Posted on June 22nd, 2009 by admin in Uncategorized
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. You must have been working and insured at the time of your injury. To qualify, you need to have been in the workforce for at least five of the past ten years. That employment must have been with a position that had you contributing to Social Security. To be eligible for disability and receive social security benefits, you cannot be older than the Social Security Retirement age. 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. The Social Security Administration does not extend benefits to individuals with partial or short term disabilities.
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. If an individual surpasses the age of retirement, social security benefits under the disability program would end and retirement benefits would begin. Social Security will conduct reviews of your file periodically to determine if your medical condition has changed. You do not, however, need to reapply for disability benefits, if the status of your injury and employment has not changed.
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 are still awaiting initial approval, it is difficult to predict when you will receive notice of a decision. The thing that usually affects how long it takes to process an application is the wait for medical records. The disability examiner cannot make a decision about your case until he has reviewed your medical records. Most applications are reviewed and the claimant notified of a decision within four months.
Posted on May 30th, 2009 by admin in Uncategorized
Q: If I get Supplemental Security Income benefits, will my children get them, too?
A: When you consult a social security lawyer or apply for Social Security on your own, it is important to keep in mind that there are big differences between Social Security Disability Insurance benefits and Supplemental Security Income (SSI). While those that qualify for Social Security Disability Insurance Benefits may be able to obtain benefits for their children (a social security lawyer can help with the process), those that apply only for SSI cannot. The reason for this is that SSI is given based only upon need, and so benefits are not offered to dependents.
If you are approved for Social Security Disability Insurance benefits, on the other hand, it is possible to obtain benefits for minor children in some cases. Your dependent children’s ability to get benefits will generally be based on your past earnings. Not all of those who apply for Social Security Disability Insurance Benefits qualify for dependents’ benefits. Those with a short work history may not qualify. Talk to a social security lawyer for details.
Q: If I have money in my bank account, can I be approved for SSI benefits?
A: Any social security lawyer will tell you: because SSI is a need based program, all resources and income will be counted towards qualification. Those that qualify for SSI must earn little money and have few assets. And while every state has a slightly different resource limit for qualifying for SSI, there are a few general guidelines that a social security lawyer will give you when looking over your application.
See below for some of the things that are generally considered a resource, and which will be considered a part of your income.
• Cash
• Bank Accounts
• Stocks and Bonds
• Real Estate
• Life Insurance
• Cars, Trucks, and Other Vehicles
• Personal Property
While you may qualify for SSI benefits if you own a car or your own home, having too many resources or too much money in the bank will affect your eligibility. In general you must have less than $2000 in the bank for an individual, or $3000 for a couple, to qualify for SSI. However, you will want to talk to a social security lawyer about the specific requirements for your state.
Q: Will they take away my benefits if I sell my house and make money off of it?
A: The answer to this question will vary from case to case, and it is a good idea to speak with a social security lawyer in this situation. If you sell your home and make a profit, the amount of profit will determine your continued SSI benefits. If you make enough money from selling your house to go over your resources’ “allowable value,” you will become ineligible for SSI during that month. If, however, you maintain those “over value” resources in a bank account into the next months, your eligibility for SSI benefits may come into question. If this happens, it is important to speak to a social security lawyer in order to know your next steps.
Posted on May 7th, 2009 by admin in Uncategorized
For those that serve their country, the Department of Veteran Affairs provides a wide range of disability benefits. But each veteran receives different types of benefits– and not all of these benefits are equally valuable. The Department of Veteran Affairs has 8 “priority groups” which they use to decide which types of benefits a veteran will receive; “1″ is the highest and “8″ (which as of 2003 is no longer assigned to new veterans) is the lowest. The level of priority you are given will depend entirely on your disability (and whether it is service- or non-service-connected), your situation financially, and the level or intensity of your disability.
Because the fact of a disability originating from service-related or non-service-related sources has a generous impact on your veteran disability benefits, it’s important to know the qualification requirements for both types of benefits.
Non-service-Connected Benefits Requirements
A veteran who suffers from a total and permanent disability qualifies for non-Service-connected benefits. Eligibility for non-service-connected benefits also depends on several other factors:
• Income- Being eligible for non-service-connected benefits is based on the recipient having limited earnings and a net worth too low to provide the veteran with adequate maintenance. To get more information on income eligibility requirements, please see 38 U.S.C.S. §§1521-22.
• Service - To be eligible for non-service-connected pensions, you must have 90 days of active duty and at least one day in a “period of war.” For those enrolled in the military after 1980, however, the requirement is simply a full period of active duty. Specifically, an individual who enlisted for the first time on or after September 8, 1980, is required to complete a minimum period of service, either twenty-four months of continuous active duty or the full period for which the veteran was called to active duty. In addition, the active service of the eligible veteran needs to include 90 total days during a period of war or one day of service during a period of war which ended in discharge due to a service-connected disability.
• Discharge- To qualify for VA benefits, you must have been discharged from military duty under non-dishonorable circumstances.
Service-Connected Benefits Requirements
Unlike with non-service-connected benefits, veterans who receive service-connected benefits do not need to be fully disabled, have served during wartime, or meet an income or net worth requirement. Instead, you need to be able to prove the source and current status of your disability with:
• Evidence of current disability- As service-connected disability benefits are only available to those with current disabilities, the first things applicants must do is provide a current diagnosis of their disability using up-to-date medical records.
• Evidence of the occurrence of disability or injury- The next thing applicants for service-connected benefits must provide is proof that the disability occurred during or was aggravated by military service. Veterans should keep in mind, though, that the VA uses the term “in-service” broadly, also including injuries that occurred during leave.
• Evidence of connection between past injury and current disability- This requires that applicants give evidence of a connection between the injury incurred in service and the current disability.
The Social Security Administration provides more benefits to children than to any other group. Children can receive social security benefits under the account of a guardian (that is, a parent, step parent, or foster parent), that is either disabled or eligible for Social Security due to retirement. They are also eligible if said guardian has died after paying social security taxes a long enough period to qualify their survivors for benefits.
Children can receive benefits if they are:
• Single,
• Less than 18 years old,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or, over the age of 18 and disabled before the age of 22.
Q: But, will my children receive social security benefits even if they do not live with me?
If your children do not live with you, their ability to obtain benefits will depend on the specific relationship you share with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. A child is automatically considered financially dependent on you, regardless of where he or she resides, in the following cases:
• He or she is your legitimate child
• The child is your legally adopted child
• The child is your natural, recognized, but unlegitimized child, and either a court has made a determination of support, or you regularly contribute financially to support the child.
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
• Records that you made periodic payments for the child
• Additional related 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 step child will remain eligible for benefits after the death of or divorce from their natural parent (your spouse), as long as the child continues to live with you in a regular parent and child relationship.
In any of the above cases, you can provide proof of your relationship to your child. If you choose, you can also provide proof that you do not live with or contribute financially to the support of your child. If you do this, you child will not be entitled to social security benefits under your account.
Do you qualify for social security benefits? Picking through the convoluted regulations can be deeply frustrating, and when you are done, you may have no better idea than before whether you qualify for benefits. These frequently asked questions will clarify which disability benefits you are eligible for, and how far your benefits will stretch.
Can I get partial disability through SSA?
No, people with partial or short term disabilities are not eligible for disability benefits through Social Security. You are eligible for social security benefits only if you are deemed completely disabled and your disability is likely to last a year or more. (Note that you may continue working while collecting disability benefits if your highest possible income is beneath a certain level.)
I am able to work, but not at the level I used to, nor can I earn the same money I used to. 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, your current income is not the only number the state agency will consider when evaluating your case. If you are capable of earning a higher income by changing to another job, you will not be approved 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. In that case, the state agency may arrange for you to be examined by another doctor.
Once you are determined to be disabled, you will need regular examinations to determine the progress of your medical condition. Because not all disabling medical conditions are permanent, your health may improve enough for you to work even without active medical care.
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.