage within your own city, county and state to see if they will be able to provide you with any type of medical coverage up until the age of 65. So yes, you may be able to qualify for the income provided to you before you reach the age of 65. In order to qualify for Medicare coverage you will have to go through a waiting period. In most cases, this is a time of one year from when you are declared eligible to receive disability benefits.

Know The Requirements

If you are looking to receive disability, the first thing you will need to do in order to qualify is actually to apply to receive the benefits. In order to have any chance to receive the benefits, you will need to be able to prove that you will no longer be able to work. This means that you will not have the abilities to perform your everyday tasks and to use the skills you have as a result of your years of working.

When you are trying to get this type of benefit you will in all likelihood need to have a doctor who is stating that you are no longer able to perform your job and that you should no longer be a contributing member of the workforce. You will need to submit all proof of this and in some cases the SSA will require statements from other people as well as an examination by their own doctor to ensure that they are not being defrauded.

In other words to qualify for disability you will need to be unable to work anymore. This is something that in some instances may require the assistance of an attorney to be able to help to prove that this is in fact the case. An attorney will be able to help you to get what you have earned and what should be paid to you as a result of your condition.

No matter what the reason is for your disability or why you can no longer work, you need to make sure you are doing all of the proper steps and following protocol when you are looking to get the benefits that you should. this is where an attorney would be able to help you.




If you live in Texas, and you've been denied Social Security benefits, consider contacting a Texas Social Security lawyer for an initial free consultation. Social Security disability attorneys receive fees only when you win your benefits, so there's no risk to get professional help today.