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Posts Tagged ‘Social Security Disability’

Can my Social Security Disability Benefits be garnished to pay child support payments?

Tuesday, May 19th, 2009

To answer this question, you must determine what type of Social Security Disability benefits you are currently receiving. The Social Security Administration offers two types of disability benefits: Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Supplemental Security Income or SSI is a social security disability benefit given to certain qualifying individuals including: the aged, blind and disabled who meet certain income and resource levels. Income and resource levels change each year and can be found on the Social Security Administration’s website. Supplemental Security Income is given to these individuals for clothing, housing and food expenses.

The federal government funds Supplemental Security Income through general tax revenues not the Social Security Trust Fund. The federal government treats Supplemental Security Income as a public welfare benefit similar to food stamps and does not consider Supplemental Security Income or SSI to be income for the purposes of child support payments. Therefore, the federal government does not allow Supplemental Security Income benefits to be garnished.

In contrast, Social Security Disability Insurance or SSDI was money paid into the Social Security Trust Fund through employment taxes based on a percentage of the employee’s earnings. The goal of the Social Security Trust Fund is to allow for the replacement of income for certain employees who become disabled and are unable to work.

According to the federal government, the Social Security Disability Income or SSDI benefit is considered a substitute for lost wages and is eligible to be garnished for child support payments. One benefit of Social Security Disability Insurance, however, is children of qualifying disabled workers who receive Social Security Disability Insurance payments may be eligible to receive Social Security Disability Insurance or SSDI benefits until a certain age (18 under most circumstances) and these SSDI payments may be subtracted from the child support amount owed.

If you have questions regarding your Social Security Disability benefit or the garnishment of you Social Security Disability benefits to pay for child support, it is important to contact a Social Security Disability Attorney who can answer all of your questions. Social Security Disability Attorneys can also answer questions about applying for Social Security Disability Benefits or help you recover any Social Security Disability Insurance or Supplemental Security Income benefits you may have lost.

Tags: child support garnishment, social security administration, Social Security Disability, SSDI, SSI
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Filing For Social Security Disability Benefits

Monday, May 18th, 2009

Becoming disabled is something most people do not want to think about, but by having a plan, you can ensure that you receive all the benefits that are available to you.

Far from a tragic rarity, disability is actually a wide-spread occurrence, with new research from the Centers for Disease Control and Prevention suggesting that as many as 1 in 5 Americans report having a disability.

Disability is defined by the Social Security Administration as an inability to work as a result of a medical condition expected to last more than a year or that may result in death. Workers seeking Social Security disability benefits must meet two criteria related to earnings.

The first is the “recent work” test, which measures the amount of working time you must have accumulated during the period immediately prior to becoming disabled. The length of this period of time is determined based on your age.

The second qualification for disability benefits is the “duration of work” test. This test measures the cumulative amount of time you must have work prior to becoming disabled, and is also based on your age.

If you meet both of these qualifications, you should seek disability benefits from the Social Security Administration. You should begin this process as soon as possible after becoming disabled. The application process involves multiple steps and can take some time to complete and begin receiving payments. In general, it can take between three and five months to complete the application review.

Your first stop in applying for Social Security disability benefits should be www.socialsecurity.gov/disability. At this site you will find claim forms and contact information to assist you in the application process.

The first form you should complete is the Disability Report. You can submit this form online or you can mail it to your local Social Security office.

Additionally, you should provide identification documents and information related to your medical condition. These documents are listed in detail on the Social Security Administration Web site. You may not be able to provide all of this information at once, but it is best to provide as much information as you have up front.

Once your application is received, the Social Security Administration will assist you in locating any remaining documentation they need. When you have submitted all the necessary paperwork, your case is reviewed by the Social Security Administration. They will confirm that you meet the basic requirements for disability. As soon as this is determined, they will pass your request to the Disability Determination Services office for your state. This state agency will make the final determination of your eligibility for disability benefits based on your medical condition and its impact on your ability to perform work-related activities.

If your claim is approved, you will receive your first payment for the sixth month following the beginning of your disability. Disability payments are made in arrears, that is the payment is made in the month following the month it covers. The amount of the disability payment will be based on your estimated lifetime earnings and will be determined by the Social Security Administration.

Tags: Filing for Social Security Disabiltiy Benefits, Social Security Disability
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What Should I Expect At My Social Security Disability Hearing?

Monday, April 13th, 2009

Many Social Security Disability applicants will wait up to a year or longer for their chance to present their Social Security Disability claim to an Administrative Law Judge. All Social Security Disability denials up to this point were done by a state medical examiner who did not have the opportunity to speak with you, discuss your Social Security Disability claim with a vocational expert or hear evidence presented by your Social Security Disability lawyer.

The Social Security Disability hearing will give you an opportunity to present your Social Security Disability case in a face to face meeting with an Administrative Law Judge who is free to review all of your medical information with out prejudice or regard to other decisions made by a state medical examiner.

Most Social Security Disability hearings will be held in a small room in a court house near your residence. The Social Security Disability hearings are not open to the public, and there will not be a contentious argument between a prosecutor and defensive attorney, in fact, the state does not even have an attorney present. In most Social Security Disability Hearings there will be a calm, open discussion between all the participants. The participants will include the Administrative Law Judge, your Social Security Disability lawyer, a vocational expert and a judicial assistant who will record the hearing.

Other medical expert witnesses (psychiatrists, internists, cardiologists, orthopedists) may be requested by the Administrative Law Judge. Their purpose is to help the Administrative Law Judge understand medical aspects of your Social Security Disability case. Medical experts may be requested for Social Security Disability cases where the Social Security Disability claimant has multiple physical and mental impairments or if their medical documentation is difficult to understand or contains contradicting information.

The vocational expert is present to identify and classify the type of work you have done in the past (skilled, unskilled and semi-skilled) and if your mental or physical health condition is too severe to allow for employment in your past profession. If the vocational expert determines you cannot perform your current job, he may be able to identify additional jobs you could be retrained to perform- given your skill sets, educational level, age and job experience. The vocational experts commonly refer to the Directory of Occupational Titles to identify the requirements a person must have to engage in any job available with in the United States. If you have hired a Social Security Disability attorney, they will be able to cross examine the medical examiner and/or the vocational expert in an effort to discredit or clarify their testimony.

Many Social Security Disability claimants find the Social Security Disability hearing stressful and will become very emotional or nervous. This is normal, but if you have a good Social Security Disability attorney they will be able to prepare you for what to expect. In most hearings, the Administrative Law Judge will ask very basic background questions: address, birth date, school background and your name. They will also ask questions about your past work experience and job responsibilities: physical and mental job requirements including your ability to stand, sit, push, pull and lift. The Administrative Law Judge will also ask specific information concerning your mental and physical health condition and any limitations you now face in daily house hold activities. The judge will use this information to determine if you are able to perform your past job or any other type of job. The most important thing to remember while testifying is to be specific, tell the truth, be descriptive and have a positive attitude.

Each Administrative Law Judge has his or her own personal style regarding testimony and questioning. Certain Administrative Law Judges will ask all of the questions themselves, while others will expect your Social Security Disability attorney to ask you all relevant questions regarding your background, medical information and job responsibilities. At the end of all of your testimony the expert witnesses (Vocational and Medical) may present their evidence and your Social Security Disability lawyer will have the chance to contradict or clarify their expert testimony.

At the end of the Social Security Disability hearing the Administrative Law Judge will hear final comments. You and your Social Security Disability attorney may be asked for closing comments. Most Social Security benefit decisions will be made by written notice four to six weeks after the administrative hearing. In a few instances, the Administrative Law Judge may present the decision at the close of the hearing, but this will be the exception.

Tags: Administrative Law Judge, Social Security Disability, social security disability attorney, Social Security Disability Lawyer, Social Security Disabiltiy Hearing
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Asthma And Disability

Monday, March 30th, 2009

Are you one of the millions and millions of people in the United States who suffers with asthma? Does your spouse or your child with disability have asthma?

Is asthma so severe that it is causing a disability for you, your spouse, or your child with disability? Is asthma the reason you or your spouse is unable to work?

If this describes your situation, you may need help. You may need financial help.

If you are a single parent and your child with disability has asthma, your need for financial help is probably even greater.

You may be in the process of looking for help. You may be looking into the various options that you have open to you.

One option you may or may not have thought about is applying for a Social Security disability benefit or disability benefit from the Social Security Administration for you, your spouse, or your child with disability because of the disability caused by asthma.

You may have already filed for a Social Security disability benefit or disability benefit for you, your spouse, or your child with disability because of the disability caused by asthma and been turned down.

What do you do now? What can you do now?

You may or may not have thought about reapplying or appealing the denial by the Social Security Administration. If you decide to appeal or reapply with the social security administration for a Social Security disability benefit or disability benefit for you, your spouse, or your child with disability because of the disability caused by asthma, there is something crucial you should know. You will need the help and direction of an experienced disability lawyer to guide and assist you through this process.

You are where you need to be. This is the Website where you need to be. The expert disability lawyer who will work with you through SocialSecurityHome.com can guide and aid you in appealing or reapplying for a Social Security disability benefit or disability benefit because of asthma for you, your spouse, or your child with disability.

It may be helpful to you to know some basic things about asthma. It will help you to be better equipped and prepared.

Asthma is a chronic condition, which means it is recurrent or long lasting. Asthma involves the respiratory system in a way in which the airway occasionally constricts, becomes inflamed, and is lined with excessive amounts of mucus. This often happens as the result of one or more triggers. These attacks may be triggered by such things as exposure to an environmental stimulant (or allergen) such as moist air, cold air, warm air, exertion or exercise, or emotional stress. In children, the most common triggers are viral illnesses like those that cause the common cold.

Asthma is increasing rapidly in developed countries like the United States. It is now estimated that asthma affects up to one in four children in urban areas. It is estimated that 17,000,000 people are affected by asthma in the United States, alone.

There are several different types of asthma. These include allergic asthma, cough-variant asthma, exercise-induced asthma, nocturnal asthma, occupational asthma, and adult-onset asthma.

The signs and symptoms of asthma can be anywhere from mild to severe. Before an asthma attack there are usually some warning signs. Here are some symptoms to watch out for:

Chest pain or tightness
Increased wheezing or shortness of breath
Inability to sleep because of wheezing, shortness of breath, or coughing.

Asthma may be caused by a combination of genetic and environmental factors. If asthma runs in your family you are more likely to get this condition. If you are sensitive to environmental irritants or allergens you are more likely to develop asthma. Some of the environmental allergens and irritants that can trigger asthma are:

Smoke
Cockroaches and dust mites
Pollen, animal dander, or mold]
Air pollutants and irritants
Strong odors, scented products, or chemicals
Respiratory infections like the common cold
Cold air
Stress and strong emotions
Exercise or physical exertion.

Diagnosing asthma can be hard because the signs and symptoms are similar to other conditions like emphysema, vocal cord problems, or congestive heart failure in its early stages. In order to rule out these other conditions there are several tests the doctor may perform. In addition the doctor will probably ask for your complete medical history, and want you to have a physical exam.

In addition to their being different types of asthma, there are also different ways that asthma is classified:

Ø Mild intermittent. This is the mildest form of asthma. Usually, the symptoms are mild for up to two days a week and up to two nights a month.

Ø Mild persistent. This is asthma where the symptoms are mild more than two times a week, but no more than once a day.

Ø Moderate persistent. This involves symptoms once a day and more than one night a week.

Ø Severe persistent. This is the most severe class of asthma. This involves symptoms that go on thru the day on most days and often at night.

One of the most effective ways of treating your asthma is to identify what triggers an attack, and avoid or eliminate your exposure to them. Several types of medications are used in treating asthma. Most of the time it involves a combination of quick relief and long-term control medications. There are also some alternative treatments people have tried, but the results are inconclusive as to how beneficial they really are.

Tags: Asthma, disability lawyer, Social Security Disability, social security disability attorney
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Explanation Of The Social Security Disability Application Process

Wednesday, March 25th, 2009

Below is a brief explanation of the process that your Social Security disability claim will follow. This may not be exactly the way your case is reviewed, because all cases are different and certain circumstances are and are not present in every case. But in general here is how a Social Security disability case will proceed.

- Claimant files their case with the Social Security Administration;
- The local Social Security Administration field office will decide if a claimant meets the legal eligibility requirements for SSDI or SSI;
- If the local SSA field office determines the claimant meets the eligibility requirements, the case is transferred to the Disability Determination Services office, where a medical examiner will review the case;
- The medical examiner will determine the severity of the disability or whether it meets the SSA listing. If the medical examiner determines in favor of the claimant then the claim for disability will be approved. If the claimant is a child (disability for children is paid through Supplemental Security Income, SSI) or does not meet the listing the claim is denied;
- If the disability does not meet the listing then the examiner will rate the claimant’s residual functional capacity to work;
- If the claimant can do prior or other work, the claim is denied. If the claimant cannot do other work the claim is approved;
- The claimant can request a reconsideration if denied at this point to have the case reviewed by a different medical examiner;
- If again denied, the claimant may appeal before an administrative law judge (ALJ) who will determine if the claimant is disabled;
- If again denied, the claimant can appeal the ALJ ruling to the SSA Appeals Council;
- If again denied, the claimant can appeal to federal district court.

It is not uncommon for a case to go completely through the appeals process. Individuals who try to tackle the Social Security Administration alone often find their cases denied. Individuals who have attorneys representing them through the process succeed much more often and quicker. The statistics speak for themselves. Claimants with an attorney win more often and do little to no work in recovering benefits than claimants filing their cases without an attorney.

Tags: social security administration, Social Security Disability, Social Security Disability Process
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Post-Traumatic Stress Disorder and Disability

Saturday, March 14th, 2009

Post-traumatic stress disorder (PTSD) is a type of anxiety disorder that is triggered by an extremely traumatic event. You can develop PTSD when a traumatic event happens to you. It can also happen when you see a traumatic event happen to someone else.

A lot of people who witness traumatic events or are involved in traumatic events have a brief period of difficulty in coping and adjusting. Healthy coping methods and time usually help these traumatic reactions to get better on their own. In some cases, however, your signs and symptoms can get worse or last for months or years. Sometimes these traumatic events may even completely disrupt your life. In these cases, you may have post-traumatic stress disorder.

PTSD can affect survivors of such traumatic events as torture, war, an airplane crash, a natural disaster or a physical or sexual assault. Post-traumatic stress disorder can also affect rescue workers at the site of mass casualties or other tragedies. These kinds of events may cause intense helplessness, fear or horror.

The disorder has been called by other names, including shell shock, combat fatigue, battle fatigue, combat stress, traumatic war neurosis or post-traumatic stress syndrome. In the American Civil War it was called “soldier’s heart.”

Approximately 7 to 8% of people in the United States will likely develop post-traumatic stress disorder in their lifetime. The lifetime occurrence (prevalence) in combat veterans and rape victims ranges from 10 to as high as 30%. In any given year about 5 million American adults have this syndrome.

Your or a loved one may be one of the millions suffering from post-traumatic stress disorder. It may have become so severe that you or your loved one is unable to work. PTSD may be the reason for you or your loved one’s disability.

If this is true, you are probably in need of financial help. You may have applied for that help from the Social Security Administration in the form of Social Security disability benefits or disability benefits.

If you or your loved one was denied, what will you do now? If you have decided to reapply or appeal the denial by the Social Security Administration, here is something to think about. People with a trustworthy disability lawyer are approved more often than those who do not have an attorney.

SocialSecurityHome.com is the right place to find a capable disability lawyer. A wise disability lawyer at SocialSecurityHome.com will help and guide you or your loved one in reapplying or appealing the denial by the Social Security Administration. Our dedicated advocates will help you fight for the disability benefits that you or your loved one suffering from post-traumatic stress disorder deserve.

How much do you know about post-traumatic stress disorder? The more you know, the better prepared you will be to deal with this disorder. Here is some more information that may be useful and helpful to you. (more…)

Tags: Post-Traumatic Stress Disorder, PTSD, Social Security Disability, SSDI
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Addison’s Disease and Disability

Saturday, March 7th, 2009

Addison’s disease is also called adrenal insufficiency, adrenocortical hypofunction, and hypocortisolism. Addison’s disease is a disease that affects your adrenal glands. Your adrenal glands are located right above your kidneys. The outside layer of these glands make hormones that help your body regulate your salt and water balance and your blood pressure. These hormones also help your body respond to stress. Addison’s disease occurs when your adrenal glands do not make enough of these hormones.

If you, your spouse, or your child with disability has been diagnosed with Addison’s disease, you may be in need of financial help. This may be especially true if Addison’s disease has become so serious a problem that it is the reason for the disability of you, your spouse, or your child with disability.

In fact, you may have applied for a social security disability benefit or disability benefit from the social security administration because of the disability caused by Addison’s disease.

If you were denied, and are planning on reapplying or appealing the denial by the social security administration, you will need the help and skill of an experienced disability lawyer who will work with you through this involved procedure.

This is a Web site where you can find a capable disability lawyer. The expert disability lawyer who will work with you or your spouse through SocialSecurityHome.com can assist you in reapplying or appealing the denial for a social security disability benefit or disability benefit for you, your spouse, or your child with disability because of the disability caused by Addison’s disease.

It will be good for you to know what you can about Addison’s disease. The more you know about the condition that you have, the better prepared you will be to deal and get help with Addison’s disease.

Addison’s disease is the failure of your adrenal glands to produce certain hormones. These hormones give instructions to nearly every tissue and organ in your body. Cortisol is one of the hormones not produced sufficiently in Addison’s disease. Aldosterone is another hormone that there is too little of.

Addison’s disease can happen at any age of life. It usually occurs, however, in people between the ages of 30 and 50.

The symptoms and signs of Addison’s disease may appear slowly over a period of several months. Some of these indications of Addison’s disease are:

Craving salt
Irritability
Depression
Vomiting, nausea, or diarrhea
Low blood sugar (hypoglycemia)
Muscle fatigue and weakness
Decreased appetite and weight loss
Low blood pressure and possible fainting
Skin darkening (hyperpigmentation).

There are times, however, when the signs and symptoms of Addison’s disease can manifest themselves suddenly. This happens with acute adrenal failure (addisonian crisis). This may involve additional signs and symptoms like:

Low blood pressure
Loss of consciousness
Pain in your abdomen, legs, or lower back
Severe diarrhea and vomiting, resulting in dehydration.

The most usual cause of Addison’s disease is the body attacking itself (autoimmune disease). For some unknown reason your immune system looks at the outer layer (cortex) of your adrenal glands that produces essential hormones as something foreign to be attacked and destroyed. Other possible causes of Addison’s disease are:

Cancer spread to the adrenal glands
Tuberculosis
Bleeding into the adrenal glands
Other infections of the adrenal glands.

The above listed things are possible causes of what doctors term primary adrenal insufficiency. There is also what is termed secondary adrenal insufficiency. This is caused by the failure of your pituitary gland to produce a hormone that stimulates the adrenal cortex to produce its hormones. This can result in your adrenal cortex failing to produce its hormones even though your adrenal glands are not damaged. This is what doctors call secondary adrenal insufficiency. Another more likely cause of secondary adrenal insufficiency happens when you are taking corticosteroids for the treatment of chronic conditions like arthritis or asthma, and you abruptly stop taking them.

Your doctor will probably ask you about your signs and symptoms and your medical history. If your doctor thinks you may have Addison’s disease there are several tests you may be asked to take. Some of these may include imaging tests, blood test, insulin-induced hypoglycemia test, and ACTH stimulation test. All of this will help your doctor to diagnose Addison’s disease.

Treatment for your Addison’s disease if diagnosed early may involve taking prescription corticosteroids. Your doctor may also want you to take one or more hormones that your body is not producing sufficiently. These are usually taken in amounts that are what the body would normally produce. Stressful situations like an infection, minor illness, or an impending operation may require a temporary increase in your dosages.

One of the dangers associated with Addison’s disease is an addisonian crisis. This is a life-threatening situation that results in high blood levels of potassium, low blood pressure, and low blood sugar levels. An addisonian crisis is usually treated with intravenous injections of saline solution, hydrocortisone, and sugar (dextrose).

Hopefully, this information about Addison’s disease will be helpful in getting the assistance you, your spouse, or your child with disability needs because of your disability caused by Addison’s disease.

As mentioned at the beginning, if you intend to apply for a social security disability benefit or disability benefit because of the disability caused by Addison’s disease, or you have already applied and been turned down, and you plan on reapplying or appealing the denial by the social security administration; you will need to enlist a competent disability lawyer to help and guide you through this process.

This is the right Web site for finding a skilled disability lawyer. The expert disability lawyer at SocialSecurityHome.com who will work with you or your spouse can help you in your claim for a social security disability benefit or disability benefit because of the disability caused by Addison’s disease.

This is something important for you, your spouse, or your child with disability. Do not put this off. Contact a skilled disability lawyer at SocialSecurityHome.com today.

Tags: Addison's disease, Disability Attorney, Social Security Disability, Social Security Disability Lawyer
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Applying for Social Security Disability Benefits

Monday, March 2nd, 2009

You believe that you are disabled and would like to apply for Social Security disability (SSD) benefits. Or, you have a child that you believe is disabled and would like to apply for Social Security disability benefits for your child with disability.

How do you go about doing this? What do you have to do to apply for these benefits? Where do you have to go? Is the application hard to fill out? How long is the application? What information will you need to have to fill out the application?

These are all questions that you may have. These are questions that you need answered.

To begin with, there is an application that you have to fill out in order to apply for Social Security disability benefits. This application can be filled out in one of three ways.

The first way to fill out an application for Social Security disability (SSD) is by going in to your local Social Security Administration office where you can fill out the application in person. If you do not have a Social Security Administration office near where you live, there are two other ways to fill out the application.

You can fill out the application online. To do this, you have to go to the Social Security website which is www.socialsecurity.gov. Here, you can fill out an application for Social Security disability (SSD).

The other way to fill out the application for SSD is by telephone. The number to call is 1-800-772-1213. If you are deaf or hard of hearing the number is 1-800-325-0778.

When you go to the website to apply for SSD online, the first thing you are asked to do is to select the age category of the person who is disabled. If it is a child under the age of 18, you are then directed to a page that tells you how to apply for disability benefits for a child.

You have to complete an Application for Supplemental Security Income (SSI) and a Child Disability Report. At the present time, only the Child Disability Report can be filled out online. The SSI application has to be done either by phone or in person.

Also on this page, you will find steps on how to apply for your child with disability. These steps include a Child Disability Starter Kit that answers common questions about applying for SSI benefits for children, and it has a worksheet to help you gather the information that you will need.

If you are applying for yourself or another adult over age 18, you are directed to a page that tells you how to apply for disability benefits for an adult. You have to complete an application for Social Security Benefits and an Adult Disability Report. Both the application and the Adult Disability Report can be done online, by phone or in person.

As with the page on filing for a child, there are also steps on how to apply for an adult on this page. There is an Adult Disability Starter Kit that answers common questions about applying for benefits for an adult, and a worksheet to help you gather the information that you will need to fill out the application.

Our next post will give you details about the application and the information you will need to fill it out.

Tags: applying for ssd, Getting Social Security Disability, Social Security Disability, Social Security Disability Application
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