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  • Disability Group 3:16 pm on March 8, 2011 Permalink | Reply  

    File for Disability – Links to Application Forms

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

    If you are filing for social security disability benefits you can do most of the application work online. We’ve put together links to the most commonly used forms required to file a disability benefits claim.  (If you have questions on how to fill out the paperwork, feel
    free to contact our office at (800) 248-1100 or get a free case evaluation at: http://www.socialsecuritylaw.com/free-consultation/.)

    If you believe you are eligible for disability benefits, you should file an application as soon as possible to preserve your application date.

    It’s important to be thorough with your forms and list everything accurately the first time to save time in the application process.  Social Security offices are under severe backlogs, you don’t want to fall further behind by making a mistake on your disability application or leaving information out.

    When answering form questions it is important to be very specific about what you can and cannot do, as well as how your disability affects your capabilities.  Your answers on these forms will be used in your claim later.

    To apply for disability benefits online, you can start here: Disability Application Checklist

    SSA-3373 Function Report-Adult:  http://www.ssa.gov/online/ssa-3373.pdf
    This form tells Social Security what functions you can do and how your disability affects your daily activity.

    SSA-3380 Function Report Adult-Third Party Form:  http://www.ssa.gov/online/ssa-3380.pdf
    This form is used when applying for disabilities on another person’s behalf.

    SSA-3369 Work History Report:  http://www.ssa.gov/online/ssa-3369.pdf
    Social Security uses this report to determine what jobs you performed in the past. Remember, even if you are no longer able to do the work you did previously, you still may not be considered disabled if there are other jobs you can still perform.

    If you are filling out paperwork on your own, remember that over 70% of initial applications are denied. Unfortunately many legitimate disability claims have to be appealed all the way to an Administrative Law Judge before being rewarded.  The best strategy is to make sure you have the most accurate and detailed forms as possible so that your claim can be handled in a timely manner.

    Disability Group has put together a quick 4 step questionnaire to help you determine if you may qualify for social security disability benefits.

    Copyright secured by Digiprove © 2011
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  • Disability Group 5:00 am on February 18, 2011 Permalink | Reply  

    Working After the Social Security Disability Benefits Award

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

    Have you received Social Security Disability Benefits? There’s a common misconception is that any work done after receiving an award for Social Security disability benefits will terminate those benefits.  In fact, however, a person receiving benefits may work and still receive many benefits.

    Trial Work Period

    The SSA does not consider work by claimants to mean that disability has ended until it exceeds the “trial work period.”  The “trial work period” is a 60-month period during which the claimant worked for at least 9 months.  These months – called “trial work months” – can be spread out over the 60 month period, and count if the claimant earned at least a certain amount.

    If self-employed, a “trial work month” is any month where the claimant either earned the amount stated above, or worked more than 80 hours in their own business.  The SSA’s website has a handy table to determine whether monthly earnings in a given year are enough to count as a “trial work month”.

    Benefits Past the Trial Work Period

    Working claimants who exceed the “trial work period” can still receive SSDI benefits in those months where their earnings are not “substantial” (another handy table at the SSA’s website can show you how much the “substantial” monthly earning rate is for a given year).  Claimants will not receive benefits for any month where their earnings exceed the “substantial” amount.

    Any work expenses that result from disability, however, can deduct from earnings enough to grant claimants benefits despite “substantial” earnings.  These expenses include prescription drugs, wheelchairs, and any specialized work equipment needed to perform a job.

    Even after SSDI benefits have stopped because of earnings, claimants have certain options.  They have five years in which they can ask SSA to reinstate disability benefits because a condition has again become disabling.  In this case, no new disability application is required.

    SSI Benefits

    SSI eligibility is based on financial need.  SSI benefits can decrease or stop when a beneficiary’s income increases.  Likewise, if income drops within the eligibility cap, SSI payments will automatically start again.

    If a disabled SSI recipient works, they may continue to receive payments until their combined income exceeds the SSI income limits, which varies by state.  Like before, if a beneficiary becomes unable to work again due to disability within five years of SSDI benefits ending, they may ask SSA to reinstate their benefits.

    Medicare and Medicaid

    Medicare Part A coverage will continue for at least 93 months after SSDI benefits have stopped due to earnings, as long as claimants are still disabled.  After this period has expired, claimants can buy Medicare Part A coverage by paying a monthly premium.

    Medicaid coverage generally continues even after SSI benefits stop.  Coverage may stop, however, if income reaches a certain level, varying by state and reflecting the cost of local health care.  Contact your local Medicaid office to determine your local income levels and other restrictions.

    The SSA wants claimants to work if possible, and employment should not be viewed as immediately terminating all benefits.  Speak to your attorney or the SSA office to see how it might affect you.

    Copyright secured by Digiprove © 2011
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    • Philly 11:03 pm on May 11, 2011 Permalink | Reply

      Thakns for sharing. Always good to find a real expert.

    • jeanna salas aquino 9:31 am on May 23, 2011 Permalink | Reply

      i was diagnose with ovarian cancer and gowing on chemo .
      im 63 yrs old reciving social security.but with my condition i don;t want to go back to work.
      im medical leave at work .

  • Disability Group 10:00 am on February 11, 2011 Permalink | Reply  

    Veterans Pension and Disability Benefits 

    A veteran may receive full VA compensation benefits as well as full Social Security Disability benefits.  However, VA pensions are treated differently.

    Your VA pension will be reduced by the amount of Social Security Disability (SSDI) benefits you receive.  If you qualify for needs-based Supplemental Security Income (SSI) benefits, they will be reduced by the amount of your VA pension.

    The VA pension is reduced by other sources of monthly income like SSDI because it is a needs-based program for disabled veterans.  VA considers your income and assets, but does not consider other needs-based payments like SSI.  SSI and state welfare will not reduce your VA pension, but remember, your VA pension will reduce SSI benefits.

    My SSDI benefits would be the same amount or less than my VA pension check.

    If this is the case, you may not want to pursue a claim.  Your VA pension will be reduced by the amount of your SSDI benefits.  You may want to simply collect the full VA pension you are already receiving.

    I’m in the middle of filing a Social Security disability claim, and I just started getting my VA pension.

    If this is the case, you might be able to get SSDI backpay from before your VA pension began.  You should call a lawyer and ask for help in determining what you should do.

    My VA pension is going to be about the same as my SSDI benefits, and I’m entitled to SSDI backpay

    If this is the case, you may want to stick with the Social Security disability claim.  Your SSDI benefits will offset your VA pension, but there will be back pay on top of these benefits.

    Remember, always consult an experienced social security lawyer to find whether you should file for SSDI while collecting a VA pension.

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    • steve 11:57 am on May 16, 2012 Permalink | Reply

      I am getting some VA pension and some VA disability…if I apply for SS disability, not SSI, I can’t tell from above what, if any of the 2 will be reduced. can someone please clarify. Thanks.

    • John FitzGerald 3:05 pm on May 16, 2012 Permalink | Reply

      The pension will be reduced. The benefits will not.

  • 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

    • 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…

  • Disability Group 10:00 am on January 24, 2011 Permalink | Reply  

    Social Security Myths EXPOSED!! Disability Group Inc Reveals The Truth About the Social Security Claims Process 

    Applying for Social Security disability benefits can be intimidating and time-consuming. Understanding how the system works can be the difference between winning or not winning your disability benefits.  Disability Group reveals common Social Security disability myths and misconceptions.


    Myth: The Social Security Administration denies everyone the first time they apply for disability.

    This is absolutely not true!  It is easy to see why people would believe this when over 70% of all first applications filed are denied.   A claim requires a lot of paperwork, and claimants are often denied when they do not provided documents that the SSA disability reviewer has requested.  A disability lawyer can be help you to prevent an unnecessary denial by staying on top of all requests from the SSA.


    Myth: The Social Security Administration will deny you a certain number of times before you are approved.

    Also not true!  Many people simply file applications over and over again, hoping to be approved.  If you continue to file and get denied at the first stage, you are denying yourself the right to an appeal and even more importantly, you are setting yourself at the back of the line again!

    Make sure that you follow the appeals process up to the highest level in a timely manner, meeting all deadlines.


    Myth: The best way to appeal a Social Security claim denial is to file a brand new application.

    No!  This is often the worst thing you can do because most initial applications are denied.  A new application will most likely be denied for the same reason as the last.  Historically, and statistically most claimants are awarded only after being heard by an administrative law judge.  A claim will never get that far in the process if you just file a new application.  Follow the appeals process and find representation.


    Myth: Certain medical conditions or mental health problems can get you automatically approved for benefits.

    No . . . . and yes.  Certain impairments are singled out.  If you meet an SSA listing it is easier to get approved, but not automatic.  All claims are evaluated according to medical evidence. See the list of the categories of impairments that meet the SSA listing here: http://www.socialsecuritylaw.com/qualify/

    Make sure to get regular medical treatment during your claim documents your condition for a better chance of obtaining benefits.  If you have irregular doctor visits and little medical evidence, your chances for approval of disability benefits is greatly reduced.


    Myth: You cannot get Social Security Disability if you have used drugs or alcohol.

    Not true. Every case is different but you have a better chance of obtaining benefits if you have maintained at least six month of sobriety.  How often and how recent you used is most important.  Simply put, Social Security will not pay benefits to someone who caused their condition or made it worse by drug or alcohol use.  If quitting would improve your condition, it is relevant and you will not win.

    If you have a history of abuse but are not currently using substances you should carefully review your medical records before filing for disability.  Doctors and mental health professionals will often indicate “suspected use” in their treatment notes.  Such indications can have a damaging effect on a disability case.

    While there are many myths about the Social Security claim process that are untrue, the process does include a fair amount of rules, regulations, and paperwork that a social security attorney is better suited to deal with.

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  • Disability Group 10:00 am on January 19, 2011 Permalink | Reply
    Tags: cdr, medical review. children,   

    You got your benefits – now how do you pass a review? 

    Once you are receiving Social Security Disability benefits, the Social Security Administration will periodically review your case to make sure that you are still disabled. This review is called a Continuing Disability Review (CDR) and the law requires it.


    What can you expect from a CDR?

    When the SSA determines that you are disabled, your disability determination specialist sets a date for your case review. This schedule is called a diary. Most diaries are based on the expectation of recovery and are for three or seven years, but they can be sooner:

    • If medical improvement is “expected,” a case normally will be reviewed within six to 18 months;

    • If medical improvement is “possible,” a case normally will be reviewed no sooner than three years;

    • If medical improvement is “not expected,” a case normally will be reviewed no sooner than seven years.

    The CDR is a medical review.  SSA is trying to decide if your level of disability has improved to the point where you have medically recovered and are able to work.

    SSA will want to gather the same kind of evidence that you provided during your initial claim for Social Security Disability benefits. SSA will have you fill out forms describing your current condition and list all of the places where you have received treatment. SSA will also obtain copies of all recent medical records. If more information is needed about your condition, SSA may schedule a Consultative Exam.

    If your condition has not improved since SSA last reviewed your case, then your Social Security benefits will continue. If your condition has improved, SSA will look to see if your condition meets the current disability requirements.

    It is important that when you receive the CDR notice and forms that you fill them out and return them. If you receive the CDR mailer and throw it in the trash, SSA will send a second one. Continued failure to provide information that SSA asks for, or failure to attend an examination that it schedules, will result in termination of benefit payments. You may need help answering the questions, especially if you are not certain what is being asked and why. This is where an attorney may help.


    Continuing Disability Reviews for Children

    When a person is found to be disabled under childhood regulations, SSA will review the case when the person turns 18 to determine if the person is disabled under the adult regulations. The case is reviewed as if it were a new case. SSA is looking to see how your disability affects your ability to work as an adult. Even if your condition has not improved, your benefits will cease if your condition does not meet the current adult rules.


    Tips for a Continuing Disability Review

    SSA looks at the original status of your medical condition(s) and compares it to the current status of your medical condition(s) to decide if there has been significant medical improvement. For this reason, it is important that you continue to seek medical treatment for your condition. If you have not continued to seek medical treatment, SSA will likely order a Consultative Exam to assess your current condition. It is usually more beneficial to you if your own doctor provides that information rather than a doctor hired by SSA who really doesn’t know you or your medical condition well.

    Be honest and don’t exaggerate the symptoms caused by your current medical condition(s). The opposite is also important: don’t try to portray yourself as better than you truly are.

    SSA is required to thoroughly evaluate any new medical conditions that have arisen since you were first awarded disability benefits. For this reason, it is important to tell your disability caseworker about any new conditions or treatment you have received.

    If you receive notice that your benefits are being terminated, you are entitled to an interview with the person making the final decision on your case. If your benefits are still terminated after this interview, you can appeal the decision to an administrative law judge. You may have an attorney represent you.

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    • Jera 6:19 pm on May 11, 2011 Permalink | Reply

      At last! Someone who understands! Thanks for ptosing!

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