The Council for Disability Awareness (CDA) issued a study in June showing that more and more workers who become disabled have used their retirement savings to cover expenses caused by the disability.

With foreclosures across the country driving down the value of homes, little equity is available in a home to help someone who has been injured tide themselves over until disability coverage kicks in. Statistics show that one in 10 workers entering the workforce today will become disabled before retiring. It is an often overlooked threat to long-term financial security, according to CDA.

Becoming disabled can limit your ability to earn. Failing to plan for disability can leave you to rely on the Social Security Administration for disability income, which on average is less than a $1,000 a month. According to a 2007 CDA survey, six in 10 workers do not know how they would manage an income-limiting disability.

American workers have been required to take on more responsibility for their own personal financial wellbeing, as many companies look to cut costs. The study suggests that most are not planning accordingly. Planning for your future should include insurance coverage designed to provide for your needs should you become disabled.

If you are already facing financial problems because of a disability, you may need an attorney to help fight for the benefits you deserve from Social Security. Contact an experienced attorney through SocialSecurityHome.com.

How Long Can I Receive Social Security Disability Benefits?

Social Security Disability payments are unlike other long term disability insurance programs where the plan is defined and you may only receive benefits for a specified period of time or up until a certain payment level is reached. If you qualify for Social Security Disability Insurance or Supplemental Security Income you may be able to receive benefits until you are able to return to work or you reach retirement age. If you are disabled until retirement age your Social Security Disability payments will be converted to retirement benefits instead of disability payments.

Social Security Disability benefits can be discontinued if you choose to return to work and are able to engage in “substantial gainful activity”. The Social Security Administration will consider you not disabled if you are able to engage in substantial gainful activity and are able to make more than $940 per month.

If you would like to try to return to work the Social Security Administration has created a trial work period program for individuals who would like to test their ability to work. The Social Security Administration will not consider the individual healthy and disability free, but will allow an individual to perform services for at least 9 months (not necessarily consecutive) in a rolling 60-month period to test their ability to work. If you are considering a trial work period it is important to contact the Social Security Administration or a Social Security Disability attorney for details for this program.

Will My Social Security Disability Case Be Reviewed?

The Social Security Administration will continue to do Continuing Disability Reviews (CDR) for your Social Security Disability claim until you are able to return to work or reach full retirement age. The Social Security Administration will review your medical files and most recent health information to verify that you have not made any substantial medical improvements.

The Social Security Administration schedules reviews for Social Security Disability Insurance and Supplemental Security Income cases every one, three and seven years. Due to backlogs with in the Social Security Administration system reviews are seldom done on time. It is important, however, to be ready for the reviews and keep all medical and financial records.

The Social Security Administration does not end an individual’s Social Security Disability benefits unless there has been substantial medical improvement, the individual returns to work and make more that $940 per month or for Supplemental Security Income benefits if the individual’s resource and income level rises above the program threshold level. Recent medical advancements and technology do occur but in reality the number of individuals who lose their benefits is very low.

If you have more questions regarding Social Security Disability benefits or have recently lost your Social Security Disability benefits a Social Security Disability lawyer can help you. Social Security attorneys are experts at navigating the Social Security Disability process and can take the hassle out of getting your Social Security Disability benefits. Contact a Social Security Disability Attorney today.

If you have been denied Social Security disability benefits and are debating on filing an appeal of that decision you may need to act right away. After notice of a denial, a claimant has only 60 days to get a notice of appeal in writing to the Social Security Administration. There are certain exceptions, but for the most part you have just 60 days to appeal the denial of benefits.

If you are considering an appeal, remember that upon examination of the statistics of past cases, we can clearly see that claimants represented by an attorney have had a much higher success rate than people without any representation.

There Are Three Levels Of Appeals

Your appeal may be handled at any of three levels

When the Social Security Adminsitrtation notifies you of a decision on your claim, they will tell you how to appeal the decision and at what level your appeal will be heard.

Hearing

If you disagree with the Social Security Administration’s initial decision, you may ask for a hearing on the “disability” issues of your claim, such as whether or not you are disabled, when your disability began or whether or not it has ended. An administrative law judge who had no part in the first decision of your case will conduct the hearing.

It is usually conducted within 75 miles of your home. A notification of the time and place of the hearing will be sent to you and your attorney. You will be given an opportunity to explain your case in person and provide new information about your claim. Witnesses in the case will be questioned by the administrative law judge, your attorney and/or you.

The administrative law judge will question you and any witnesses at the hearing. You or your representative also may question the witnesses.

It is usually to your advantage to attend the hearing, but it is not required. If you don’t wish to attend, you must notify the Social Security Administration in writing that you don’t want to attend. Unless the judge believes your presence is necessary in order for a decision to be made, he or she will make a decision based on all the information in your case, including any new information presented in the appeal.

The administrative law judge will take into consideration the evidence presented at the hearing and notify you by mail of their decision.

Appeals Council

If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council.

The Appeals Council looks at all requests for review, but it may deny a request if it believes the administrative law judge’s hearing decision was correct. If the council decides to review your case, it will either decide your case itself or return it to the judge for further review. You will receive either a copy of the Appeals Council’s decision or order sending it back to an administrative law judge.

Federal Court

If you disagree with the Appeals Council’s decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.

An experienced disability lawyer can guide you through the appeals process and offer advice on the process that is involved in appealing a decision by the Social Security Administration. A claimant with an attorney will get a better understanding of the Social Security System and their own claim through the advice of an attorney.

Anyone who has filed a claim for Social Security disability benefits should seriously consider the advantages of having an attorney to represent them in the case.

Am I Eligible for Retroactive Payments?

Many individuals who apply for Social Security Disability benefits will be paid past due benefits because of the lengthy Social Security Disability application process. The amount of back pay benefits a claimant will receive will vary for Supplemental Security Income benefits or Social Security Disability Insurance.

Individuals receiving Social Security Disability Insurance benefits may be entitled to retroactive payments from the date of their application and up to 12 months prior to the application date, minus a 5 month waiting period. The Social Security Administration will use the claimant’s EOD or established onset date to determine when their disability began. The claimants established onset date is the date they became unable to work due to their mental or physical condition. The DDS examiner or Administrative Law Judge will determine this date by analyzing the claimant’s medical records.

Supplemental Security Insurance is a Social Security Disability benefit program for individuals who become unable to work due to a disabling health condition but do not have the work credits to qualify for Social Security Disability Insurance. If a claimant applies for Supplement Security Income benefits they will receive Social Security Disability payments back to the first day of the month following the date of their application. Individuals will not receive any back payments prior to the application date regardless of the onset date of their disability. Back payments up until the application date could still be substantial if it takes a long time to win Social Security Disability benefits.

How Long Will It Take to Receive Back Pay?

Social Security Disability Insurance back pay is usually paid in a single lump sum payment. If the claimant is entitled to Supplemental Security Income back pay they may receive a lump sum payment if the amount is less than $6,000. If the amount is more than $6,000 the amount may be given in installments to meet the requirements of the income and resource limits of the Supplemental Security Income program.

How Is a Social Security Disability Attorney Paid?

If a claimant receives back pay for their Social Security Disability claim and has hired a Social Security Disability attorney, the Social Security Administration will generally withhold 25% of past due benefits awarded to the claimant up to the $5,300 maximum fee allowed under the Social Security Act and a check will be sent directly to the Social Security Disability attorney. Additional expenses may be incurred by the Social Security Disability attorney for gathering medical records or for paying other third parties on the claimant’s behalf. These fees may be billed directly to the claimant. All fees should be discussed with your Social Security Disability attorney.

Part II: Information

Medical Reports

The Social Security Administration (SSA) frequently asks physicians, psychologists and other health professionals to submit reports about an individual’s impairment. It is important for claimants and those submitting the information to know what evidence SSA needs. Medical reports should include:

o medical history

o clinical findings (such as the results of physical or mental status examinations)

o laboratory findings (such as blood pressure, x-rays)

o diagnosis

o treatment prescribed with response and prognosis

o a statement providing an opinion about what the claimant can still do despite his or her impairment(s), based on the medical source’s findings on the above factors. This statement should describe, but is not limited to, the individual’s ability to perform work-related activities, such as sitting, standing, walking, lifting, carrying, handling objects, hearing, speaking, and traveling. In cases involving mental impairments, it should describe the individual’s ability to understand, to carry out and remember instructions, and to respond appropriately to supervision, coworkers, and work pressures in a work setting. For a child, the statement should describe his or her functional limitations in learning, motor functioning, performing self-care activities, communicating, socializing, and completing tasks (and, if a child is a newborn or young infant from birth to age 1, responsiveness to stimuli)

Consultative Examinations

If the evidence provided by the claimant’s own medical sources is inadequate to determine if he or she is disabled, additional medical information may be sought by contacting the treating source for additional information or clarification. Another option is to arrange for a Consultative Examination (CE). The treating source is the preferred source for a CE if he or she is qualified, equipped and willing to perform the examination for the authorized fee. Even if only a supplemental test is required, the treating source is ordinarily the preferred source for this service. However, SSA’s rules provide for using an independent source (other than the treating source) for a CE or diagnostic study if:

• the treating source prefers not to perform the examination
• the treating source does not have the equipment to provide the specific data needed
• there are conflicts or inconsistencies in the file that cannot be resolved by going back to the treating source
• the claimant prefers another source and has good reason for doing so; or prior experience indicates that the treating source may not be a productive source.

Consultative Examination Report Content

A complete CE is one which involves all the elements of a standard examination in the applicable medical specialty. A complete consultative examination report should include the following elements:

• the claimant’s major or chief complaint(s)
• a detailed description, within the area of specialty of the examination, of the history of the major complaint(s)
• a description and disposition of pertinent “positive” and “negative” detailed findings based on the history, examination and laboratory tests related to the major complaint(s), and any other abnormalities or lack thereof reported or found during examination or laboratory testing
• results of laboratory and other tests (e.g., X-rays) performed according to the requirements stated in the Listing of Impairments
• the diagnosis and prognosis for the claimant’s impairment(s)
• a statement about what the claimant can still do despite his or her impairment(s), unless the claim is based on statutory blindness. This statement should describe the opinion of the consultant about the claimant’s ability, despite his or her impairment(s), to do work related activities such as sitting, standing, walking, lifting, carrying, handling objects, hearing, speaking and traveling; and, in cases of mental impairment(s), the opinion of the consultant about the individual’s ability to understand, to carry out and remember instructions and to respond appropriately to supervision, coworkers and work pressures in a work setting. For a child, the statement should describe the child’s functional limitations in learning, motor functioning, performing self-care activities, communicating, socializing and completing tasks (and, if the child is a newborn or young infant from birth to age 1, responsiveness to stimuli)
• the consultant ’s consideration, and some explanation or comment on, the claimant’s major complaint(s) and any other abnormalities found during the history and examination or reported from the laboratory tests. The history, examination, evaluation of laboratory test results and the conclusions will represent the information provided by the consultant who signs the report

Evidence Relating to Symptoms

In developing evidence of the effects of symptoms, such as pain, shortness of breath or fatigue, on a claimant’s ability to function, SSA investigates all avenues presented that relate to the complaints. These include information provided by treating and other sources regarding: the claimant’s daily activities; the location, duration, frequency and intensity of the pain or other symptoms; precipitating and aggravating factors; the type, dosage, effectiveness and side effects of any medication; treatments, other than medications, for the relief of pain or other symptoms; any measures the claimant uses or has used to relieve pain or other symptoms; and other factors concerning the claimant’s functional limitations due to pain or other symptoms.

In assessing the claimant’s pain or other symptoms, full consideration must be given to all of the above-mentioned factors. It is very important that medical sources address these factors in the reports they provide.

Part I: Sources

Medical evidence is the cornerstone for Social Security’s determination of your disability. A qualified Social Security Disability lawyer can explain how the benefits process works and save you time and effort.

Each person who files a disability claim is responsible for providing medical evidence showing that he or she has an impairment and how severe that impairment is. It is always best for your doctor to provide detailed records of your condition, along with an explanation of how it limits your ability to work or perform everyday tasks.

The medical evidence can also come from other “acceptable medical sources” depending on what condition has caused your impairment.

Acceptable Medical Sources

The Social Security Administration (SSA) defines “acceptable medical sources” as medical professionals including:

• licensed physicians (doctors)
• licensed or certified psychologists. Included are school psychologists or other licensed or certified individuals with other titles who perform the same function as a school psychologist in a school setting, for purposes of establishing mental retardation, learning disabilities and borderline intellectual functioning only.
• licensed optometrists, for purposes of establishing visual disorders only (except, in the U.S. Virgin Islands, licensed optometrists, for the measurement of visual acuity and visual fields only)
• licensed podiatrists, for purposes of establishing impairments of the foot, or foot and ankle, depending on whether the state in which the podiatrist practices permits the practice of podiatry on the foot only, or the foot and ankle
• qualified speech-language pathologists, for purposes of establishing speech or language impairments only. For this source, “qualified” means that the speech-language pathologist must be licensed by the state professional licensing agency, or be fully certified by the state education agency in the state in which he or she practices, or hold a Certificate of Clinical Competence from the American Speech-Language-Hearing Association.

Evidence from Treating Sources

SSA regulations place special emphasis on evidence from treating sources because they are likely to be the medical professionals most able to provide a detailed assessment of the claimant’s impairment and may bring a unique perspective to the medical evidence. Timely and accurate reports from treating sources are essential for accelerating the claims process.

Medical Evidence From Health Facilities

Social Security will also request copies of medical evidence from hospitals, clinics or other health facilities where you have been treated. All medical reports received are considered during the disability determination process.

Other Evidence

Information from other sources may also help show the extent to which a person’s impairment affects his or her ability to function in a work setting; or in the case of a child, the ability to function compared to that of children the same age who do not have impairments. Other sources can include: public and private agencies; non‑medical sources such as schools, parents and caregivers, social workers and employers; and other practitioners such as naturopaths, chiropractors and audiologists.

US Representative Kathy Castor, a Tampa Democrat, has introduced legislation in Congress which she hopes will help thousands of families who are waiting for Social Security Disability benefits, but are currently trapped in a multi-year backlog as the Social Security Administration processes their Social Security Disability claim. Castor’s bill would require the Social Security Administration to schedule a Social Security Disability hearing within 75 days and require an administrative law judge ruling within 15 days of the hearing date.

Each year thousands of applicants must wait up to a year and a half before they receive their Social Security Disability benefits. Currently, the average waiting time is 510 days for individuals seeking a hearing. In certain areas of the United States, the waiting period can be even longer.

Over the past decade Social Security Disability cases have doubled, and there are currently 750,000 Social Security Disability Cases that are awaiting a hearing. These delays have occurred due to staff cutbacks, private insurers requiring claimants to file for Social Security Disability prior to receiving an insurance settlement, and a general increase in Social Security disability applications. This excessive delay can spell economic disaster for many families. Some individuals find they are unable to pay their bills. Others face foreclosure on their homes, or are forced to consider filing bankruptcy.

The Social Security Administration announced they will begin hiring up to 175 new administrative law judges and open an additional processing center in Virginia to increase their ability to process Social Security Disability claims. In addition, the Social Security Administration is improving their disability determination process through a nationwide Quick Disability Determination system. The Social Security Administration hopes these efforts will allow them to process claims more efficiently.

Hopefully, this new legislation and the increased efforts of the Social Security Administration will begin to eliminate the backlog of Social Security Disability cases and help individuals who are currently caught in the Social Security Disability waiting game.

Suffering from an illness or any other disorder can be difficult, stressful, and disruptive to your life. You may be unable to work, or perform daily tasks - such as paying bills, shopping, or maintaining your home.

The Social Security Administration maintains a list of impairments which it uses to determine disabilities. To receive Social Security disability benefits your condition must be on their list or as severe as a listed condition. Your disability must last at least 12 months, and you have worked and contributed enough in employment taxes to qualify. Unfortunately, many don’t understand what information you need to support your claim.

The Social Security Administration needs the following documentation or evidence to determine a disability:

Medical Evidence - physical descriptions or symptoms of the illness or condition including abnormalities of behavior, memory loss, or disorientation.

The severity of your condition - the extent the condition affects your daily living, social functioning, concentration, and persistence.  Evidence of declining health may manifest in the inability to groom oneself, complete tasks, live independently, or maintain a job. Mental health decline can also increase social isolation, altercations, hostilities and job firings. Any episodes of hospitalizations or treatment programs will also evidence a severe medical condition.

Documentation - outlines the duration and limitations of your disorder and includes examinations, records of hospitalizations, the results of tests, and individual statements.

Understanding the Social Security Administration’s medical determination process is the first step to receiving Social Security disability benefits. If you have been denied Social Security Disability benefits a Social Security Disability attorney can help. A Social Security Disability lawyer is an expert at gathering medical evidence and determining the documentation you will need to get the Social Security Disability benefits you deserve. You can have your case evaluated for free by most disability attorneys.

Why is the Social Security Administration overwhelmed by questionable claims? Recent lawsuits against insurance companies claim they are partly to blame.

Each year insurance companies require an estimated 2.5 million applicants to apply for Social Security Disability benefits before paying insurance claims. This practice increases insurance company’s profits by decreasing claim reserves or refusing to pay a claim altogether. Many policies also allow benefit payments to be reduced if the claimant receives disability benefits from another source including Social Security Disability benefits or worker’s compensation.

The Arguments

The insurance agencies argue that advising a claimant to apply for Social Security Disability benefits is standard procedure, and their goal is to make sure that claimants receive the benefits in which they are entitled. Plaintiffs said insurers are abusing the system by routing individuals who clearly will not qualify for Social Security Disability benefits through the application process. They argue the Social Security Administration has more stringent disability requirements than many insurance companies which include requiring a disability to last at least 12 months and the applicant be unable to work.

Unfortunately, this has increased the claim process time for individuals whose claims are valid. The wait time to see an Administrative Law Judge has doubled since 2000. The issues will only increase as the population ages and more individuals are unable to work.

What can you do?

Social Security Disability lawyers have specialized knowledge of how the benefits process works and can save you time and effort. Don’t let the insurance companies pressure you. Your disability is stressful enough without having the added burden of filing your claim alone. Get Social Security Disability help today.

The Council for Disability Awareness (CDA) is a non-profit organization which tracks the trends of disabilities. The CDA reviewed information from 2007 long-term disability claims and the Social Security Disability Insurance 2007 Statistical Supplement to develop a comprehensive overview of current long-term disability trends.

The CDA determined that in the last 10 years, the number of workers who have long-term disabilities grew four times faster than the United State’s workforce. The CDA also determined that women are at the greatest risk of suffering a long-term disability with a growth rate 2 times the rate of working men.

In 2007, the Social Security Administration also had their lowest approval rates for Social Security Disability claims, approving only 37.6% of Social Security Disability Insurance claims. Social Security Disability Insurance applications continued to rise to approximately 2.2 million. Cancer is currently the second leading cause of new claims behind accident and injury claims, which are the fastest growing type of Social Security Disability Insurance Claims.

According to the CDA 2007 survey, 152 million workers were covered for disability insurance under the SSDI program in 2007; this is a 13% increase over the 134 million workers covered a decade ago. Given the increase in disability claims and the decrease in Social Security Disability Insurance benefits awarded, Americans need to prepare for long-term disability. Social Security Disability lawyers have specialized knowledge of how the benefits process works and can save you time and effort. Your disability is stressful enough without having the added burden of filing your claim alone. Get Social Security Disability help today.