Need Social Security Disability? Start by Getting Medical Care
Posted by admin on Dec 7, 2008
While it is possible for somebody who is not yet 50 years of age to obtain Social Security disability benefits, it is quite a bit more complicated than for somebody who is over 50 years of age. For those that are younger than 50, obtaining disability benefits is dependant on their ability to prove that there is no work they are currently able to do. For somebody over 50, on the other hand, the only proof they need to provide is that they are no longer able to have the same vocation they did during the last fifteen years.
Those people who do not have medical insurance of their own can visit Social Security doctors for evaluation. These Social Security doctors are not actually there to treat you, but to examine your case impartially and methodically. Because of this, having a record of treatment from independent (non Social Security) doctors is generally the best way to provide proof of your disability. These are physicians with real knowledge of your case and experience with your disability.
If you do not have medical insurance, there are two different places you can go for help. Your local county clinic and vocational rehabilitation. County clinics are there for people who do not have medical insurance. If you decide to use a county clinic, the best way to go about it is quietly: it is best not to tell them about your current disabilities. Why? Because underfunded county clinics often turn away those with complex medical problems, insisting that they do not have enough money to treat you. They may decide to turn you away before you even get to see a doctor. 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. Say nothing else. Then, when you get in to see the doctor, you can provide details about your condition and concerns. Often times, they will send you to specialists for your conditions and pay for it.
The Vocational Rehabilitation Program, is a state funded program designed to help people be trained to do some type of work. However, before sending you off for training, this program will check your medical history and have you checked out by doctors associated with the program. And if they feel it is needed, vocational programs may pay for visits to specialists and physicians, medicine, or even surgery on your behalf. When all this is finished, they will then decide whether or not they believe you can go to work. If at the end of the decision process the program determines you unable to work, they will then send you over to Social Security to apply for benefits. This can help your claim, because the experts in the field of getting you back to work say you cannot. At the same time, you have gotten medical treatment and medications for free. And, if a vocation rehabilitation program does decide that you are fit to work, they will help you find the employment you need. In this case, the medical records, etc., you obtained can still be used to prove your Social Security disability claim.
The truth is, it is incredibly difficult to get Social Security disability benefits if you are under 50 unless you have received medical treatment outside of Social Security. Therefore, you have to get into medical treatment as soon possible.
Q: My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?
A: Even if a doctor cannot treat your disability, seeing a medical professional is a very important part of having your Social Security benefits claim approved. Why? Because one of the most important parts of proving that you have a disability (and should receive Social Security benefits) is documentation. As evidence of a disability, the SSA will look at your medical records. If you don’t see a doctor (and therefore have no real documentation of your disability) it is very possible that you will be rejected for social security benefits.
When you request social security benefits, documenting and tracking your disability is your own responsibility.
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If you are currently receiving $2500 per month in workers compensation, and are eligible for $2500 in Social Security benefits, you would be exceeding your 80 percent limit by $1000. Your Social Security benefits would be reduced to $1500 to meet your cap of $4000.
Consider consulting a social security lawyer or a Social Security representative, if any of your current workers compensation benefits are increased, reduced, or paid via one large sum (instead of in installments). Any changes to your workers compensation can affect your social security benefits.
Q: Are my Social Security benefits contingent upon my assets?
A: Your assets should not affect your Social Security Disability benefits.
But it also can happen due to delays in application, or a “disability onset date” which is adjusted by a judge or other official during the application process. In this case, you should speak to a social security lawyer to better understand you options for appeals, etc.
Q: Can I work while I have a claim pending?
A: A social security lawyer will define an SSD eligible disability as one that will prevent you from making a gainful income in your or any other field. Eligibility doesn’t, however, require you not to work at all. If the salary you earn with your work falls below a certain limit (which is set annually but the SSA), you may still be approved for benefits.
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If you wish to apply for Social Security benefits, it is key to be specific and forthright about your symptoms when you speak with your doctor; even if you’re not receiving treatment. Be sure your doctor keeps track of your symptoms to give the SSA a thorough history of your disability. The more documentation and evidence you have for your disability, the better your chances of getting social security benefits.
Q: I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for Social Security benefits?
A: Yes, you can still file for Social Security benefits.
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Federal law states that in the event of an injury or some type of illness or disease that effectively hinders your ability to work, you can claim some Social Security benefits even though you have not reached retirement age yet. These disability benefits are designed to give you a source of income when you are not able to work.
Disability is defined by the Social Security Act as the inability to engage in any income generating activity because of a physical or mental condition that can either result in death or will last for a period of not less than 12 months. Many people seem to be confused about when they can apply for Social Security disability benefits and when they can begin collecting payments. What you should realize is that it is important that you file for disability as early as you can, even on the day that you are disabled if possible.
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Although it is not required that you have a social security attorney, it may be wise to seek the counsel of one now. The majority of cases will not be approved after reconsideration and claimants will then request a hearing. It is recommended that you have representation of a social security attorney during the hearing process. A request for hearing cannot be made until a case is denied after reconsideration.
Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?
A: The biggest mistake is to wait too long to file an appeal.
socialsecurity. gov or by calling Social Security at 800. 772. 1213. You will then be scheduled for an appointment with a representative assigned to your case.
You can collect both workers compensation and Social Security Disability benefits, up to a maximum of 80 percent of your highest annual income average. The average income of every applicant is different. That means one worker may have a high enough cap to collect full benefits, while another may not. Your Social Security allotment will be decreased to meet that 80 percent limit, if the combined total of your workers compensation and social security benefits are more than your income average limit. For example, if before you were injured, your average monthly income was $5000, your 80 percent cap would be $4000 per month.
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Q: Are there any restrictions about attending classes after I have applied for social security disability benefits?
A: You are not prohibited from being a student when you have applied for social security disability benefits. It is best not to broadcast your academic endeavors, though, if your application was submitted due to a mental claim. Although common sense tells us that there is a big difference between the workforce environment and that of being a student, the disability examiner for your case might not see it that way. The claims examiner for your case may believe that your condition would not prevent you from working, if you are a student in an academic program. For this reason, applicants are frequently advised to tread lightly when declaring that they are attending classes while awaiting approval for social security disability benefits.
Most applicants can submit their application for initial review without any difficulty. Those individuals who may have difficulty meeting deadlines, gathering appropriate information or are confused about the forms should consider hiring a social security attorney. A lot of applications are denied after the initial review process. If your claim is submitted in the correct manner, it will assure that it is adjudicated properly. If you are confident you can do this independent of legal representation, then you may not need a lawyer.
Q: Will SSA pay me to care for my disabled spouse?
A: Not usually. While the SSA will provide social security benefits to the spouse of a disabled person who qualifies for social security, there are strict conditions. Normally, benefits are not offered unless the caregiving spouse is responsible for the care of a dependent under 16 (or disabled) child.
However, there are programs available that offer payment to caregivers. Medicaid is an example.
You can find your local VA Regional Office as well as Veterans Service Organizations on the VA website at http://www. va. gov.
Q: Can I hire an attorney?
A: The VA does have laws that tell attorneys when they can represent a client for a fee and when they can not. You can find some lawyers who will represent you for free, or Pro Bono, and others who will require you to sign a contract promising payment for their services.
However, you should be aware that your social security benefits will be reduced by 5/9ths of 1 percent for every month between the date you retire and your full retirement age, up to 36 months. After this period, the reduction decreases to 5/12ths of 1 percent. You should keep in mind that this is a permanent deduction. The decision of when to apply is entirely up to you and depends on your financial situation.
You should also realize that working while you receive social security retirement can reduce your benefits.
The medical vocational grid aids the examiner in establishing whether an applicant can perform a job he has had previously or other work. The guidelines are a tool and are not perfect. The grid alone cannot be used for determination of social security disability benefits. The claims manager will still need to use some common sense and subjectivity to determine if a person can perform work. Your work history is a significant factor to your case.
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Given the duration some claims take, it is vital to examine and adjust your budget when possible. Try to eliminate all spending that is not mandatory. Even if you can pay for those things now, you need to have a financial cushion should your claim take a year or two. Try to put savings away for the sole purpose of supporting you through the long wait that may happen with your social security disability application. Mandatory expenditures can sometimes be adjusted to allow flexibility during the waiting period.
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It is hard to determine, however, the length of time your claim may be under review. A decision on an application for social security benefits can be made in 30 days. Other cases can take up to two years. By assuring that you have submitted thorough details and the necessary forms in a timely manner, you can increase the likelihood that your social security benefits claim will not hit any snags. Most cases get hung up because the claims representative is waiting for current and complete medical information.
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