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Archive for June, 2008

Proving your disability

Tuesday, June 24th, 2008

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.

Widow, Widower and Surviving Spouse disability benefits

Monday, June 23rd, 2008

Disability claims can be filed with the understanding that benefits will be based on the work history of a deceased spouse or former spouse. Disability claims for a widow, widower or surviving divorced spouse require that the deceased spouse or former spouse was fully insured at the time of their death. In order to be eligible, you must have been married for at least nine months if you are widowed or 10 years in case of divorce.

You must be at least 50 years old and your disability must have begun within 7 years of the death of your spouse or former spouse. If your disabilities start within seven years of the time you were entitled to mother’s or father’s benefits, you are also still eligile for disability benefits as a widow, widower or divorced spouse.

The end of the seven years is referred to as the end of the “prescribed period” and functions similar to the way “date last insured” operates in regular social security disability cases.

Sometimes in widow or widower’s cases, the Social Security Administration evaluates disability as of a “controlling date.” The “controlling date” is the latest date by which a widow or widower may become disabled and still be entitled to benefits for the earliest possible month.

Proof of disability in these casesis based on a much more stringent definition of disability. You must prove that you are incapable of any gainful activity.

Why the Social Security Backlog?

Monday, June 2nd, 2008

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.