Jun 6

There are many people out there that have questions about the Social Security Disability process, how it works, if they qualify and what to do. This process is one that can be extremely frustrating to someone that is unfamiliar with the laws or the process. If this is you, you are not the only one out there feeling that way. Read on for easy to understand answers to some of the social security questions we most commonly hear. We hope that this information can help you to better understand the process, and know what you should do next.

The question we probably hear more than any other is “How are Social Security Disability and Supplemental Security Income different? This is a good question because there is a big difference in the two. Social Security Disability is known as SSD and Supplemental Security Income is known as SSI. The common ground between the two is they are both for disabled citizens, but that is where the commonality ends.

Supplemental Security Income is for those disabled persons who have either never been employed and earned money, or have not been employed enough total time to make them eligible for Social Security Disability. This would include children, stay at home parents or spouses, or younger individuals that worked but did not pay enough into Social Security in the last 5 to 10 years to be eligible for SSD before they became disabled. SSI also is income based, so if you are married and your spouse makes too much money for the Social Security guidelines you could be denied even if you are disabled.

For SSD, when you work and pay taxes you also pay Social Security. The Social Security Administration keeps records on each individual, recording how many years they worked, how much they earned, and how many Social Security “quarters” they have worked and paid. Once a person has qualified for SSD benefits, a Social Security record or statement will be provided to them annually. In this record, you will be able to see what kind of benefits you would be eligible for were you to become disabled and were granted SSD benefits. Your “DLI,” or Date Last Insured ,will also be referenced on your annual SSD record.

Q: “How can I get a copy of my statement?”

A: You can contact your local Social Security Administration office and ask for a copy of this statement. You can also call the 800 number for the Social Security Administration and ask them for the pertinent information which would be how many quarters you have, what your DLI is, etc. To locate your local Social Security office, simply call 1 800 772 1213 or visit the Social Security Administration’s website.

Q: “Why don’t I qualify for SSD when I worked the majority of my life?”

A: The reasons why you may not qualify for benefits are different from person to person. Paying “quarters” into Social Security is similar in concept to paying for health insurance. Insurance benefits will end after a certain time has elapsed since you last paid. This is the same for Social Security. If you work for 25 years and you decide to take early retirement you are now not “paying” into Social Security. You only have a certain amount of time to file for SSD benefits before your coverage ends. If you are in this situation and your coverage has ended then you should consider applying for SSI.

Q: “It’s my money! I worked and I paid into the system, why can’t I get my money back?”

A: This is a good argument but unfortunately this is not how Social Security works. You do have to be found medically disabled even for SSD benefits. Paying into the system simply qualifies you for Social Security Disability.

Q: “I am already getting Social Security Disability but its not enough, I need to get more money.”

A: This is often what people say and this situation is understandable. However, in the world of Social Security benefits, the idea of “getting more money” just does not exist. Social Security Disability is very “all or nothing”; you are either approved and receive your full benefits, or you are not approved and do not receive a thing. There is only so much “money” in your “account” to be withdrawn. It is similar to if you had a regular bank account that you withdrew monthly funds from, there is only so much money in that bank account and no more is being added because you are not working.

Q: “I was on SSD and then I went go jail, why am I not getting my benefits anymore?”

A: When a person is incarcerated, they become a ward of the state, which pays for food, board, etc., During this time, your SSD benefits will automatically stop, and you will have to apply for benefits all over again when you are released. If you find yourself in this situation, it is a good idea to speak to a lawyer or an expert in SSD laws and policies.

Q: “How long should I expect to wait before I get approved?”

A: The answer to this changes from applicant to applicant. As a general rule, pretty much every applicant will be rejected one or more times. Because of this, the application process generally takes anywhere from two to five years. If you are in the middle of this process, and have a hearing scheduled to evaluate your application, it is a good idea to speak with a professional who understands the ins and outs of the SSD process. Most Social Security professionals offer a free consultation, and will let you know up front whether or not they can take on your case.

Q: “My SSD application was approved, and I have been receiving benefits. Now they tell me they paid me too much and I have to pay them back.” A: This can happen and it is referred to as an overpayment case. There are attorneys that handle this specific situation.

If you find yourself in any of these situations and you are not sure what to do start asking questions. Speak to a professional who deals with SSD, and keep in mind that if one lawyer rejects your SSD case, there are others who may be willing to take it on. There are attorneys that handle SSI but not SSD and there are attorneys that handle all types of situations with social security benefits. If you do not know how to find a Social Security lawyer or who you should speak to first, there is a referral agency for lawyers who work with Social Security cases. This agency is called the National Organization for Social Security Claimant’s Representatives, or NOSSCR. If you call them and let them know what type of social security situation it is, such as SSI benefits, an overpayment case, a cessation (where they stopped your benefits) etc, they will give you the name and number of an attorney in your area to contact.

May 27

There are many veterans in our country that have no idea that they could be receiving benefits. While some feel like leaving the past behind them, so to speak, others do not even realize that there may be reason for them to receive benefits. Obtaining benefits from the VA can sometimes be a difficult and long process that sometimes does not seem worth the effort. But injured or disabled veterans have a right to benefits, and so should look into the process for obtaining them.

Q: How do you know if you could be receiving benefits? Who, exactly, is qualified to receive them?

A: There are three key factors in determining if you might be eligible to obtain VA service connected disability benefits. First, you had to have served in the Army, Coast Guard, Navy, Marines, or Air Force. Second, you must have a current disability, either caused by your time in the service or a disability that you had going into the service and it was aggravated or made worse by your time in the service. This could be anything from High Blood Pressure to certain types of cancers as well as many other disabilities depending on when and where you served. Lastly, you need to show evidence that your current disability is connected to your military service.

A good illustration of this kind of injury is if you injured your knee while hiking with your some friends while on leave from active duty. Today, even though many years have passed, the problem caused by that old injury is only getting worse, and you will soon need surgery to have the knee replaced. This can be service connected because while you were in the service you had an accident, incident, or illness. And in addition to the surgery, the incident has caused other problems that you need taken care of.

Q: But how will receiving benefits from Veteran Affairs really help me?

A: Like this: if you do obtain benefits, you can receive monthly monetary benefits, as well as eligibility to use the VA hospital and medical facilities. The benefit amount you will receive each month will be dependent on what percentage of your current disability is determined to be service connected.

Q: If I am currently service connected and I have hearing loss at 10% and PTSD at 30% why am I only considered 30% service connected?

A: Veteran Affairs uses a rating schedule that uses the severity of your disability to tell them what percentage service connected disability to award you. They also use a rating chart to total your percentage of service connection, they do not use mathematical terms. Because determining a percentage of service connection is quite complex, if you feel that the percentage awarded you is insufficient for your disability, you should speak to a professional about your options.

Q: My cousin has obtained a 65% service connection for the exact same disability I have. Why?

A: This is due to the fact that the VA rates everyone separately depending on the severity of their disability. Again, there is a rating schedule that determines the amount of benefit and the percentage of service connection that each person receives.

Q: If I work at Veteran Affairs, can I still receive disability benefits for my time in service?

A: Yes. Unlike with Social Security Disability, the disability benefits you obtain from Veteran Affairs are not affected by working. If you are granted service connection for a disability that is not keeping you from working then you can still work and receive benefits. The VA does not reduce your VA service connected disability benefits just because you are working and receiving an earned income.

Q: Can I receive Social Security Disability benefits and VA service connected disability benefits? A: Yes, you can. While Social security disability does gauge your earned income when determining your SSD benefits, your VA benefits are not considered earned income, and so will not get in the way of your SSD benefits.

Q: My husband/wife was in the service and receiving VA service connected disability benefits but they have passed. Am I eligible to get his or her VA benefits?

A: In some cases, yes, benefits are available for children and spouses who survive a deceased veteran. However, every case is different, and you need to be sure to speak to a professional before moving forward.

Q: How do I file a claim?

A: Veteran Affairs has laws to follow called “Veteran Friendly Laws.” The VA has the duty to help you file a claim and walk you through the process of obtaining benefits. There are Regional Offices in every state and there are organizations set up to assist the veterans at no cost to you. You can find your local VA Regional Office as well as Veterans Service Organizations on the VA website at www.va.gov.

Q: Can I hire an attorney?

A: The VA does have laws that tell attorneys when they can represent a client for a fee and when they can not. You can find some lawyers who will represent you for free, or Pro Bono, and others who will require you to sign a contract promising payment for their services. You should contact a local attorney’s office for more information and specifics regarding your claim.

Q: I am already receiving VA service connected disability benefits, can I receive anything else?

A: This depends on your situation. If you have a service connected disability and it has gotten worse, you can request for an increase in your rating which would result in higher benefits if a higher rating is granted. Veteran Affairs also provides expanded benefits to those veterans who cannot work due to their service connected disability. To apply for these benefits there is a separate form that needs to be filled out and filed with the VA. If you feel that your disability makes it impossible for you to work, and should therefore receive more benefits from the VA, you should either contact a VSO or a lawyer to answer your questions and help you through the process. The VA also has benefits for those individuals that are unable to care for themselves on a regular basis or those that are unable to leave their home most of the time. These benefits are a homebound compensation. If you need assistance in caring for yourself but are having trouble paying for the care you should look into this option.

Every veteran’s case is different and obtaining the benefits set aside for you by the VA can be quite confusing to some people. The VA’s website has a lot of information on what kind of benefits there are beyond disability benefits and what you can do to receive these benefits. If you are a veteran and you were injured in any way or your disabilities that you had before going into the service were aggravated in any way please look into your options. After all, you served your country in the past, and may very well be entitled to receive benefits for it today.

May 2

Q:. I have seizures occasionally. Can I get disability benefits?

A: Not all applications for Social Security disability involving seizures are approved. The two factors that determine whether you qualify are how often the seizures occur, and if you are following the prescribed medication and treatment recommended by your doctor. Seizures that are categorized as major motor seizures must happen once a month or more and must occur during the day. Applicants with minor motor seizures must experience them at least once a week to qualify for benefits. You must prove that you have been following the prescribed medication and therapies recommended by your doctor. If records indicate that you have not been taking prescribed medication, you will be denied benefits. You will need to provide a copy of your EEG and copies of your medical records. A social security lawyer may be helpful in determining if your specific situation meets the guidelines of the Social Security Administration.

Q: Why is the application process for claims so long?

A: Unlike applications for other federal programs, the Social Security office has no required timeline for processing applications for disability. Assuming all the required information was provided, it takes most applications 3 or 4 months to be processed. That means that within 3 or 4 months, you should be notified via letter whether or not your application was approved. There are many steps to processing your application. The disability examiner for your case must first request medical records. Waiting for requested medical records is what causes most application delays. The disability examiner will provide a write up summarizing your medical records, then give the file to a medical specialist to review. The file will be given back to the examiner after the medical specialist provides his expert opinion. After that, a final decision about your case is rendered and you will be given written notification of the status (approved or denied) of your case. If your case is denied, you can first apply for reconsideration. In that case, your application will go through the same process with a different disability examiner and medical consultant. Consulting with a social security lawyer would be helpful, if your case was still not approved after reconsideration. Your next step would be to appeal your case. You may have to appear in court to defend your case.

Q: Will hiring you make my case be processed more quickly?

A: Applying for disability with the Social Security Administration can be an arduous process. A fair number of applications for benefits are filed incorrectly or incompletely, which results in significant delays and the need to re apply. A social security lawyer can help you navigate the process and assure that you have provided all the necessary components for your application. This will allow you to file your claim correctly and more quickly than if you had to do it all on your own. Over half of the application submitted are not approved. In some of those instances, having an advocate like a social security lawyer may have increased the likelihood of approval. An attorney is usually recommended if your application is denied and you plan to appeal or have your case reconsidered.

Apr 1

If you are currently suffering from a disability, a disease, or any type of medical condition that prevents you from working, you are possibly eligible for Social Security Disability benefits or SSD. The main purpose of the SSD is to provide individuals that are deemed by the government to be disabled to receive a certain amount of money every month. To be granted these benefits, an applicant will have to fulfill the following requirements: he or she must be suffering from a medical condition that prevents the pursuance of work, or that is expected to result in death.

It is important to note that there are many factors that will determine if you are eligible for Social Security Disability benefits, with concerns such as how old you are, how much education you have had, your work history, and your compliance with the terms of your medical treatment being some of them. Even if you conform to all of these requirements, there is still a chance that you will not be granted Social Security Disability benefits, which is why you may want to consider hiring the services of a social security lawyer.

A social security lawyer can collect information that will help prove your eligibility for SSD. Claiming Social Security Disability benefits can be a long and arduous process, oftentimes involving various forms and documents, and interviews with Social Security Administration representatives. A good social security lawyer will also be useful to you when you are denied a claim, and will therefore have to make an appeal for reconsideration before a judge. Since the appeal process can last as long as two years, and you may be denied more than twice at the minimum, hiring the services of a social security lawyer makes a lot of sense. With a social security lawyer, this process can be speeded up considerably.

It is important for you take your benefits claim seriously and to do what your social security lawyer suggests at all times. If you do not follow your doctor’s instructions with regard to your treatment for example, you will just make the job of your social security lawyer that much harder. This may result in you being denied your benefits entirely.

It is important to consider your social security lawyer as your most effective ally in your quest to receive Social Security Disability benefits. Helping him or her out to the best of your abilities will greatly benefit you in the end.

Sep 18

People don’t really know about social security benefits. In fact, the entire discussion around social security is a bit confusing. You certainly won’t get straight information from politicians on social security. They seem to be scared of taking on the issue and having an honest discussion

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I guess, long ago, the government decided that they needed a program to take care of our citizens. They established the social security administration to handle this public need. It idea is fairly nobel. Take care of those people in our society that need help. If they don’t have money, for whatever reason, our country will provide social security HillandPonton.com

So taxes were created and spending started. I think when you are at the very beginning of one of these programs, it is great. It’s only when the program has become old, the funding didn’t work out as you hoped, that things get difficult. At this point, social security is not in good shape. The only thing that is clear is that noone yet knows how to solve the social security problem.

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Sep 7

Each year, the Social Security Administration (SSA) mails all workers over the age of twenty five a record of earnings that estimates the benefits they will be eligible for. Normally, the statement will arrive around three months before your birthday. However, if you do not receive your statement, you can visit your local SSA office or the SSA website and fill out a request to receive this information. Since it is not uncommon for there to be errors, be sure to review this statement to ensure that your earnings over the years have been reported accurately. This is extremely important since your future benefits are based on the information contained in this report.

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Sep 6

Just a quick first post to say that hi. It is my plan to post every day. My topic is social security disability benefits. I trust you will find this of use and will comment. I really appreciate that you stopped in my blog.

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