Clearing the Muddy Waters of Social Security Disability
Posted by admin on Sep 17, 2009
Many, many Americans (even the ones who qualify for benefits) are filled with questions about the process of applying for Social Security Disability. If you are not familiar with the ins and outs of the Social Security Disability process, applying for benefits can be a pretty frustrating experience. If this is you, you are not the only one out there feeling that way. Read on for easy to understand answers to some of the social security questions we most commonly hear. We hope that this information can help you to better understand the process, and know what you should do next.
The question we probably hear more than any other is “How are Social Security Disability and Supplemental Security Income different? The truth is, there is a lot of difference between them. Social Security Disability is known as SSD and Supplemental Security Income is known as SSI. The common ground between the two is they are both for disabled citizens, but that is where the commonality ends.
Supplemental Security Income is for those disabled persons who have either never been employed and earned money, or have not been employed enough total time to make them eligible for Social Security Disability. This is a wide group, including children, mothers or fathers who stay at home, or people who worked before they were disabled, but did not pay enough into Social Security to qualify them for SSD benefits. Supplemental Security Income is a benefit given based on income as well as disability, so if you have a spouse who makes too much money, you may be denied benefits even if you would qualify otherwise.
Social Security Disability works like this: you work, you pay taxes, and you pay for Social Security. Social Security keeps a statement on every individual that details how much money you made in the years you worked and how many “quarters” you have paid into the system. This is a statement that is sent on a yearly basis to individuals once they have earned enough quarters to qualify for SSD, should they need it. This statement will detail how much money you could receive if you became disabled and approved for Social Security Disability benefits. This statement also tells you your Date Last Insured often referred to as your DLI.
Q: “How can I get a copy of my statement?”
A: You can contact your local Social Security Administration office and ask for a copy of this statement. You can also obtain information from your statement over the phone, like your DLI, the amount of time you are recorded as having worked, etc. You can find your local office by calling 1 800 772 1213 or going online to the Social Security Administration website.
Q: “Why don’t I qualify for SSD when I worked the majority of my life?”
A: The reasons why you may not qualify for benefits are different from person to person. When you pay into Social Security it is almost like when you pay for health coverage. A certain amount of time after you stop paying your coverage will end. This is the same for Social Security. If, for instance, you work for 30 years before retiring early, the moment you leave work you will stop paying into your Social Security account. You only have a certain amount of time to file for SSD benefits before your coverage ends. If you are in this situation and your coverage has ended then you should consider applying for SSI.
Q: “It’s my money! I worked and I paid into the system, why can’t I get my money back?”
A: While you certainly have a point, the Social Security system just does not work this way. You do have to be found medically disabled even for SSD benefits. Paying into the system simply qualifies you for Social Security Disability.
Q: “I am already getting Social Security Disability but its not enough, I need to get more money.”
A: This is often what people say and this situation is understandable. However, in the world of Social Security benefits, the idea of “getting more money” just does not exist. With SSD you are either approved and receiving the entire benefit available to you or you are denied and receive nothing. You have only “paid” so much money into you Social Security account. It is similar to if you had a regular bank account that you withdrew monthly funds from, there is only so much money in that bank account and no more is being added because you are not working.
Q: “I was on SSD and then I went go jail, why am I not getting my benefits anymore?”
A: When you are in jail or prison, you are a ward of the state and the state is paying for your food, clothes, and necessities. Because of this the Social Security Benefits are stopped and when you are released you often have to reapply for benefits. If you find yourself in this situation, it is a good idea to speak to a lawyer or an expert in SSD laws and policies.
Q: “How long does this process take?”
A: The answer to this changes from applicant to applicant. Almost everyone is denied at least once if not twice. The entire process on average can take about 2 to 5 years. If you are in the middle of this process, and have a hearing scheduled to evaluate your application, it is a good idea to speak with a professional who understands the ins and outs of the SSD process. Most Social Security professionals offer a free consultation, and will let you know up front whether or not they can take on your case.
Q: “I was approved but now they are telling me that they over paid me and I have to pay them thousands of dollars back.” A: Unfortunately, this really does happen, and is called an “overpayment case.” If this happens to you, the first thing you need to do is speak to a lawyer who handles these kinds of Social Security cases.
If you find yourself in any of these situations and you are not sure what to do start asking questions. Speak to a professional who deals with SSD, and keep in mind that if one lawyer rejects your SSD case, there are others who may be willing to take it on. Shop for lawyers accordingly… some only take SSD or SSI cases, while others take all social security related cases. If you are not sure who to contact first there is a referral system for attorneys that specifically handle Social Security claims. This agency is called the National Organization for Social Security Claimant’s Representatives, or NOSSCR. If you call them and let them know what type of social security situation it is, such as SSI benefits, an overpayment case, a cessation (where they stopped your benefits) etc, they will give you the name and number of an attorney in your area to contact.
Guidelines for Applying for Social Security Benefits
Posted by admin on Sep 11, 2009
Q: If a person is currently unable to work due to injury, can he receive social security benefits?
A: To receive social security benefits due to an injury, you must meet some requirements. When you were injured, you had to have been in the workforce and covered by insurance. You must have been employed for five out of the previous ten years as a mimimum. It is required that your job was covered by Social Security. You must be younger than the retirement age in order to receive social security benefits via the disability program. Last, but not least, your injury needs to be such that you will not be able to join the workforce again for a minimum of 12 months. There are no benefits via social security for a worker who will only be out of work for a few months due to his injury.
Q: When will social security benefits stop?
A: Social security benefits will continue until a person no longer suffers from the medical condition that made him unable to work. In that case, the benefits would continue until the second month after the medical condition had ended. Social security benefits would also end if a person reaches retirement age and is eligible for retirement benefits. Disability benefits would be converted to retirement benefits. Your file will be evaluated regularly in order to verify the status of your injury. If your medical condition does not change, though, you will not have to apply again to remain eligible for benefits.
If a person has been notified of approval, when will he receive his first payment for social security benefits?
A: A person must be out of the workforce due to the medical condition for a minimum of five months before social security benefits can begin. Ideally, in that sixth month, a qualified individual would start receiving benefits. If you have applied, but have not yet received notification for approval, the processing time can vary. The thing that usually affects how long it takes to process an application is the wait for medical records. If it takes a while to receive requested medical records, the disability examiner assigned to your case must wait until he receives them to approve or your deny your application. Most applications are reviewed and the claimant notified of a decision within four months.
All Disability Social Security Questions…We Have The Answers
Posted by admin on Aug 31, 2009
What can I do if the SSA finds that I am no longer disabled and wants to cut off my Social security benefits?
All disability cases are subjected to regular reviews by the Social Security Administration. The time period between reviews are slightly different depending on the member’s medical condition. If the member is expected to recover, a review will be done in 6 to 30 months’ time. If there is a chance that the condition will improve, a review will be done in 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.
When the time for the review comes, the case will be forwarded to the Disability Determination Services department in order to determine the member’s continued eligibility for Social Security benefits. The member will go through an interview process and will be asked about his or her condition since being granted Social Security benefits. A medical examiner will then determine the present state of the member’s medical condition. 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.
Will SSA pay me to care for my disabled spouse?
While the SSA does not pay caregivers of disabled spouses directly, they may be able to receive benefits of their own. These benefits are given monthly and can be equal to 50 percent of the disabled spouse’s benefits. It is important to note however that the SSA imposes a limit to the amount of social security benefits that a family can receive.
The VA found me disabled. Won’t SSA come to the same conclusion?
One of the main differences between the SSA system and the VA system is that the SSA does not place percentage levels on disability. This means that while the VA system can find an applicant only partially disabled and therefore be eligible for benefits the SSA may determine that no disability exists.
Do You Need a Social Security Lawyer to Apply for SSDI?
Posted by admin on Jul 23, 2009
Q: Is my application for disability insurance more likely to be approved if I have a social security lawyer?
A: Having a social security lawyer on your side does not assure that you will be awarded social security disability benefits. If you have a social security lawyer, you can be confident that your case will be properly and fairly reviewed. Only a small percentage of disability claims are awarded after that initial and reconsideration review processes. If your claim is denied, you will want to appeal and have your case heard before an administrative judge. To undergo the hearing process, it is recommended that you hire a social security lawyer. An attorney will know how to navigate the process and assure that all the appropriate paperwork and deadlines are met prior to a hearing. If you are awarded benefits after the hearing process, your social security lawyer will walk you through applying for retroactive benefit payments and assure the correct onset date is established. You can certainly choose to represent your claim yourself. Most people, however, seek an attorney to help them through the process to assure that everything is completed fairly and correctly.
Q: If you were absent from the scheduled hearing for a disability appeal, will you be denied benefits?
A: Being absent from a scheduled hearing is not recommended.If a hearing was missed for a legitimate reason, you should be able to reschedule. 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. If you did not know you had a hearing because you did not receive notification, contact your claim representative immediately. 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. A social security lawyer would have assured that you knew about your scheduled hearing. A notice of hearing date is sent to your lawyer and you. If you knew about your scheduled hearing and missed it on purpose, your claim is in jeopardy of being dismissed. You will then have to reapply for disability, if that occurs. If you do not yet have a social security lawyer, it would be wise to hire one to help you through rescheduling and the subsequent hearing.
Q: Are SSDI and SSI the same thing?
A: Social Security Disability Insurance and Supplemental Security Income are two different programs. Individuals who have contributed to Social Security via their paychecks and, consequently, earned enough work credits are eligible for Social Security Disability Insurance. Supplemental Security Income (SSI) is based on financial need. SSI is not based on work history.
Do I Need a Social Security Lawyer?
Posted by admin on Jun 4, 2009
Q: When will I receive my first check?
A: When your disability case was given approval, the Social Security board in your particular state decided when your injury first prevented you from working (known as “date of onset.”) Five months following that determined onset date, you will be allowed to collect your first benefits. You will actually not be paid until your sixth month, since all payments are distributed at the end of the month. No benefits will be paid for those first five months. It is possible to be paid retroactively, if it is proven that your condition was present prior to your application for disability benefits. Back payments can be made retroactively for up to 12 months. If you believe you are eligible for back payments, you may wish to seek counsel from a social security lawyer to help you apply for retroactive benefits. There are many applicants who do receive back payments for benefits, since the process of applying for benefits can often take quite a while.
Q: Are my dependents eligible for benefit payments?
A: Payments to dependents are determined by the amount of your Social Security contributions. In some cases, children are eligible for up to 50 percent of the amount of benefits you receive. There is a cap on the amount for which dependents are eligible. As previously mentioned, that amount is dependent upon how much you have contributed to Social Security over your time in the workforce. Your child must be unmarried to qualify. He cannot be older than 18, unless he is a student (students cannot be older than 20 to be eligible.) If you currently receive Supplemental Security Income (SSI) benefits, your dependents are not eligible to receive benefits under your claim. 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. Until you are able to return to work or reach the age of retirement, your file will be subject to Continuing Disability Reviews (CDRs.) The CDR is undergone to update your file with the latest medical records and to determine if your condition has improved significantly. CDRs are described as being done a year after approval, then three years and seven years after. That means a review of your case could happen when you do not expect it. Benefits typically continue, unless you return to work and earn more than $940 per month, or your medical condition has improved significantly. SSI benefits will discontinue if your income is no longer below the income criterion. If you are confused about returning to work in some capacity and how that may affect your benefits, it would be wise to contact a social security lawyer.
Can A Social Security Lawyer Help with a Request for Reconsideration?
Posted by admin on Mar 22, 2009
Q: Should you have a social security lawyer if your disability claim was denied?
A: Having your case reconsidered is your next option if you were not approved for disability after the initial review process. It may be wise to seek the counsel of a social security lawyer if you plan to have your claim reconsidered, since many claims must go on to the hearing process. You will need to submit all the required paperwork within 60 days of when your claim was denied. If you do not submit the paperwork in that timeframe, you will likely have to start the application process all over again. Most claims are denied during the initial review process. In fact, most of the disability claims that are awarded are done so after the hearing process. You cannot, however, request a hearing until your claim has been through the reconsideration process. For that reason, make sure that you do not ignore the 60 day time limit to submit the paperwork for your case to be reconsidered. As previously mentioned, a social security lawyer can be a tremendous help, as your claim navigates both the reconsideration and hearing processes.
Q: Once you have requested a hearing, how much time does it take?
A: Once your claim for social security disability benefits goes to the Office of Hearings and Appeals, it may take quite some time until a hearing is scheduled. It can take a year or two until a hearing is scheduled. 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. Make sure you make a hearing appeal as soon as you receive notification that your appeal for reconsideration was denied. If you do not already have a social security lawyer, it would be wise to seek one to represent your case during the hearing. 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: It is not uncommon to hear little from the Office of Hearings and Appeals for long periods of time. Notification will usually be received to acknowledge the hearing appeal, when a hearing date has been set and when a decision has been made after the hearing. Claimants in some states may also receive an exhibit list, which provides details of everything in your file. A social security lawyer is your best advocate if you are having any difficulty with the hearing process.
Social Security Benefits
Posted by admin on Feb 6, 2009
It can be a challenge to wind your way through the labyrinthine Social Security regulations and find out which social security benefits you are eligible to receive. To smooth the process, here are answers to some of disability applicants’ most common questions.
There are no partial disability social security benefits, since SSA is designed only for people who are completely disabled and who have been (or are expected to be) disabled for at least a year. If you wish to file for partial disability, you will need to do so through a state or local program. Being denied disability benefits from SSA will not automatically disqualify you from receiving benefits through state and local programs.
However, even if you are deemed to be completely disabled, you can keep working while receiving disability social security benefits, provided you are sufficiently disabled that your work capacity is low. When you apply for disability, the state agency in charge of your case will assess your total earning capacity. If you can still work but your maximum possible income falls below a certain amount, you can still collect disability benefits. Note that the agency will consider how much you CAN earn, not how much you DO earn: If you could earn above the minimum by changing to a different job that you are trained to do and physically capable of doing, then you will be considered ineligible for social security benefits. You will not be pressured to do work you are not able to perform. The state agency will consider your experience, education, medical condition, and even age when evaluating your ability to change jobs. If you would be able to support yourself if you switched to a better job, training and job search assistance are available
Many applicants are told by their doctors that there is no further treatment for their condition, but their social security agents ask them to continue visiting doctors. If this is what you are dealing with right now, there is an explanation! First, your regular doctors may not be able to provide all of the information the state agency needs to evaluate your case. The agency will arrange for you to see a doctor who has the specialized experience or equipment necessary to complete the examination. The visit is not for treatment; it is simply part of your case evaluation.
Second, disability is not always permanent, and even untreatable conditions can improve. Regular examinations to chart the progress of your health are essential. Your health may improve enough that you can return to work, even without medical treatment.
And third, medical science comes up with treatments for “untreatable” conditions every year. Why miss out on a cure because you stopped going to the doctor out of resignation? It is a small nuisance compared to the huge lifestyle benefits you could reap.
Medicare and SSD Benefits Questions You Might Ask a Social Security Lawyer
Posted by admin on Dec 2, 2008
Q: How long before I am covered for Medicare?
A: A social security lawyer will tell you that, if you’re retired, Medicare is fairly simple. Those that are 65 or older will normally be eligible for Medicare coverage if they’ve worked for ten years or more in a Medicare covered position. Even if you are under 65, it is possible to be eligible for Medicare coverage if you suffer from a disability. But you may want to talk to a social security lawyer about some of the complications involved in getting Medicare due to disability.
When they first become disabled, most Medicare applicants who don’t work with a social security lawyer do not realize that they will have to wait at least 24 months before receiving coverage. This is a two year waiting period that starts when your disability begins. In order to receive Medicare coverage for your disability, you are also required to be eligible for social security disability. Unfortunately, the combination of the waiting periods for both social security disability and Medicare coverage can make for a very long Medicare wait. You may want to talk to a social security lawyer for a better idea of the time frame.
Q: According to the Social Security Administration, I am one credit short of the number I need to be eligible for benefits. What, exactly, do they mean?
A: Social Security Disability eligibility is a complex system (which is why it’s a good idea to work with a social security lawyer). For you to be eligible to be “insured” for SS Disability, you will generally (though not always) need to have earned 20 credits during the last ten years of work. This is a rolling ten year period that is supposed to end on the day that your disability is judged to have begun.
Unfortunately, due to the combination of rules requiring a certain number of credits for people of a certain age, and a certain number of those credits earned in the last 10 years, not meeting the credit requirements is easy. A social security lawyer will tell you that this often happens when an applicant simply hasn’t worked enough. 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 amount you earn falls below the income limit for “substantial gainful activity,” it may not affect your claim. You may want to speak with a social security lawyer to learn more.