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  Disability Group 6:12 pm on March 1, 2011 Permalink | Reply  

  Veterans and Social Security Disability Benefits; What do Veterans Need to Know? 

  Veterans and Disability Benefits: What You Must Know to Get Your Benefits

  By:  Disability Group (http://www.socialsecuritylaw.com)

  The Social Security Administration acknowledges the unique sacrifices made by veterans, because of this military service members can receive expedited processing of disability claims from Social Security. Benefits available through Social Security are different than those from the Department of Veterans Affairs and require a separate application.  The expedited process is used for military service members who become disabled while on active military service on or after October 1, 2001, regardless of where the disability occurs.

  In order to apply for Social Security Disability Benefits as a veteran it is important for you and your representation to compile all information and documentation related to your disability.  Some standard documents required for applying for Social Security Disability Benefits include:

  ●     Original or certified copy of your birth certificate or proof of U.S. citizenship or legal residency if foreign born;

  ●     Form DD 214, if discharged from the military service;

  ●     W-2 Form or income tax return from last year;

  ●     Military or workers’ compensation to include proof of payment;

  ●     Social Security numbers of your spouse and minor children;

  ●     Checking or savings account number, if you have one;

  ●     Name, address and phone number of a contact person, in case you are unavailable; and

  ●     Medical records that you have and/or that you can easily obtain from all military and civilian sources.

  With the help of your representative you should compile this information and file your initial application.  (For help filing your initial application talk to the experts at Disability Group)

  After filing your initial application it is critical that you continue to see your doctor and follow their instructions.  Whether you are treated at a VA hospital or by a family physician the Social Security Administration will need continuous updates about your medical status.  It is important that you and your representative stay in frequent contact with the SSA.

  How does military pay affect eligibility for disability benefits?

  You can still qualify for Social Security Disability Benefits even if your are receiving military pay! In order to qualify for Social Security Disability Benefits you cannot engage in any substantial work activity, military pay itself does not disqualify you.  Your ability to work is what determines your eligibility for benefits so even if you are still on limited duty or undergoing some therapy or rehabilitation program you still may be eligible for benefits.

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    Larry W Miles 7:26 am on May 19, 2011 Permalink | Reply

    I have aready filed for veteran disability, and have been denied once, and had to reapply now, I’m pending a reply. The VA is just dragging it out.

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  Disability Group 10:00 am on February 10, 2011 Permalink | Reply  

  How Much Do I Have To Pay My Social Security Disability Lawyer? 

  When do I have to pay my Social Security Disability lawyer?

  Your lawyer should not charge you any upfront fees. Your lawyer’s fees have to be approved by the Social Security Administration. Your lawyer gets paid only when you are found disabled by the Social Security Administration and found entitled to retroactive benefits. Your lawyer is paid directly from the Social Security Administration when your retroactive benefits check is cut.

  
  

  What are retroactive benefits?

  Retroactive benefits are benefits (money), which accrue during the time frame it took you to be found disabled by the Social Security Administration and awarded. Retroactive benefits start accruing from your onset date. Your onset date is the date you became disabled.

  
  

  How much do I have to pay my Social Security Disability Lawyer?

  As of June 22, 2009, the maximum fee amount you can be charged for representation is $6000, which is set by the Social Security Administration.  That means you should never be asked to pay more than $6000, and, in fact, you could pay a lot less!

  
  

  Can my lawyer fee be less than $6,000?

  As the law is written your lawyer is entitled to 25% of your retroactive benefits, not to exceed $6000.

  If your retroactive benefits check is $15,000, 25% of that amount is $3,750. This is the amount the Social Security Administration will take out of your check and mail to your lawyer. Your retroactive benefits check is written for $11,250 ($15,000- $3,750.)

  The only other costs you are responsible for are “out of pocket” expenses incurred by your lawyer as he/she prepared your case. An example of this expense is the money the lawyer paid for obtaining your medical records. “Out of pocket” expenses should be minimal and are usually collected after you receive your award from the Social Security Administration.

  If you have questions about how social security disability lawyers are paid, give us a call!

  

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    Gordon Pfeifer 12:21 pm on March 7, 2011 Permalink | Reply

    Spoke to my doctor last week and said I would qualify for disability. Just want to know the beat way to go for applying.

    Thank You, Gordon

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    New york wrongful death lawyer 5:12 am on September 7, 2011 Permalink | Reply

    This is really informative and helpful post! Thanks for posting, look forward to more…

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  Disability Group 10:00 am on February 4, 2011 Permalink | Reply  

  The Disability Process, Faster and Quicker! 

  In 2008, the Social Security Administration (SSA) outlined four goals it wishes to achieve by 2013.  To those applying for disability benefits, the most important goal is improving the speed and quality of the disability process.  Here are the ways that SSA is trying to meet this goal:

  
  

  Quick Decisions for Clearly Disabled Claimants

  In order to speed up the process for the most disabled claimants, SSA has established a “Quick Disability Determinations” process (QDD).  Almost 3% of new cases are identified for QDD processing and almost 96% of those cases are awarded within six to eight days.  Also, SSA’s “Compassionate Allowance” program also allows for the quick identification of individuals who are clearly disabled due to the terminal nature of their conditions.  SSA expects to be fast tracking six to nine percent of initial applications by the end of 2012.

  
  

  
  

  Online Filing of Disability Applications
  

  SSA has implemented an online system in which individuals can file for Disability Insurance and Supplemental Security Income benefits.  The goal is for claimants and their legal representatives to be able to conduct all of their business with SSA online.  This will reduce the demands on Social Security employees who will be able to focus on preparing the claims for adjudication.  SSA hopes to reach an online filing rate of 25% for initial applications by 2012.

  
  

  
  

  Timely Updating of Policies and Procedures

  SSA is focusing on updating their policies and procedures. For example, the Listings of Impairments is being updated to include rare diseases and conditions that represent clearly disabling conditions.  SSA is also planning to replace the Dictionary of Occupational Titles, which is relied upon in determining whether there is any work the claimant can do, with updated definitions and objective measures of requirements of work.

  
  

  
  

  A Common Processing System for DDS Offices

  SSA is working to develop a common case processing system for each of the 54 DDS offices.  Currently, each of these offices has a unique system, making any proposed changes very difficult.  A common system will promote efficiency and improved quality of the application process.

  Making it Easier For Disabled Individuals to Return to Work

  SSA is continually updating its policies to allow for easier reentry into the workforce.  It is in the best interest of all parties if a disabled individual experiences enough improvement to return to work.  However SSA understands that disabled individuals may be unwilling to risk the benefits they are already receiving when they do not know if the improvement is permanent or if they will be able to meet the demands of a particular job.

  Questions on how the SSA is continuing to improve the filing process?  Visit them online at http://www.ssa.gov

  
   
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  Disability Group 10:00 am on January 31, 2011 Permalink | Reply  

  Social Security Disability: CRITICAL CASES 

  One of the most common questions claimants pursuing disability benefits ask their social security disability attorney is “How can I make my case move faster?”

  Social Security claims can be granted priority status based on their “critical” nature.   SSA requires expedited processing for the following types of “critical cases.”  A social security disability attorney can help you determine if your case meets any of the provisions for expedited processing.

  
  

  
  

  1)      The social security disability claimant has a terminal illness.

  A critical case involving a terminal illness requires expediting, both in SSA Regional Offices as well as Hearing Offices.   SSA has specific criteria for determining which cases will be expedited as terminal.  A social security disability attorney can help you determine if your case meets the specific criteria.

  
  

  
  

  2)      The case involves a social security disability claim for any military service personnel injured October 1, 2001 or later.

  Military service personnel applying for social security disability who were injured October 1, 2001 or later are eligible for expedited processing.  It does not matter where or how the disability occurred so long as the individual was on active duty at the time of injury.

  
  

  3)      The social security disability claim is flagged as a Compassionate Allowance case.

  Social Security will expedite disability claims where the applicant’s medical conditions are extremely serious and obviously meet disability standards.  SSA will refer to objective medical information that can be obtained quickly in order to determine if the social security disability claimant qualifies under the Listing of Impairments.

  
  

  4)      The claimant is without, and is unable to obtain, food, medicine or shelter.

  Social security disability claimants who have insufficient income or resources may qualify for expedited status.  Claimants must be lacking food, clothing, shelter or medical care to the extent that there is an immediate threat to their health or safety.  Some type of evidence is usually required to support the social security disability claimant’s allegations, for example foreclosure or eviction notices, utility final notices, etc.  Ultimately, the decision as to whether or not a social security disability claimant is facing dire need is decided by the SSA office.

  
  

  5)      There is an indication that the claimant is suicidal or homicidal.

  Lastly, suicidal or homicidal social security disability claimants may be eligible for expedited status based on their suicidal ideation, or homicidal tendencies.

  

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    math games 3:53 pm on February 5, 2011 Permalink | Reply

    thanks

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  Disability Group 10:00 am on January 27, 2011 Permalink | Reply  

  Why Aren’t I Receiving SSI Benefits? 

  Even if you have a qualifying disability, you might not be receiving benefits.  Here are the top reasons why applicants may not receive benefits in spite of their eligibility – and ways to avoid making the same mistakes!

  
  

  The Social Security Administration needs permission to review your financial records – make sure you give it to them!!!

  Because SSI is a need-based program, SSA must be able to determine your eligibility by reviewing your financial information.  Upon application, you must give SSA permission to review records from banks, credit cards, loan companies, trust companies, savings associations, and any other source that would reveal your current financial status.  This may include giving SSA access to financial information belonging to others, i.e. your spouse or others living in your household.

  
  

  
  

  You must be in the United States to receive benefits –  if you leave, make sure to come back!!

  You lose your eligibility for SSI benefits for any month during which you are outside of the United States for the entire month.  If you are outside of the United States for 30 or more days, you are not considered to be back in the United States until you are back for 30 days. You may be eligible for SSI benefits in the month in which the 30 days end if you continue to meet all other eligibility requirements (CFR 416.215).

  
  

  
  

  Apply for all the benefits to which you are entitled!!

  If you do not apply for certain other benefits which you are entitled, you may be denied SSI benefits or have your payments suspended.  These other benefits include annuities, pensions, retirement benefits, or disability benefits.  Specifically, you must apply for veterans’ compensation and pensions, workers’ compensation payments, Social Security insurance benefits, and unemployment insurance benefits (CFR 416.210).

  
  

  
  

  Drug and/or alcohol abuse CANNOT contribute to your disability!!

  Drug addiction and alcoholism are major impediments to your initial award of benefits.  Most judges are very careful to evaluate whether the severity of your disability is a result of your addiction.  If you receive SSI benefits and the judge finds that drug addiction or alcoholism is a contributing factor material to the determination of your disability (CFR 416.935), you must seek appropriate treatment for your addiction.  You will lose eligibility for SSI benefits if SSA determines that you have failed to comply with the treatment requirements. If your benefits are suspended because you failed to comply with treatment requirements, you will not be eligible to receive benefits until you have demonstrated compliance with treatment for a period of time.

  
  

  The Social Security process is complex and has many rules.  Applicants should seek legal advice from a social security attorney before they proceed with an application.

  
   
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  Disability Group 10:00 am on January 25, 2011 Permalink | Reply  

  Seizures and Social Security Disability Claims – How To Prepare Your Case 

  There are more than 29 different seizure disorders, and not all of them result in convulsions. In fact, seizures are experienced differently from person to person.

  
  

  Many individuals with chronic seizure disorders are able to control seizures with medications.  If you take medications as directed and still continue to experience seizures that prevent you from working, you may qualify for Social Security disability benefits.

  
  

  When evaluating your case, Social Security checks if you are seeing a neurologist, for compliance with all prescribed medications and doctor’s orders. They make sure that your seizures are not because of drug or alcohol abuse, and they check to see if medication prevents the seizures.

  
  

  It is sometimes difficult to prove seizures, because tests are often normal even after seizures.  To prepare a strong case, it is important to go to the hospital after every seizure and report seizures to your neurologist. Witness statements are helpful.  Also, it’s a smart idea to create and maintain a dairy to track the frequency and severity of your seizures.

  What Do I Put In My Seizure Diary?

  Keep your diary up to date, and write in it after every single seizure.  Here is the data you should record:

  • The date of your seizure
  • The time of your seizure – when did it start, when did it stop?
  • A description of your seizure – what did it feel like?  How did you notice when it was coming on?  Was it worse or better than your last seizure?

  Residual effects from a seizure and how long they last should also be documents in your diary and your medical records.

  
  

  Seizure disorders are difficult to prove because there are not always objective findings that prove they exist. Regular treatment and documentation of the seizure and residual effects by you and a specialist is of utmost importance in proving this disorder.

  If you keep track of your seizures by maintaining a regular diary, and by regularly seeing your physician, you will help strengthen your Social Security Disability case!

  
   
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  Disability Group 10:00 am on January 20, 2011 Permalink | Reply  

  10 Ways You Can Help Win Your Social Security Disability Benefits 

  10 Ways To Help Win Your Social Security Disability Benefits Claim

  1. See a doctor regularly

  The best thing you can do for your case is keep your medical records consistent and up to date. When Social Security (or an Administrative Law Judge) review your claim these records are what they give the most weight in their decision, so see your doctor often and keep them informed on your conditions.

  
  

  2. Comply with your doctors orders

  It is important that you comply with the treatments that your doctors prescribe for your conditions. If you refuse to take medications or follow other prescribed methods of recovery, Social Security is likely to think that your actions are keeping your conditions from improving. By following all of your doctor’s orders, you show Social Security that you are doing everything in your power to help your condition improve.

  
  

  3. Make sure that DGI gets your medical records

  As previously said, a solid medical history is the best thing for your Social Security case. Medical records are what make up this history, and therefore it is extremely important that you inform DGI of when there are new records to collect. It is also important for us to know when you are going to the doctor, as we may have forms or questionnaires for your doctor to complete regarding your case.

  
  

  4. Refrain from drug and alcohol abuse

  Social Security no longer pays benefits if drugs are alcohol are a contributing factor to a disability. If your medical records show drug or alcohol abuse, your case will be denied by Social Security. If you have used drugs or alcohol in the past, it is important that the fact that you have stopped is noted in your medical records.

  
  

  5. Be detailed on your applications and paperwork

  It is extremely important that you describe, in detail, how your disability affects your day to day activities on your Social Security paperwork. For example, you would not want to fill out a report by saying “I watch TV all day,” because Social Security will say “If you can sit and watch TV for 8 hours a day, you can sit and answer phones at a job for 8 hours a day.” Rather, you would want to explain how long you can sit in one place before having to readjust, stand up or lay down.

  
  

  6. Keep in contact with your lawyers and the Social Security Administration

  Everyday Social Security denies applications for benefits because they are not able to find the applicant. If you move or change your phone number, it is important that you give the new information to Social Security. In the same regard, it is important that your lawyer knows how to get a hold of you, as we may have forms you need to complete or update information on your claim.

  
  

  7. Comply with Social Security’s requests

  Through the decision process, Social Security makes many requests of applicants. It is important that you fill out any paperwork and go to any exams that they request you to go to. If you do not, you may be denied benefits for non-compliance.

  
  

  8. Keep an eye on your earnings

  Social Security has very specific qualifications that must be adhered to in order to qualify for benefits, and the monthly earnings limit is one of the most important. When you are applying for Social Security Disability Insurance, this limit is called SGA (Substantial Gainful Activity). For 2011 the limits are as follows: Non-Blind individual $1,000, Blind Individual $1,640. If you are applying for Supplemental Security Income benefits the amount differs depending on marital status and state of residency.

  
  

  9. Write your local congressman

  This is a good time to call in the artillery. You elected them, now use them. Write your local congressman a letter outlining your situation and they may make an inquiry about your case to Social Security. While a letter from a congressman cannot influence the decision on your social security claim, it may speed up the process (especially in dire need situations).

  
  

  10. Don’t give up

  Receiving social security benefits is a long and difficult process. We are here to help you in your fight for benefits. Denial rates are high and the majority of cases will not be resolved until an Administrative Law Judge hearing. Keep this in mind and trust that we are doing everything within our power to get you the benefits you deserve.

  
  

  SSDI Benefits

  - Monthly cash benefit checks- Average check is $500-$2000

  - Medicare benefits after 1 year wait period

  
  

  About Disability Group

  Disability Group was founded on the principles of dignity of respect.  We are a national law firm focusing exclusively on helping people get the Social Security Disability benefits they deserve.  For more information about Social Security or to see if you qualify for benefits, visit http://www.socialsecuritylaw.com