Posted on April 30th, 2009 by admin in Uncategorized
Social security regulations are labyrinthine, and working out which social security benefits you are allowed to receive can be challenging. To smooth the process, here are answers to some of disability applicants’ most common questions.
You will not be able to get partial disability benefits through SSA. Disability social security benefits are available only to people who are completely disabled and have been so (or are expected to be so) 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. You will still be able to receive state and local disability benefits if SSA denies your application because you are not completely disabled.
However, if you are disabled but able to work for short periods or at a low level, you may be able to continue working while receiving social security benefits. You total income will be taken into account by the state agency that handles your social security case. 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 need help moving to a better job that would enable you to support yourself, assistance is available.
Many applicants are confused and annoyed by their social security agents’ request to continue seeing doctors even after they have doctors’ statements that there is no available medical treatment for the applicant’s condition. 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. It is a good idea to have regular examinations to track the progress of your condition. Even without treatment, your condition may improve enough to allow you to return to work.
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? Occasional doctors’ visits are a minor nuisance compared to the vast improvements you could someday see.
Posted on April 28th, 2009 by admin in Uncategorized
There are many people out there that have questions about the Social Security Disability process, how it works, if they qualify and what to do. This process is one that can be extremely frustrating to someone that is unfamiliar with the laws or the process. If this is you, you are not the only one out there feeling that way. Here are some basic questions that we hear a lot and a few simple straight forward answers to those questions. Hopefully this will help you decide what your next step is going to be or at least where to look for help.
One question that is asked almost more than any other is “What is the difference between Social Security Disability and Supplemental Security Income?” This is a good question because there is a big difference in the two. 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.
SSI is for those people that are disabled and have never worked or have not worked enough to qualify for SSD. 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. SSI also is income based, so if you are married and your spouse makes too much money for the Social Security guidelines you could be denied even if you are disabled.
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. Once a person has qualified for SSD benefits, a Social Security record or statement will be provided to them annually. In this record, you will be able to see what kind of benefits you would be eligible for were you to become disabled and were granted SSD benefits. This statement also tells you your Date Last Insured often referred to as your DLI.
Q: “I would like to obtain a copy of my SSD record. How do I do this?
A: Getting a copy of your SSD record is easy; simply contact the Social Security Administration and ask. 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. To locate your local Social Security office, simply call 1 800 772 1213 or visit the Social Security Administration’s website.
Q: “I have worked almost all of my life? How is it possible that I do not qualify for SSD benefits?”
A: The reasons why you may not qualify for benefits are different from person to person. Paying “quarters” into Social Security is similar in concept to paying for health insurance. A certain amount of time after you stop paying your coverage will end. It works the same way with Social Security. If you work for 25 years and you decide to take early retirement you are now not “paying” into Social Security. You only have a certain amount of time to file for SSD benefits before your coverage ends. If you find yourself in this situation, you will probably want to think about applying for Supplemental Security Income benefits.
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. In order to be approved for Social Security Disability benefits (and get back some of the money you paid in), you must have been determined to be disabled. Yes, you paid into the system and that is why you are able to apply for SSD benefits instead of SSI benefits.
Q: “I am currently receiving SSD benefits, but it is just not enough money. How do I get more?.
A: This is often what people say and this situation is understandable. Unfortunately when you are receiving Social Security Disability there is not a such thing as getting more money. With SSD you are either approved and receiving the entire benefit available to you or you are denied and receive nothing. There is only so much “money” in your “account” to be withdrawn. 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 a person is incarcerated, they become a ward of the state, which pays for food, board, etc., During this time, your SSD benefits will automatically stop, and you will have to apply for benefits all over again when you are released. In this situation it may be a good idea to contact an attorney or professional that is familiar with this type of situation.
Q: “How long should I expect to wait before I get approved?”
A: The answer to this changes from applicant to applicant. Almost everyone is denied at least once if not twice. Because of this, the application process generally takes anywhere from two to five years. If you have been going through this process and now you are facing a hearing it is beneficial for you to at least speak with a representative that knows the law for Social Security benefits. 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. There are attorneys that handle SSI but not SSD and there are attorneys that handle all types of situations with social security benefits. 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.
Posted on April 24th, 2009 by admin in Uncategorized
Q: What can you do to get by financially when your claim for social security disability is still being processed?
A: It can take quite some time for an application for social security disability to go through the review process. Finding ways to get by in the meantime can be worrisome for some claimants. Given the duration some claims take, it is vital to examine and adjust your budget when possible. Do not make any unnecessary purchases, especially large ones. Regardless of what you can afford now, resist temptation to spend. Put any money you save by cutting discretionary spending aside to help you through the time it may take to reach a decision about your social security disability claim. Some claimants restructure their financial obligations to help them through. Some gas and electric companies have aid programs for those with limited income to help pay for winter heating bills. Refinancing a mortgage or other loan to free up funds can be an option. Some applicants are fortunate to have loved ones that can help them with financial support during the interim period. If you can no longer pay your medical bills, seek assistance. It is important that you do not stop your medical care. Some churches and non profits have programs to help with prescription costs. Look into state health assistance programs. Find free clinics, if need be, for routine visits. Many medical offices will help individuals in financial need by coming up with bill payment strategies. Explain your situation and be proactive before you get in trouble. Filing for public assistance programs can also be helpful. Some states offer assistance loans that you must pay back once you receive a decision on your social security disability claim. Filing for food stamps and housing assistance may be beneficial for you, if the application process takes longer than expected. If you are in financial dire straights, you might consider talking to a social security attorney. You may be eligible for dire need assistance with social security. Dire need status can grant you financial assistance and help your case be processed more quickly.
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. Most people believe handling it in person is the most advantageous. A face to face appointment with the disability manager who will handle your case gives opportunities for real contact that applying online or via telephone will not. The claims representative will have a chance to observe you functioning with your current injury or condition, and you have a chance to introduce your case. This initial meeting sets the stage for the rest of process. To request an initial appointment in person, call Social Security and tell them you would like to apply for social security disability insurance in person. Social Security will send you written notification of the appointment time and date.
Q: When should you expect notification of a decision on a social security disability case?
A: The duration can range anywhere from months to years. A decision for a normal case that has all the required materials is made within 90 days or so. .
Q: How long does a typical social security disability benefits claim take?
A: There are no deadlines within which the Social Security Administration has to process an application for social security disability insurance. Some cases take years to receive a decision. Decisions on other cases can be made within months. The norm for a social security disability case being reviewed for the first time is about ninety days. Numerous things can lengthen the duration for a decision on your particular case.Although you cannot control how long it takes for your social security disability claim to be processed, you can assure that certain factors will not delay it. The number one reason cases are held up is due to a wait for medical records. It is important, therefore, to assure that your complete medical records have been sent to the disability examiner handling your case. If a consultative exam is requested, make sure you do it. Contact your case manager if you need to cancel or postpone an appointment. A decision cannot be made regarding your claim, if the representative handling your application does not have thorough or updated information about your injury. Always confirm that your case manager has updated information regarding your address and phone numbers. And do not ignore notifications or informational requirements sent to you by social security. It is important to cooperate when your social security disability case is being reviewed. Lastly, it is smart to touch base with the disability manager handling your case from time to time to check the status of your file.
Q: Do you have to wait 5 months before you apply for social security disability benefits?
A: You should apply for social security disability benefits as soon as you become injured and know that your condition will prevent you from working for at least 12 months. You do not have to wait a certain period of time before you submit an application. The review process for a claim can be lengthy, so it is best to apply as soon as possible. There is a required waiting time of five months after the onset date of your injury before you can receive your first benefits check, but there is no waiting period for applying.
Q: Are you allowed to work part time when you are waiting for a decision regarding social security disability insurance?
A: You are allowed to be employed and receive social security disability benefits. The factor that influences your eligibility for benefits is not the employment itself, but how much income you make. If you make more than the SGA amount, you will not be eligible for benefits. The SGA limit for 2008 was $940 per month before taxes.
Many people that apply for Social Security benefits take on the entire task by themselves, although hiring a Social Security lawyer can make the process easier and simpler. Since errors made at the start of the application process results are a common occurrence, many claims for disability benefits are often denied. Fortunately, a qualified Social Security lawyer can help you appeal your case, which can result in a reversal of the decision to deny your application.
How long will it take before you are covered for Medicare?
Most people who are already receiving Social Security disability benefits will receive Medicare coverage automatically. Information about your Medicare benefits and your Medicare card will be sent to you shortly before you reach the age of 65 or before your 24th month of disability. In some cases, you may not be enrolled automatically in the Medicare program, particularly if you are not currently receiving any Social Security benefits. You will then have to arrange for an appointment with the Social Security Administration. Upon the processing of your application, the Social Security office will then determine if you are eligible for the Medicare program.
What if I lack one or more credits for disability insurance?
The Social Security Disability Insurance program requires applicants to have a certain number of credits that they have earned during a certain period, as well as a certain amount in earnings ten years before being disabled. Credits are earned every quarter of the calendar year. According to Social Security regulations, you should have earned a specified amount in dollars during a quarter. To be eligible for Social Security Disability Insurance, applicants need to have credits equivalent to at least 20 quarters or 5 years’ worth, over the past 40 quarters or the ten years previous to becoming disabled.
Working while applying for Social Security
Many people seem to think that they are not allowed to file for Social Security disability benefits while they are currently working. The truth is, you are allowed to file a disability claim and receive benefits while you are presently working. Keep in mind however that your monthly income cannot be higher than your SGA or substantial gainful activity amount, which is $900.00. This is because the Social Security Administration does not considers applicants that are able to earn this amount disabled.