Disability attorney Blog
Posted by admin on Oct 26, 2008
People don’t really know about social security benefits. It seems like it is hard to find straight information on this topic. Also, seems like all the politicians love to stay away from this topic. They seem to be scared of taking on the issue and having an honest discussion
I guess, long ago, the government decided that they needed a program to take care of our citizens. So the social security administration was built and funded. It idea is fairly nobel. Take care of those people in our society that need help. If they don’t have money, for whatever reason, our country will provide social security
So they created this new thing and funded it and made a way to keep track of everything. Of course, everything is great at the beginning of any program. It’s only when the program has become old, the funding didn’t work out as you hoped, that things get difficult. We all know that social security is in a world of pain at this point. Nobody is sure how this story will end.
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If the member is expected to recover, a review will be done in 6 to 30 months’ time. If a possibility that the condition will improve remains, the review will be undertaken after 3 years. If the member is determined to have a permanent medical condition, the review will be undertaken after 5 to 7 years have passed.
The review will be conducted by the Disability Determination Services department of the Social Security Administration in order to find out if the member should go on receiving Social Security benefits. A number of questions will be asked regarding the original condition, any changes that have occurred, any treatment that has recently been undertaken, and the work status of the member since the Social Security benefits were given.
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They consider a person to be working any day that he or she “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it. ”
The money your business makes may have an effect on your social security disability. If that income goes over the predetermined substantial gainful activity (SGA) level, the SSA may consider it a substantial income. This level is determined by comparing your business earnings to your pre disability earnings, and the earnings of a non disabled person engaged in the same business.
Q: If I pass away while I am in the Social Security Disability application process, where does my claim go?
A: According to the Social Security Administration, if a person who may be eligible for social security benefits dies (this includes Supplemental Security Income), their survivors may apply for a Lump Sum Death Payment.
In order to be eligible for social security benefits, your child must depend on you financially. Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:
• The child is your legitimate, natural child
• He or she is your adopted child
• He or she is your natural but illegitimate child for whom a judge has issued a determination of support, or for whom you make regular financial contributions.
If you have a recognized, illegitimate child who does not reside in your home, and for whom a judge has not made an official determination of support, you can give evidence of that child’s financial dependence upon you by providing:
• Paperwork showing that your child is qualifies as your dependant in other state and federal programs
• Old W2s and other tax forms showing that you claimed your child as a dependent
• Bank records, cancelled checks, etc. , showing that you made regular payments on behalf of or in support of your child
• Other proofs
In the case of a stepchild, however, the child is considered financially dependent on you (and therefore eligible for benefits) only if he or she lives with you in a parent child relationship. Generally, your spouse’s legitimate natural child, legally adopted child, or illegitimate natural child will be considered a step child.
This can be service connected because while you were in the service you had an accident, incident, or illness. Secondly, now that problem is causing pain as well as other problems which you have to be treated for.
Q: But how will receiving benefits from Veteran Affairs really help me?
A: If you are successful in being service connected for your disability you could receive a monthly benefit and you become eligible for medical care at your local VA facility. The benefit amount you will receive each month will be dependent on what percentage of your current disability is determined to be service connected.
Q: If I am currently service connected and I have hearing loss at 10% and PTSD at 30% why am I only considered 30% service connected?
A: Veteran Affairs uses a rating schedule that uses the severity of your disability to tell them what percentage service connected disability to award you.
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They may decide to turn you away before you even get to see a doctor. You just simply them that you do not have medical insurance and you need a primary doctor. Say nothing else. Then, when you get in to see the doctor, you can provide details about your condition and concerns. Often (though not always), once you get in to see a doctor, the county clinic will send you to any necessary specialists and agree to pay.
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People who have had to sacrifice employment and its benefits on account of chronic illness, or those who have qualified for benefits on attaining pensionable age are still eligible for social security under different clauses. There are several other classes of social security benefits, which certain sections may be eligible to receive. Workers unable to continue their present jobs on once they have worked for a stipulated duration can still receive disability benefits. To address the differing requirements of different sections of the society, the Social security administration pays the social security benefits through two different programs; the Social Security disability insurance program and the Supplemental Security Income (SSI) program.
Social Security pays benefits to people who cannot work or need to discontinue employment owing to a medical condition that is expected to last at least one year or is possibly fatal.
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If it is determined that the member is able to return to work, the Social Security benefits will stop.
If you disagree with the findings of this review process, an appeal may be filed with the office of the Social Security Administration. You may then be asked to attend a hearing, upon which time a reconsideration decision will be made. If the decision to discontinue your Social Security Benefits still stands, you may make an appeal in a federal district court or present your case before a judge of administrative law.
Can I receive any benefits for caring for my spouse who is disabled?
While the SSA does not pay caregivers of disabled spouses directly, they may be able to receive benefits of their own.
Many people who apply for Social Security disability benefits without the help of a social security lawyer will often have a difficult time with the process, putting even more burden on an already difficult situation. Since the application process for such benefits are often determined by a points system, a qualified social security lawyer can make things easier and simpler. With the many different kinds of Social Security disability benefits available, a social security lawyer can help you sort through them and help find the one that best fits your needs. A social security lawyer can even help you with the qualification process.
There are several benefits for disabled persons as provided by the Social Security System.
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If you have any questions about qualifications for dependents, you may wish to contact a social security lawyer.
Q: What happens when Social Security reviews my file?
A: If you are currently receiving Social Security Disability Insurance benefits, your file will be reviewed periodically. Social Security is entitled to conduct a review (called a Continuing Disability Review) as long as you continue to receive benefits. A periodic CDR will give the disability examiner current information on your medical condition, treatments and status. CDRs are described as being done a year after approval, then three years and seven years after.
Am I still eligible for social security benefits?
Yes, you can file for disability benefits if you are making less than a certain amount per month, averaged over a full year. Social Security changes the maximum income level yearly. You can find the current limit in the official SSA web site or in official SSA booklets.
However, be aware that your earnings in your current job are not the only earnings the state agency will take into account. If you are capable of earning a higher income by changing to another job, you will not be approved for disability benefits.
If the medical records of a claimant are not current, then a recent examination will be needed to provide an updated record of the injury or condition. Do not panic if a consultative exam has been requested for your case. Your attendance is mandatory and your application cannot be approved or denied without the exam, once it has been requested. If you cannot attend the scheduled examination, contact your social security disability examiner and reschedule. The exam is paid for by the Social Security Administration.
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There are many stages your application must go through to be reviewed. Without knowing it, your file may not be able to go to a next step because you were not aware of information that was needed. Knowing where your application is in the process, or if it has been lost, can be extremely helpful. To check on the status, it is best to contact the disability examiner assigned to your case. Most applications are reviewed within 4 months.
Section 8 housing aid or food stamp programs may be helpful if your wait is long. If your finances are in trouble because of your wait, it may be wise to seek counsel with a lawyer specializing in social security. You may be eligible for dire need assistance with social security. Such assistance can help expedite your claim and offer monetary aid.
Q: Can you go to the Social Security office to submit your social security disability application?
A: The three methods for filing for social security disability benefits are in person, via the telephone or via the internet.
Emergency and unexpected circumstances are the only reasons that will be accepted. For example, you had a medical issue, were ill, had a family emergency or were unable to physically get to the location of the hearing. Some people are not even aware that a hearing had been scheduled. It is important that your claims representative at Social Security has all your current contact information, so that mailed notifications will be sent to your correct address. An advocate like a social security lawyer will make sure that you do not miss notifications, issues with your claim or a hearing date.
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It is possible that your application could be lost. In other cases, notice of approval or denial of an application may never reach the applicant. Your case goes through a lot of steps in the review process. You could miss deadlines if you are not notified. It is always wise to check the status of your file from time to time.
The time it takes to schedule a hearing varies from state to state and is affected by the number of claims that are currently in the hearing process. It is important, therefore, to not add any more time to the wait by submitting your request for a hearing as quickly as possible. Having an advocate like a social security lawyer on your side during the hearing process can be extremely beneficial. A social security lawyer will assure that your case has been properly prepared and will be presented comprehensively during the hearing.
Q: Should you be concerned if you have not heard anything after a hearing request has been made on a social security disability claim?
A: A claimant does not often receive much communication while he is waiting for a hearing to be scheduled.
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Instead of providing a long medical history, when you speak to a county clinic, simply state that you a person without medical insurance who needs to see a primary physician. Nothing more. Once you see the actual doctor, then you can tell him/her about all your medical conditions. Often (though not always), once you get in to see a doctor, the county clinic will send you to any necessary specialists and agree to pay.
The Vocational Rehabilitation Program, is a state funded program designed to help people be trained to do some type of work.
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Q: If you are filing a disability claim, is it necessary to have legal representation?
A: It is possible to be awarded benefits without the help of a social security attorney. Most claimants can handle the first step in the process themselves. Unfortunately, a fair number of applications for disability benefits are denied after they go through the initial review process. It would be beneficial to have an advocate like a social security attorney, if you would like to file an appeal. Having your claim reconsidered is the next step after the initial review process, and a request to do so must be received by Social Security no later than sixty days after you received notification that your claim was not awarded benefits.