If you plan to file for Social Security Disability Insurance (SSDI), it is advisable that you hire the services of a Los Angeles disability compensation lawyer.
The chances of your claim being approved increases with their help
A disability compensation lawyer can help you through the following:
• Review and analyze your disability claim based on the set regulations of the Social Security Administration (SSA).
• Advise you if your claim does not qualify for SSDI and present you with other options such as worker’s compensation and state disability insurance.
• Gathering medical evidence to support your disability claim.
• Talk to your treating physician to explain SSA regulations in regards to SSDI so that you can obtain a report that is also based on those regulations.
• Organize documents from your Social Security disability file
• If your claim was denied up to the reconsideration stage, a disability lawyer can help you prepare and represent you at a disability hearing.
• Ensure that you get a fair hearing by objecting to unfair questions and processes.
• Cross examine medical and expert witnesses to get statements that would be favorable to your claim.
• Once you win the case, the disability attorney can also calculate your benefits to make sure that you are getting the right amount.
But when is the right time to consult a disability compensation lawyer?
Most people think that disability lawyers are only for hearings with the administrative law judge (ALJ).
However, it is actually recommended that you hire the services of a disability lawyer as soon as your initial disability claim is denied.
This way, the lawyer can analyze your claim and advice you on its chances of approval.
If the lawyer thinks that you are not qualified, it is more than likely, that you really are not.
But if the lawyer thinks that you have a chance, he can help you prepare for the reconsideration stage and your claim might get approved without going to a disability hearing anymore.
Most disability compensation attorneys could also be hired in a contingency basis, meaning that you do not have to pay them if you do not get approved.
The fees that you have to pay are usually just for out-of-pocket expenses like photocopying and the like.
Once your disability claim is approved, that is when the attorney will get the pre-arranged percentage that you and he agreed upon, which is usually a reasonable amount in exchange for the peace of mind that you will get, knowing you will have an income while you cope with your disability.
Thursday, April 29, 2010
Tuesday, April 27, 2010
The 5 Principles in a Disability Claims Evaluation
The increasing number of reading materials about the disability claims offered by the Social Security Administration (SSA) has encouraged many disabled people to apply for such benefits. However, the SSA has a strict set of requirements for those who want to be eligible to receive disability claims. That is why it is strongly recommended for applicants to undergo a disability claims evaluation.
The Disability Determination Services (DDS) is an agency that takes care of disability claims evaluation. The DDS follows 5 vital principles when conducting a disability claims evaluation.
• Medical criteria – The Americans with Disabilities Act (ADA) has a long list of disabilities that are considered “valid”. The disability suffered by the applicant should be included in the list to be qualified. In some cases, certain conditions that are similar to disabilities included in the list may also be considered.
• Medical and/or psychological evidence – Of course, just a single medical diagnosis is not enough to prove a disability. The DDS always asks several medical specialists regarding the applicant’s condition.
• Vocational criteria – In case the disability of the applicant is not included on the list, vocational criteria may be used. The DDS will assess the applicant’s capacity to perform his past work and other related types of work. If he can perform at least one type of work, he may not be qualified to receive disability benefits.
• Consultative evaluation – If the DDS finds it difficult to make a final decision, a consultative evaluation may be requested from other treatment sources. Usually, the applicant’s medical specialist will be the one who will conduct such examination depending on certain factors.
• Continuing disability review – Once a disability applicant has been approved to receive claims, it does not end there. The applicant will continue to undergo regular checkups and examinations to determine if he is still fit to receive disability claims.
The DDS ensures that it makes fair and accurate decisions whether an applicant can be eligible to receive disability claims. If you are planning to apply for disability benefits, you should make sure that you have all the necessary documents and files to prove your disability. Once you approach the DDS for a disability claims evaluation, it is up to them to decide whether you will be qualified or not.
If you have been approved, you will start receiving benefits a short while after you have been deemed eligible. However, if you were not successful in your disability claims application, you may try private and insurance companies that offer similar benefits.
The Disability Determination Services (DDS) is an agency that takes care of disability claims evaluation. The DDS follows 5 vital principles when conducting a disability claims evaluation.
• Medical criteria – The Americans with Disabilities Act (ADA) has a long list of disabilities that are considered “valid”. The disability suffered by the applicant should be included in the list to be qualified. In some cases, certain conditions that are similar to disabilities included in the list may also be considered.
• Medical and/or psychological evidence – Of course, just a single medical diagnosis is not enough to prove a disability. The DDS always asks several medical specialists regarding the applicant’s condition.
• Vocational criteria – In case the disability of the applicant is not included on the list, vocational criteria may be used. The DDS will assess the applicant’s capacity to perform his past work and other related types of work. If he can perform at least one type of work, he may not be qualified to receive disability benefits.
• Consultative evaluation – If the DDS finds it difficult to make a final decision, a consultative evaluation may be requested from other treatment sources. Usually, the applicant’s medical specialist will be the one who will conduct such examination depending on certain factors.
• Continuing disability review – Once a disability applicant has been approved to receive claims, it does not end there. The applicant will continue to undergo regular checkups and examinations to determine if he is still fit to receive disability claims.
The DDS ensures that it makes fair and accurate decisions whether an applicant can be eligible to receive disability claims. If you are planning to apply for disability benefits, you should make sure that you have all the necessary documents and files to prove your disability. Once you approach the DDS for a disability claims evaluation, it is up to them to decide whether you will be qualified or not.
If you have been approved, you will start receiving benefits a short while after you have been deemed eligible. However, if you were not successful in your disability claims application, you may try private and insurance companies that offer similar benefits.
Thursday, April 22, 2010
How to Request for Social Security Statement
Social Security Statement is a copy of your personal earnings earned through the Social Security taxes that you and your employer have paid throughout your working history.
The Social Security statement also includes a summary of the estimated benefits that you and your family may receive based on your current earnings and how you can apply for such benefits.
This statement is automatically given to you every year.
Automatic statements are given three months before your birth month.
However there are various reasons why some workers do not receive their annual statement copies.
According to Social Security Administration (SSA), you may not receive your Social Security Statements if:
• Your age is below 25
• You are already receiving Social Security Benefits (like SSDI or Retirement) on your record
• SSA does not have a record of your current mailing address
• Your age is 62 years or above and is receiving Social Security Benefits on someone else’s record
• You are a Medicare beneficiary
• You already requested for a statement within the past 11 months
To request for a copy of your Social Security statement, you can either g to their website or mail the Social Security Request Form (SSA-7004) on the address indicated on the form.
The information needed t process your request are:
• The name indicated on your Social Security identification card
• Your Social Security Number or SSN
• Your date of birth
• Your place of birth.
• Your mother’s maiden name
Since the benefits shown on your Social Security Statement are just estimate of what benefits you can avail based on your “current” earnings, you my also request the SSA to include in the statement the benefits you and your family will be eligible in the future or more specifically, on your planned retirement age.
To get an estimate of your future benefits, you should include the following details:
• Your total earning’s last year and an estimate of your current and future earnings.
• Your estimated retirement age.
Once a request is sent, you may expect your requested copy of statements through US mail in two to four weeks.
The Social Security Statement serves the following purposes:
• Provides you with general information about the benefits provided by the Social Security Administration aside from retirement like Social Security Disability Insurance and Survivor benefits.
• It also helps you monitor the reported earnings you gained through your and your employer’s payment of Social Security taxes.
• It lets you check if important information, such as your name and birth date, are correct in the SSA’s records. It may sound simple, but a simple mistake can complicate your application of benefits.
The Social Security statement also includes a summary of the estimated benefits that you and your family may receive based on your current earnings and how you can apply for such benefits.
This statement is automatically given to you every year.
Automatic statements are given three months before your birth month.
However there are various reasons why some workers do not receive their annual statement copies.
According to Social Security Administration (SSA), you may not receive your Social Security Statements if:
• Your age is below 25
• You are already receiving Social Security Benefits (like SSDI or Retirement) on your record
• SSA does not have a record of your current mailing address
• Your age is 62 years or above and is receiving Social Security Benefits on someone else’s record
• You are a Medicare beneficiary
• You already requested for a statement within the past 11 months
To request for a copy of your Social Security statement, you can either g to their website or mail the Social Security Request Form (SSA-7004) on the address indicated on the form.
The information needed t process your request are:
• The name indicated on your Social Security identification card
• Your Social Security Number or SSN
• Your date of birth
• Your place of birth.
• Your mother’s maiden name
Since the benefits shown on your Social Security Statement are just estimate of what benefits you can avail based on your “current” earnings, you my also request the SSA to include in the statement the benefits you and your family will be eligible in the future or more specifically, on your planned retirement age.
To get an estimate of your future benefits, you should include the following details:
• Your total earning’s last year and an estimate of your current and future earnings.
• Your estimated retirement age.
Once a request is sent, you may expect your requested copy of statements through US mail in two to four weeks.
The Social Security Statement serves the following purposes:
• Provides you with general information about the benefits provided by the Social Security Administration aside from retirement like Social Security Disability Insurance and Survivor benefits.
• It also helps you monitor the reported earnings you gained through your and your employer’s payment of Social Security taxes.
• It lets you check if important information, such as your name and birth date, are correct in the SSA’s records. It may sound simple, but a simple mistake can complicate your application of benefits.
Tuesday, April 20, 2010
Overview of California’s Temporary Disability Benefits
Only five states in the United States provide or require employers with temporary disability benefits.
Those states are:
• New York
• Hawaii
• New Jersey
• Rhode Island
• California.
It is often mistaken for worker’s compensation because both provide partial income for short term disabilities, but there is a key difference between the two.
The main difference between the two is qualification or in particular, the circumstances where the worker sustained the disabling injury.
To qualify for worker’s compensation, the disabling injury must have been sustained in the workplace or while on the job.
For temporary disability benefits, the disabling injury must have been sustained outside of the workplace and not while working.
In California, the temporary disability benefit is called California Disability Insurance or SDI.
Qualifications:
To qualify for California SDI, you of course have to have sustained a disability outside of the workplace that is not expected to last for more than a year.
The disability must prevent you from working or you will not be qualified for the benefit.
You should submit a “Doctor’s Certificate” to support your disability claim.
In addition, you must be eligible for SDI.
An employee normally have to work for a certain period of time (service wait) before being eligible for SDI benefits.
Payment and Income
The California SDI is being funded by state taxes that are being deducted from the employee’s payroll.
If a worker is qualified for SDI benefits, they are eligible to receive about two thirds of their average weekly earnings.
The rate will depend on minimum and maximum amounts that the legislature determines and the date of the claimant’s injury.
Time Frame and Terms of Payment
The California SDI will be able to provide you with partial income for a maximum of one year.
The temporary disability benefits will be paid to you every two weeks from the time your SDI claim is approved.
The payments will end if any one of the following conditions is met:
• The payments has reached one year
• You return to work
• Treating physician releases your for work
• Treating physician determines that your injury reached a point of maximum improvement.
Pregnancy
Pregnancy is generally treated as temporary disability so pregnant women can qualify once they take their maternity leave.
Of course the employee’s doctor would also have to provide a certificate supporting that she will not be able to work due to her pregnancy.
As of now, California is the only state that provides benefits for paternity leave.
Those states are:
• New York
• Hawaii
• New Jersey
• Rhode Island
• California.
It is often mistaken for worker’s compensation because both provide partial income for short term disabilities, but there is a key difference between the two.
The main difference between the two is qualification or in particular, the circumstances where the worker sustained the disabling injury.
To qualify for worker’s compensation, the disabling injury must have been sustained in the workplace or while on the job.
For temporary disability benefits, the disabling injury must have been sustained outside of the workplace and not while working.
In California, the temporary disability benefit is called California Disability Insurance or SDI.
Qualifications:
To qualify for California SDI, you of course have to have sustained a disability outside of the workplace that is not expected to last for more than a year.
The disability must prevent you from working or you will not be qualified for the benefit.
You should submit a “Doctor’s Certificate” to support your disability claim.
In addition, you must be eligible for SDI.
An employee normally have to work for a certain period of time (service wait) before being eligible for SDI benefits.
Payment and Income
The California SDI is being funded by state taxes that are being deducted from the employee’s payroll.
If a worker is qualified for SDI benefits, they are eligible to receive about two thirds of their average weekly earnings.
The rate will depend on minimum and maximum amounts that the legislature determines and the date of the claimant’s injury.
Time Frame and Terms of Payment
The California SDI will be able to provide you with partial income for a maximum of one year.
The temporary disability benefits will be paid to you every two weeks from the time your SDI claim is approved.
The payments will end if any one of the following conditions is met:
• The payments has reached one year
• You return to work
• Treating physician releases your for work
• Treating physician determines that your injury reached a point of maximum improvement.
Pregnancy
Pregnancy is generally treated as temporary disability so pregnant women can qualify once they take their maternity leave.
Of course the employee’s doctor would also have to provide a certificate supporting that she will not be able to work due to her pregnancy.
As of now, California is the only state that provides benefits for paternity leave.
Friday, April 16, 2010
What You Should Know About Filing Permanent Disability Claims
Being disabled is a big blow to anybody. Aside from the emotional, psychological, and physical distress that comes with being disabled is the financial downside of the whole matter. Disabled people have special needs that need to be met, especially medications and physical therapy. Being able to make permanent disability claims would ease a lot of the financial burden on disabled people as well as their family.
One of the Social Security Administration’s scopes of support is with members who have disabilities. They are, however, very strict with approving applications for permanent disability claims. It’s important to understand that the Social Security Administration defines “disability” under very stringent conditions.
To be considered a eligible for a permanent disability claim and to be eligible for disability benefits, you must meet these qualifications:
• You must be unable to do the work you did before, and the SSA must decide that you are also unable to adjust to the work because of your medical condition
• The minimum length of time that the disability must last is one year, or it must be a disability that will result to death
Please note also that while other private companies that offer disability insurance may pay for partial disability, the SSA will only pay for total disability.
What if I still want to work?
There are special “work incentives” where you can keep receiving disability welfare benefits and Medicare while you try working. This will be considered a trial work period. If after 9 accumulative months you have been able to perform services that gave you “substantial” earnings (about $940 a month, $1,570 for those who are disabled due to blindness), your benefits will stop.
If for some time your employment stops and your disability still exist, the Social Security Administration can start paying your disability welfare benefits again.
What is the difference between SSDI and SSI?
The Social Security Administration gives out disability benefits through these programs. The Social Security Disability Insurance (SSDI) is paid through Social Security taxes paid by the people. To qualify for this, a member must have earned sufficient amount and work credits. The benefit received by the member is based on his/her Social Security earnings record.
The Supplementary Security Income (SSI), on the other hand, is a program supported by general revenue. Some of the factors needed to be qualified in this program are:
• Adults or children who are blind or disabled
• Has limited resources and income
• Meets living arrangement requirements
The amount of the benefits paid are based on the maximum Federal benefit rate and is usually either supplemented by the State or decreased based on the person’s income and resources.
Do children qualify?
Yes, children may qualify to make permanent disability claims. Under the SSI, a child (up to the age of 18) may be eligible for benefits if:
• He or she has a disability or impairment that is included in the disability list for children of the Social Security Administration. This list can be found at the SSA’s website.
• If the income and resources of his/her parent/s are within allowable limits.
Under the SSDI program, an adult child (18 years old or older) may qualify for disability welfare benefits if he/she meets the following conditions:
• The child has impairment or impairments that are under the list of disabilities for adults found in the SSA website
• The disability or impairment begun before the age of 22
• The adult child’s parent/s have worked long enough to get insurance from the Social Security Administration and are currently receiving retirement or disability benefits, or are deceased
Oftentimes the Social Security Administration does reject applications for permanent disability claims. In these cases, you have the right to be represented by a lawyer when filing for an appeal. It’s best to make sure that you have the best kind of help available to you
One of the Social Security Administration’s scopes of support is with members who have disabilities. They are, however, very strict with approving applications for permanent disability claims. It’s important to understand that the Social Security Administration defines “disability” under very stringent conditions.
To be considered a eligible for a permanent disability claim and to be eligible for disability benefits, you must meet these qualifications:
• You must be unable to do the work you did before, and the SSA must decide that you are also unable to adjust to the work because of your medical condition
• The minimum length of time that the disability must last is one year, or it must be a disability that will result to death
Please note also that while other private companies that offer disability insurance may pay for partial disability, the SSA will only pay for total disability.
What if I still want to work?
There are special “work incentives” where you can keep receiving disability welfare benefits and Medicare while you try working. This will be considered a trial work period. If after 9 accumulative months you have been able to perform services that gave you “substantial” earnings (about $940 a month, $1,570 for those who are disabled due to blindness), your benefits will stop.
If for some time your employment stops and your disability still exist, the Social Security Administration can start paying your disability welfare benefits again.
What is the difference between SSDI and SSI?
The Social Security Administration gives out disability benefits through these programs. The Social Security Disability Insurance (SSDI) is paid through Social Security taxes paid by the people. To qualify for this, a member must have earned sufficient amount and work credits. The benefit received by the member is based on his/her Social Security earnings record.
The Supplementary Security Income (SSI), on the other hand, is a program supported by general revenue. Some of the factors needed to be qualified in this program are:
• Adults or children who are blind or disabled
• Has limited resources and income
• Meets living arrangement requirements
The amount of the benefits paid are based on the maximum Federal benefit rate and is usually either supplemented by the State or decreased based on the person’s income and resources.
Do children qualify?
Yes, children may qualify to make permanent disability claims. Under the SSI, a child (up to the age of 18) may be eligible for benefits if:
• He or she has a disability or impairment that is included in the disability list for children of the Social Security Administration. This list can be found at the SSA’s website.
• If the income and resources of his/her parent/s are within allowable limits.
Under the SSDI program, an adult child (18 years old or older) may qualify for disability welfare benefits if he/she meets the following conditions:
• The child has impairment or impairments that are under the list of disabilities for adults found in the SSA website
• The disability or impairment begun before the age of 22
• The adult child’s parent/s have worked long enough to get insurance from the Social Security Administration and are currently receiving retirement or disability benefits, or are deceased
Oftentimes the Social Security Administration does reject applications for permanent disability claims. In these cases, you have the right to be represented by a lawyer when filing for an appeal. It’s best to make sure that you have the best kind of help available to you
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