Saturday, January 31, 2009

How Much Can I Get from 2009 Social Security Disability Benefits?

How much will the SSA grant in supplemental income, and what benefits can you receive?


When you or a family member is unable to work due to a work-related injury or a severe medical condition, you can apply for Social Security benefits from the Social Security Administration.



How soon, and how often, will I receive Social Security disability benefits?

Once your application is approved, you will start receiving benefits in about 6 months. You will receive your Social Security benefits on a monthly basis.



How much will my benefits be?

The amount of your monthly disability benefits is based on your average lifetime earnings. You can get an estimate of your benefits from the SSA's Benefit Calculator on their website. For guidance, below are the 2008 v. 2009 Social Security disability thresholds:

- 2008: Substantial Gainful Activity (SGA) - Non-Blind ($940 / month), Blind ($1,570 / month), Trial Work Period ($670 / month)

- 2009: Substantial Gainful Activity (SGA) - Non-Blind ($980 / month), Blind ($1,640 / month), Trial Work Period ($700 / month)



What kinds of benefits can I get?

In addition to a monthly amount, you may be eligible to receive other benefits. Additional Social Security benefits that you may be eligible for are:

- Supplemental Security Income (SSI) if you are 65 or older, blind, or disabled

- Food stamps

- Medicaid

- Medicare (after 2 years)

- Services under the Ticket to Work Program (allows you to go to work to earn more money)



When do I get Medicare coverage?

You will get coverage after you have received disability benefits for 2 years.



Is my family eligible to receive benefits?

Yes. Certain family members may qualify for benefits. They include:

- Your spouse, if he or she is 62 or older

- Your spouse, if he or she is financially supporting a child of yours who is either disabled or under the age of 16 younger

- Your child, if he or she is under the age of 18 and in school full time

- Your child, over the age of 18, if he or she has a disability that started before age 22



How much can a family member receive in benefits?

Each family member may be eligible for a monthly benefit of up to 50% of your disability rate.



Adjustments to your benefits:

Your Social Security benefits may change as necessary. Your benefits may change or be stopped if:

- The cost of living has gone up (in which case, your benefits would increase)

- Your medical condition improves

- There is any change in your ability to work

- You get married or divorced

- Your citizenship changes



What may cause my Social Security benefits to be temporarily or permanently stopped?

- You have an outstanding arrest warrant

- You are convicted of a crime

- You are also receiving Railroad Retirement benefits

- You earn more than $980 or more per month ($1,640 if you are blind)

- You violate a condition of your probation or parole




What may cause my Social Security benefits to be reduced?

Your Social Security disability benefits may be reduced if you receive other government benefits.



Your Social Security benefits may be reduced if:

- You are receiving workers' compensation

- You work for an employer that does not withhold Social Security taxes from your salary (Windfall Elimination Provision)

- You receive a pension from a federal, state or local government based on work where you did not pay Social Security taxes (Government Pension Offset)



Social Security Attorneys and 2009 Social Security Disability:

What 2009 Social Security Disability changes will occur? A Social Security Disability attorney is an expert on disability law. Hiring a disability lawyer helps improve your chances of winning disability benefits and can impact the speed from date of application that you start to receive benefits. If you have questions about the 2009 Social Security Disability application, or if you have a case from a prior year that has not been awarded benefits, consider contacting an experienced disability lawyer.





Matt Berry is an Atlanta SSI disability lawyer focused on disability law. His team of Social Security attorneys is experienced with the 2009 Social Security Disability law.




Disability Lawyer Blog: Links & Free Case Evaluation


Click to Ask a Question from a:
Social Security Disability Attorney

Free Disability Case Evaluation from a:

Social Security Disability Lawyer


Resources: Looking for Additional Social Security Disability information?

  • Need to apply for Social Security Disability?
  • Have you been denied Social Security Disability?
  • Do you want to appeal a Social Security Disability case?

www.NationalDisabilityLawyer.com

1-800-507-4774


NationalDisabilityLawyer.com is a website with SSDI and SSI Disability information. Learn more about disability cases, how to apply for disability and how to appeal a denied Social Security Disability case.

Friday, January 30, 2009

Denied Social Security Disability: What’s Next?

Did you know, many people are denied Social Security benefits due to insufficient documentation? To support your case for Social Security benefits, document your symptoms and write down how your disability affects your job performance. Keep documentation of every doctor's visit, record the dates of your visits and keep track of medical records from your doctors and your laboratory and test results.



More than half of people who apply for Social Security are denied Social Security benefits at the initial application level. There are many reasons why you may have been denied Social Security Disability.



Reasons You Might be Denied:

- Insufficient medical evidence

- You are working and earn more than $940 a month

- Your disability will not last at least 12 months

- You did not follow the treatment prescribed by your doctor

- You did not submit the SSA or DDS's requests for information



I was Denied Social Security Benefits, Now What Do I Do?

Remember, you have the right to seek legal representation to help with your disability application, appeal or reconsideration request. If you are denied Social Security Disability, remember don't give up! There is an appeal process.



1. Apply for Reconsideration:

You should first apply for reconsideration of the denial. This appeal must be filed within 60 days of the date of the application denial. A request for reconsideration involves an informal hearing within the Social Security Office where your application was processed.


For Reconsideration, You Must:

- Complete an Appeal Disability Report

- Complete a Request for Reconsideration

- Send the forms to your local Social Security office


Approximately 85% of reconsiderations are denied. If your reconsideration is denied, the next step is to go to a hearing.



2. Attend an Administrative Hearing:

You have 60 days from the time you receive your Social Security disability denial to request a hearing.



To request a hearing, you will have to complete:

- A Request for Hearing by Administrative Law Judge

- An Appeal Disability Report


Both of these forms can be completed on the internet on the Social Security Disability's website.



In an administrative hearing, an Administrative Law Judge (ALJ) will make an independent review of your application and make a decision of your claim.



3. Appeal a Denied Social Security Claim:

If you lose at the hearing level, the next step is the Appeals Council Review. To begin the process, complete the Request for Review of Decision/Order of Administrative Law Judge and send it to your local office.



The Appeals Council rarely grants disability benefits. However, they will determine if your hearing was fair or not.



4. The Federal District Court:

If the Appeals Council refuses to review your case or denies your disability appeal, the last step is to take your case to the federal district court. You must have an attorney at this level of appeal. He or she will file a case against Social Security in District Court.



How Long Does the Appeal Process Take?

The appeal process can take a long time, sometimes years. According to the Social Security Administration, the average processing time for a request is about 7 months; but many cases may take 30 months or more.



The Benefits of Having a Social Security Attorney :

Having a Social Security attorney can significantly improve your chances of receiving social security benefits if you were denied. Attorneys know how to prepare a disability case for a hearing and they are familiar with social security rules and regulations.




Matt Berry is a Social Security Disability lawyer. Read his firm's Social Security Disability blog if you have been denied Social Security disability benefits.




Disability Lawyer Blog: Links & Free Case Evaluation


Click to Ask a Question from a:
Social Security Disability Attorney

Free Disability Case Evaluation from a:

Social Security Disability Lawyer


Resources: Looking for Additional Social Security Disability information?

  • Need to apply for Social Security Disability?
  • Have you been denied Social Security Disability?
  • Do you want to appeal a Social Security Disability case?

www.NationalDisabilityLawyer.com

1-800-507-4774


NationalDisabilityLawyer.com is a website with SSDI and SSI Disability information. Learn more about disability cases, how to apply for disability and how to appeal a denied Social Security Disability case.

Thursday, January 29, 2009

Common Social Security Disability Impairments

By law, Social Security has a strict definition of a disability. According to the Social Security Administration, to be found disabled and to receive Social Security benefits:


- You must be unable to do any substantial work because of your medical condition AND

- Your medical condition(s) must have lasted, or be expected to last, at least 1 year, or be expected to result in your death



The Social Security Administration assesses your overall ability to engage in employment or, in their terminology, “substantial gainful activity”. In making this analysis the administration is supposed to consider the totality of your medical condition. Two elements of analysis are the Grid Rules, using a specific set of regulations, and “The Listings”



The Listings describe certain conditions or diseases that effect major body systems. The major categories of common disabilities include:


- Musculoskeletal Disorders and Growth Impairments

- Vision Disorders

- Balance and Hearing Disorders

- Speech Disorders

- Breathing Disorders

- Heart and Blood Vessel Diseases

- Digestive System Diseases

- Kidney Diseases

- Blood and Lymphatic Diseases



When you apply for Social Security benefits, the SSA (Social Security Administration) and the DDS (State Disability Determination Services) will request information from you. To ensure that you receive Social Security benefits, keep track of your personal and medical information:



Information the SSA may request :

SSA representatives usually obtain applications for disability benefits. When applying for Social Security benefits, you will need to fill out forms and complete an interview.



Have the following information ready for the SSA:

- Names, addresses and phone numbers of all doctors, hospitals and clinics
- A certified copy of your birth certificate

- A W-2 form if you worked last year

- Your federal income tax return (IRS 1040 and Schedules C and SE) if you were self-employed

- Workers' compensation information (date of injury, claim number, proof of payment amounts)

- Social Security numbers for you and your spouse

- A history of your previous jobs

- Any checking or savings account numbers



The DDS (Disability Determination Services):

The DDSs are state agencies responsible for obtaining sufficient medical evidence to show that you are eligible to receive Social Security benefits. The SSA and the DDS will need some or all of the following information:

- Your medical assistance number, if applicable

- The contact information for the doctor/HMO/therapist or other person who treated your illnesses, injuries, or conditions, or who you expect to treat you in the future

- Hospitals, clinics, or emergency rooms you visited

- Medications you take

- Medical tests you had



If evidence is unavailable or insufficient to make a determination, the DDS will arrange for a consultive examination (CE).



Should I Contact a Disability Lawyer?

As you have learned there are a wide variety of disability impairments that can quality for Social Security Disability (including SSDI and SSI Disability) benefits. Each claimant must decide how to proceed with a disability claim. Some people will opt to contact a Social Security Disability lawyer. This can be very helpful because often an experienced Social Security attorney will be well versed in your medical condition, which will help in your disability application. Whether you are applying for MS Social Security disability, heart disease or a variety of other conditions, the chances of you winning disability benefits with the help of a disability lawyer are higher than if you were to defend your case alone.


Matt Berry is a disability lawyer. His Social Security disability attorney team of experienced lawyers can help with various disability impairments.



Disability Lawyer Blog: Links & Free Case Evaluation


Click to Ask a Question from a:
Social Security Disability Attorney

Free Disability Case Evaluation from a:

Social Security Disability Lawyer


Resources: Looking for Additional Social Security Disability information?

  • Need to apply for Social Security Disability?
  • Have you been denied Social Security Disability?
  • Do you want to appeal a Social Security Disability case?

www.NationalDisabilityLawyer.com

1-800-507-4774


NationalDisabilityLawyer.com is a website with SSDI and SSI Disability information. Learn more about disability cases, how to apply for disability and how to appeal a denied Social Security Disability case.

Monday, January 26, 2009

New Disability Blog URL

We've internalized our blog on NationalDisabilityLawyer.com.

Click the URL to read our updated disability lawyer blog or visit:
- http://www.nationaldisabilitylawyer.com/blog/


Disability Lawyer Blog: Links & Free Case Evaluation


Click to Ask a Question from a:
Social Security Disability Attorney

Free Disability Case Evaluation from a:

Social Security Disability Lawyer


Resources: Looking for Additional Social Security Disability information?

  • Need to apply for Social Security Disability?
  • Have you been denied Social Security Disability?
  • Do you want to appeal a Social Security Disability case?

www.NationalDisabilityLawyer.com

1-800-507-4774


NationalDisabilityLawyer.com is a website with SSDI and SSI Disability information. Learn more about disability cases, how to apply for disability and how to appeal a denied Social Security Disability case.

Thursday, January 8, 2009

New Press Release 2009 Disability Applications

Look for a new press release next week about tips for 2009 social security applications.

Alot of questions about 2009 disability applications will center around providing proper documentation. This is increasingly important since the time to receive benefits has been growing longer.


Disability Lawyer Blog: Links & Free Case Evaluation


Click to Ask a Question from a:
Social Security Disability Attorney

Free Disability Case Evaluation from a:

Social Security Disability Lawyer


Resources: Looking for Additional Social Security Disability information?

  • Need to apply for Social Security Disability?
  • Have you been denied Social Security Disability?
  • Do you want to appeal a Social Security Disability case?

www.NationalDisabilityLawyer.com

1-800-507-4774


NationalDisabilityLawyer.com is a website with SSDI and SSI Disability information. Learn more about disability cases, how to apply for disability and how to appeal a denied Social Security Disability case.