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Posts Tagged ‘Social Security Disability Benefits’

Can A Social Security Disability Attorney help speed up my Social Security Disability Hearing or Social Security Disability Decision?

Wednesday, April 8th, 2009

There are only a few scenarios in which a Social Security Disability Attorney can help speed up a Social Security Disability Hearing. It is important to understand that the main goal of hiring a Social Security Disability Attorney is to increase your chances or winning your Social Security Disability claim, not expediting the Social Security Disability process. That said, listed below are several ways a Social Security Disability Attorney may be able to help expedite your Social Security Disability Claim: 

  • Ensure all updated medical information is gathered in a timely fashion and sent to the Social Security Administration prior to all appeals.
  • In certain limited cases a Social Security Disability hearings may be scheduled more quickly if the claimant can prove they are in dire need. The Social Security Disability Attorney can work with the claimant to submit the necessary paperwork: dire need letter, past due notices for rent, utility bills, eviction notices and medical prescriptions. There must be serious financial need to warrant an expedited Social Security Disability hearing.
  • If you have had a Social Security Disability Hearing scheduled you may be able to expedite the decision by requesting an on-the-record-review (OTR). This OTR request will ask that the Social Security Disability claim be reviewed before the Administrative hearing is held. The main benefit of the on-the-record-review is that you may get approved more quickly with out waiting for the decision of the Administrative Law Judge at the Social Security Disability hearing. OTR Reviews are only approved if your physical or mental health condition has gotten substantially worse and your medical information is up to date and can substantiate your worsening health claim.
  • The last way to speed up the Social Security Disability hearing is to have a United States Congressman or United States Senator launch a congressional inquiry. A Social Security Disability hearing may be expedited for a claimant if a staff member requests it either by calling or writing. This is difficult to do, but has had limited success.

In most instances a Social Security Disability Attorney will not be able to move your Social Security Disability claim through the Social Security Administrative process faster than you can with out Social Security Disability legal representation. What the Social Security Disability Attorney can do is increase your chances of winning Social Security Disability benefits at all levels of the Social Security Disability process.

Most Social Security Disability Insurance and Supplemental Security Income claims are denied at the initial application level and the reconsideration level. If your Social Security Disability claim is appealed to the Administrative Law Judge level and you are scheduled for a Social Security Disability hearing, representation by a Social Security Disability lawyer can greatly increase your chances of success.

A Social Security Disability Attorney has the experience to gather, read and evaluate your medical documentation and prepare the information for the Administrative Law Judge in the format he requires.  The Social Security Disability Attorney can evaluate your mental and physical health impairments and help the Administrative Law Judge evaluate how it compares to the Social Security Impairment Listing and determine the amount of your residual work capacity.

The most important thing a Social Security Disability Attorney offers is the expertise to navigate the Social Security Disability hearings, decipher and answer all the Administrative Law Judge questions and answer questions regarding your work capacity. If there are vocational or medical experts who are providing expert testimony for the Administrative Law Judge, your Social Security Disability Attorney can respond to the experts and provide additional information which the Administrative Law Judge can use to make his decision.

Does Social Security Provide Temporary Disability Benefits?

Wednesday, February 18th, 2009

Sometimes a minor injury or illness can leave a person unable to work. Most times, a temporary disability can leave you with no income to cover your expenses. Persons with no paid sick leave at their jobs and no private short-term or long-term disability insurance may be left holding the bag when it comes to covering their everyday living expenses.

Disability benefits from the Social Security Administration will not cover short term disabilities. To qualify for Social Security disability benefits or Supplemental Security Income (SSI), a person must have a condition that results in permanent or long-term issues that make it impossible for them to work.

In most cases it is left up to the employee to obtain coverage for a temporary disability. However, temporary disability benefits are available in five states, the territory of Puerto Rico and for railroad industry workers nationwide. Rhode Island, California, New York, New Jersey and Hawaii are the only states in the country to offer a temporary disability benefit.

The administration of the benefits varies by state, but most of the programs are run through the states unemployment offices. The railroad workers plan is managed by the federal government. The benefits provide coverage for persons with a minimum amount of work history who are temporarily unable to work as a result of an illness or injury that was not the result of a job-related cause that would qualify them for workers’ compensation.

Benefits are based on the claimant’s past earnings history. The longest a person can collect the temporary disability payments varies from 26 to 52 weeks.

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.