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Archive for January, 2009

What Does a Social Security Disability Attorney Do?

Thursday, January 29th, 2009

If you are considering applying for Social Security Disability Insurance or Supplemental Security Income benefits the expertise of a Social Security Disability Attorney can help. A Social Security Disability Attorney can increase your chances of receiving Social Security Disability benefits at each stage of the Social Security Disability application and appeals process. The Social Security Disability Attorney will not complete the Social Security Disability application process but if you have retained a Social Security Disability Attorney this may increase your chances of receiving Social Security Disability benefits even at the application level. If you are denied Social Security Disability Benefits a Social Security Disability Attorney will complete the following tasks for you:

• The Social Security Attorney will review all of your medical information and your initial Social Security Disability application to make sure it included all relevant information.
• The Social Security Attorney will complete the first step of the Social Security Disability appeal’s process. In most states this is the Reconsideration phase. The Reconsideration paperwork must be submitted to the Social Security Administration with in sixty days of the Social Security Disability denial letter. There are ten states which do not have the Reconsideration phase and the first step in the Social Security Disability appeals process will be a Judicial hearing with an Administrative Law Judge.
• The Social Security Disability Attorney will present your Social Security Disability Case before the Administrative Law Judge. This will include gathering all of your medical information and developing a persuasive case, meeting with you prior to the Judicial hearing and arguing your Social Security Disability case before the Administrative Law Judge.
• The Social Security Disability Attorney can help appeal your Social Security Disability case to the Advisory Council if the Administrative Judge does not approve your Social Security Disability claim.

If you have applied and been denied Social Security Disability benefits you can get help. Unfortunately, most Social Security Disability applications are denied at the initial phases of the Social Security Disability process. Do not get discouraged even if you have been denied at the initial level and the reconsideration level, with a competent Social Security Disability Attorney arguing your Social Security Disability case at the Judicial Hearing level you have a strong chance that your Social Security Disability benefits will be approved. Call today or fill out the FREE evaluation form to discuss your Social Security Disability case with a qualified Social Security Disability Attorney.

Can I get Supplemental Security Income Benefits if I live outside the United States?

Monday, January 26th, 2009

No, unlike the Social Security Disability Insurance program, if you are receiving Supplemental Security Income payments you must live in the United States or Northern Mariana Islands. It is important to talk to the Social Security Administration if you have to leave the United States for an extended period of time. If you leave the United States for a full thirty day period you may have your Supplemental Security Income Benefits suspended.

Other reasons your Supplemental Security Income Benefits could be suspended or denied include:

• If you are a fugitive felon
• If you are sent to prison
• If you intentionally lower their resources or income to qualify for Supplemental Security Income benefits.
• Non-United States Citizens (Certain exceptions may apply-contact the SSA for more information)
• If you leave the United States for a full 30 consecutive days may have their benefits suspended.

Definition for Supplemental Security Income Benefits:

Supplemental Security Income benefits or the SSI program is a disability program which will provide individuals with monthly supplemental income payments. This Supplemental Security Income benefit program is different than the Social Security Disability Insurance program because an individual does not have to have worked and accumulated “work credits”. To qualify for Supplemental Security Income (SSI) an individual must have limited income and resources. The income and resource amount allowed is determined by the federal government. You also must be: age sixty-five or older, or partially or totally blind or have a medical condition that will not allow you to work for at least twelve months or result in death. The method used to determine an individual’s disability is similar for both the Supplemental Security Income and Social Security Disability Insurance programs.

If you qualify for Supplemental Security Income benefits the base supplemental payment amount in 2009 per individual is $674 and the standard supplemental payment amount is $1,011 per couple. Certain states may add additional supplemental payments onto the basic federal standard amount. Certain other payments as well as your living arrangements could also affect the Supplemental Security Income payments you may be eligible to receive.

Do I have a good Social Security Disability Case?

Tuesday, January 20th, 2009

One of the most common questions that an applicant applying for Social Security Disability benefits will ask is: Do I have a good Social Security Disability Case?

The Social Security Administration has very specific requirements that an individual must meet to be determined disabled, so this is not always an easy question to answer. The Social Security Administration will first determine if you are working and making less than a pre-determined allowable amount. This amount can vary each year. If you do not meet the first criteria, they will not examine your medical conditions, and you will automatically be denied Social Security Disability benefits.

Next they will review the severity of your conditions and whether you will have the physical or mental limitations for at least twelve months or the conditions will result in death. Finally they will review your ability to perform work. The Social Security Administration will review your ability to perform your current job as well as other jobs which you could be trained to do.

Many people can not perform their current job due to health conditions, but to obtain Social Security Disability benefits you must prove you are unable to re-train to perform any other type of work. The Social Security Administration will review a variety of factors to determine if you could do other jobs including your education, age, past work experience and other job skills.

If your Social Security Disability claim is at the judicial hearing level one of the main tasks for your Social Security Disability Attorney is to provide evidence that you are incapable of performing any other job due to your mental or physical health conditions. Many hearings will have a job expert that will provide job recommendations that they think you may be able to do. Your Social Security Disability Attorney can provide expert information on the limitations you might have in performing these jobs. Limitations such as your inability to walk, stand or sit may be obvious, but other limitations such as the side effects of your medications or frequent medical appointments may not be.

It is important to consult with a Social Security Disability Attorney who can review your Social Security Disability claim and help outline your disability and how it will keep you from working any type of job or performing any type of substantial gainful activity.

Why Does it take so long to receive Social Security Disability Benefits?

Monday, January 19th, 2009

Each year thousands of Social Security Disability applicants are forced to wait months and sometimes even years to receive Social Security Disability benefits. There are several reasons why it takes so long for the Social Security Administration to process Social Security disability claims, but in general a Social Security Disability application can take up to 100 days at the initial examination level to process.

If you are denied Social Security Disability benefits at the application level and enter into the reconsideration phase (the first level of the Social Security Disability appeals process in most states) it can take an additional 30-60 days.

If you are denied at the reconsideration level and you must attend a Social Security Disability hearing you may have to wait one to two years in certain parts of the country for your Social Security Disability hearing to be scheduled.

Here are some of the reasons it takes so long to get your disability benefits from the Social Security Administration:

1. The Social Security Administration must seriously consider each Social Security Disability application and they must be fair to each claimant. This means that Social Security Disability examiners within the Social Security Administration must gather and process medical records for listed medical conditions. They must also examine and review Social Security Disability applications from claimants that may in fact have a dubious Social Security Disability claim. Examining each Social Security Disability application is a good idea, but unfortunately other more severe Social Security Disability cases will take longer to process.

2. The Social Security Administration is understaffed and the case load for each examiner and Administrative Judge is very high. In the last few years various legislative actions have been taken to improve the employment staffing situation within the Social Security Administration.

3. The Social Security Disability application process has very specific steps which must be completed to get Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits. The first step is filing your Social Security Disability application. Your application will be sent to a medical examiner who gathers the medical records and reviews them. If your medical information is insufficient, additional medical exams may be required to make an accurate medical determination. Other individuals may also have to provide information on your daily activities. The disability examiner will than either consult with other medical personnel with in the disability agency to make a disability medical determination or in some cases make the decision themselves.

4. The Social Security Disability appeals process can be very long and the wait time to receive an administrative court hearing date in some parts of the process can take from 1 to 2 years. Many Social Security Disability claimants ask if their Social Security Disability claims can be expedited. There are very few emergency situations that will allow for an expedited administrative hearing.

It is important to discuss any emergency situations with your Social Security Disability attorney. They may be able to file a ‘dire need letter’ to the hearing office where your Social Security Disability claim is going to be scheduled.

Many claimants ask when they can expect to receive their benefits and unfortunately, there is not a clear answer for each Social Security Disability applicant. Some individuals who file for SSI or SSDI have very severe physical or mental conditions that will be approved at the initial Social Security Disability application level and they may receive their benefits quickly. Other Social Security Disability applicants will have to go through many phases of the Social Security Application appeals process and they may have to wait months or sometimes even years to receive their benefits.

The good news is that many Social Security Disability claims that are denied at the application and reconsideration appeals level do end up approved after a Administrative Judge reviews them at the Social Security Disability hearing. If your Social Security Disability claim is at the judicial hearing level, it may be a good idea to consult a Social Security Disability attorney who can review your claim and help prepare your case prior to the hearing.

If you have been denied Social Security Disability benefits or have questions about a Social Security Disability claim, contact a Social Security Disability lawyer who can answer your questions and review your Social Security Disability claim.

Applying For Disability Benefits Online May Be Easier

Wednesday, January 7th, 2009

Launching a public awareness campaign with actress Patty Duke, the Social Security Administration said that it has simplified its online applications to streamline the process for seniors and disabled persons. The agency says that its new online applications for retirement and disability benefits can be completed in 15 minutes or less.

Social Security officials said that  it currently averages about 45 minuted for an employee in a field office to complete an application for a person who comes into the office.

While the agency has had online versions of its application since 2000, in the past applicants would still have to print the application and deliver a signed copy along with copies of their birth certificate or W-2 forms. Social Security Commissioner Michael J. Astrue says that in many cases the process should be paperless now, at least for retirement benefits.

Persons applying for disability benefits will still have to provide medical records that verify their disability.

The automation comes as the Social Security Administration estimates that baby boomers will become eligible for retirement at a rate of 10,000 per day over the next 20 years.

Critics, such as the American Association of Retired Persons Legislative Policy Director David Certner, say that the new system should not “substitute for the ability to deal with a real person.”

More complicated applications and persons with questions about the application will still need to speak to someone at a Social Security office, or to an experienced Social Security attorney.