Disability and Social Security Benefits

Posted by admin on Jun 15, 2009

Do you qualify for social security benefits? The regulations can be labyrinthine, and trying to puzzle them out can be an exercise in frustration. To work out which disability benefits you may be able to receive, and to find out whether you will be able to earn an income while receiving disability, read on.

Can I get partial disability through SSA?

No, Social Security does not offer disability benefits to people with partial or short term disabilities. Social security benefits are available only to applicants who are completely disabled and whose disability is considered likely to last at least a year. (Note that as long as your highest possible income is below an SSA determined level, you may work while collecting disability benefits.)

I cannot work as long as before or at the same skill level, so although I still have a job, my income has dropped. Can I still file for social security benefits?

Yes, if your income is lower than a certain SSA determined level, you are eligible to file for disability benefits. 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 can move to another line of work and in so doing raise your income above the approved level, you will not be considered eligible for disability benefits. The state agency will take into account your medical condition, education, skills, work experience, and age when determining whether you could move to another job, so you will not be required to do work that you are not well enough to do or that you have not been trained to do.

My doctors say there is no treatment that can help me, so why do I have to keep going to doctors?

In the beginning, the state agency that handles your social security benefits will request that you go to doctors several times in order to get a complete evaluation of your medical condition. Your regular doctors may not be able to perform necessary tests or have equipment that is necessary to evaluate you, so you may need to visit another doctor to complete the evaluation. The state agency may help you to find the specialist you need.

Once you are determined to be disabled, you will need regular examinations to determine the progress of your medical condition. Not all disabilities are permanent; you may improve enough to return to work, even if there is no medical treatment that can speed your improvement along.


Making A Case For A Social Security Lawyer

Posted by admin on Mar 24, 2009

If you are currently suffering from a disability, a disease, or any type of medical condition that prevents you from working, you are possibly eligible for Social Security Disability benefits or SSD. SSD is a program of the government that is intended to provide monthly cash benefits to people who fit into the category of “totally disabled”. To be granted these benefits, an applicant will have to fulfill the following requirements: he or she must be suffering from a medical condition that prevents the pursuance of work, or that is expected to result in death.

It is important to note that there are many factors that will determine if you are eligible for Social Security Disability benefits, with concerns such as how old you are, how much education you have had, your work history, and your compliance with the terms of your medical treatment being some of them. Hiring a social security lawyer may prove to be very beneficial to you when filing your claim, since conforming to all of those requirements does not necessarily guarantee that you will be approved.

A social security lawyer can collect information that will help prove your eligibility for SSD. The process of getting your Social Security Disability benefits can take a very long time, and you will have to fill out a lot of documents as well as submit to an interview with a representative from the Social Security Administration. A good social security lawyer will also be useful to you when you are denied a claim, and will therefore have to make an appeal for reconsideration before a judge. When you consider that many SSD applicants are often denied benefits two times or more, and the appeals process can take up to two years to complete, the reasons for hiring a social security lawyer become even more apparent. A social security lawyer can speed up the appeal process and get you your benefits in a shorter period of time.

When you do hire a social security lawyer, it is important to treat your claim as the serious case that it is, and to follow his or her advice to the best of your ability. Many social security lawyers have had difficulties with clients that do not fulfill the terms of the medical requirement prescribed by their doctor. This in turn will make you more likely to be denied the benefits that you are seeking.

It is important to consider your social security lawyer as your most effective ally in your quest to receive Social Security Disability benefits. Helping him or her out to the best of your abilities will greatly benefit you in the end.


Your Social Security Disability Benefits Options

Posted by admin on Mar 9, 2009

Q: Should I make my claim for social security disability under my own account, or under the social security account of my spouse who recently passed away?

A: Of course, for most people applying for social security disability, your objective is to receive the highest payments you can. In some cases, you will receive the most generous payment by applying under a deceased spouse’s SS account. In other situations, the greatest social security disability payment will come from applying under your own account. Either way, you have to choose which payment is highest, as you cannot have both.

When deciding if you want to apply under a spouse’s account or your own, calculating the highest social security disability payment is an obvious first step. It is best to check with the SSA to determine what those payments might be. Depending on your age, level of ability or disability, and your years of work, it is possible to receive higher payments on your own, or via a deceased spouse’s account. In the case that you do choose to claim survivor’s benefits, you will receive your spouse’s full social security disability benefits when you reach retirement, or when you reach the age of 50 and are disabled. If you are not disabled, you can get anywhere from 71 to 99 percent of your spouse’s benefits before you reach retirement, as long as you are 60 years old or older.

Q: I am receiving social security disability but I want to apply for SS retirement.

A: In most cases, a person currently receiving social security disability benefits will automatically receive retirement benefits when they reach full retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer. Speak to the SSA or a social security disability lawyer for more information.

Q: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?

A: While you may hear plenty of horror stories about constant rejection from the social security disability program, the truth is that not all first claims are denied. The Social Security Administration has no policy or regulation stating that all first applicants should be denied. One the other hand, it is also true that first claims are denied quite often, and that the highest success rate with social security disability claims is in appeals, not on first application.

Of all social security disability claims, about 70% are denied the first time they apply. The biggest problem with this is that many who see their claims rejected do not know what to do improve their chances of being approved on the next application. Since most social security disability approvals happen through appeal, it is key to have knowledge of the ins and out of the appeals process. Consult the Social Security Administration or a social security disability expert for more information.


Doctors, Employment, and Social Security Benefits Eligibility

Posted by admin on Jan 8, 2009

Q: Can I get Social Security benefits for partial disability?

A: In the world of social security benefits, there are not many clear cut answers. But in this case, the answer is a simple “no.” Though some other federal and state programs offer benefits to the partially disabled, social security benefits do not. According to the SSA, an applicant either has a qualifying disability, or he or she does not. When applying for social security benefits, you will either be considered 100% disabled or not disabled, making you either approved or denied.

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 are doctors so important? Getting medical attention is key because the documentation it creates is a huge part of proving your disability and receiving social security benefits. For proof of your disability, the SSA will thoroughly explore your medical records. If there is little or no medical documentation of your disability, there is an overwhelming chance that your Social Security benefits claim will be denied.

When applying for Social Security benefits, the SSA considers it your own responsibility to document and track the progress of your disability. 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: My disability allows me to work, but I cannot earn the same amount of money I did before. Can I still file for Social Security benefits?

A: Yes, you can still file for Social Security benefits. But this does not necessarily mean that your claim will be accepted. When calculating a claimant’s eligibility for Social Security benefits, one of the most important questions they will ask is whether or not your disability allows you to do the work you did previously. If you cannot do that same work, they will then try to determine whether or not you can make a substantial income in another type of position. If you work, your eligibility for social security benefits will depend on the kind of work you do and how much money you make doing it.