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Thursday, July 29, 2010

What You Need to Know about Disability Income Insurance

When an individual acquires a disability, chances are he would not be able to continue working for a certain period of time. In worse cases, he may even be permanently disabled. How can he fund his medication and therapy if he cannot work?
Fortunately, disabled people today can obtain disability income insurance to receive benefits. There are different types of disability insurance and each of them offers financial assistance to disabled individuals:

Government-sponsored insurance programs
As the name suggests, these policies are offered by government agencies. The most popular government-sponsored insurance programs are the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI). Both these disability benefits are offered by the Social Security Administration (SSA) to qualified applicants.

Private employer-sponsored disability policies
Aside from the first category, disabled individuals can also obtain disability income insurance through company insurance policies sponsored by their employers. The employers do no provide the insurance per se; they just deal with an insurance company to cover their employees’ needs in case of emergencies. An example of this type of disability insurance includes Worker’s Compensation benefits.

Individual disability income insurance
Individuals who are well-off may be able to purchase their own disability insurance policy. Policy-holders of this type of disability insurance usually receive more benefits than the first two.

If you are planning to apply for disability income insurance, or even if you already have one, you might want to know how to calculate the monthly benefits you may receive. Here are some of the factors considered in calculating disability benefits:


• Employment salary – You will need to provide past and present employment records and show them to your disability insurance evaluator.

• Medical expenses – Medical bills, records and medication prescriptions should be filed and submitted to the agency or insurance company.

• Assets and properties – Bank accounts, other insurance policies, and properties are considered in some disability insurance policies such as SSI.
Applying for disability income insurance is essential for disabled individuals to fund their medication. However, the application process for such benefits is often complicated and tiresome. If you want to attain your goal much easier, hire a disability insurance attorney to handle the more difficult matters for you.

Tuesday, July 27, 2010

Disability Leave Laws for Pregnant and Disabled Employees

Disability leave may be considered as one of the most popular issues in the workplace today. Disabled, as well as pregnant employees certainly need disability leaves to cater to their medical needs. However, some employers do not grant them their requests and help support their medical expenses. What can employees do to oppose such wrongful treatments?

Fortunately, there are federal laws that prohibit employers from taking negative actions against disabled and pregnant workers. These laws require employers to grant leaves and financial support for their employees’ medical needs. These are some of these disability leave laws:


Americans with Disabilities Act (ADA)
An individual would be covered by ADA only if he cannot perform any gainful activity. Employees who are proven to have disability have the right to ask for emergency medical leaves to treat their condition. Employers and everyone in the workplace are also prohibited from taking any discriminatory actions against them. Certain job actions such as hiring, promotion, firing, and providing of salary increases should not be done based on the employee’s disability.

Rehabilitation Act
This federal law forbids anyone to discriminate against disabled individuals, as well as disability programs and agencies handled by federal government. Like the ADA, the Rehabilitation Act also does not allow disability discrimination in the workplace.

Family and Medical Leave Act (FMLA)
Enacted in 1993, the FMLA is the chief law that prevents disabled and pregnant employees from losing their jobs upon entering medical leaves. The FMLA also prohibits employers from retaliating against their disabled employees. It allows employees to have 12 weeks of unpaid leave in case of disability, pregnancy, or a serious illness of a family member. After the leave, the employee has the right to return to his original job.

These three federal laws aim for one goal – promote the interests and welfare of disabled, sick, and pregnant employees. If employers fail to observe the terms of these laws, their employees may file a disability discrimination lawsuit against them. If the employees win the dispute case, they may receive compensation for their employers’ damages as well as legal fees.
Disabilities, pregnancies, and other medical conditions that require medical help cannot be totally prevented. Employers should understand their employees’ situations and provide them the benefits they need.

Thursday, July 22, 2010

SSA Providing Disability Income Insurance

The Social Security Administration is a federal agency wherein people can receive benefits once they’ve become disabled or has retired from work. Workers, and even those who have limited income, can receive regular benefits once their eligibility has been proven.

For the disabled, there are two programs under SSA that can accommodate them. Adult and children who has a disability can receive benefits if they have limited income and resources under the Supplemental Security Income program. With the SSI program, even the blind and those aged 60 and over can receive benefits to assist them in their needs.

For workers, there is the Social Security Disability Insurance program that guarantees their disability benefits after having earned enough points by paying their social security taxes. These social security taxes are deducted from their salary and can be used once they’ve retired from work or have been disabled either because of an accident or an illness.

These benefits can also be extended to their beneficiaries. If their adult child has incurred disability before reaching the age of 22, then, they can receive benefits as well. In the event that the worker dies after completing his social security taxes payment, then, his beneficiaries can recover survivor benefits that are designed to assist them in their needs.

In proving the eligibility of an applicant, they must strictly comply with all the requirements needed by the SSA as they can still be rejected if they have insufficient proof of their eligibility to the said benefits. They must have all the requirements ready as soon as they file an application. The list of all requirements that will be needed can be found in the agency’s website as well as the application form that will be needed.

Once rejected, the applicants must seek the help of an expert social security lawyer who knows what should be done immediately after receiving a notice from the agency indicating the rejection of the application.

The applicants are not required to have a legal representation, however, they are expected to know the legal procedures and file necessary legal documents in appeals. So, it would be wise to contact a lawyer immediately to keep the case on the right track.

Friday, July 16, 2010

Eligibility and requirements for Social Security Disability claim

The federal government has implemented ways to assist citizens with disabilities. It provides monetary allowance to needy yet qualified employees with impairment.

The Social Security Administration (SSA) has a set of qualifications and requirements for the claimants to comply. After receipt, SSA evaluates applications. The outcome of your claim largely depends on your eligibility and medical records.

SSA has a distinct definition for disability. Disability refers to the incapacity of a person to perform substantial gainful activity due to medical or physical condition that is expected to last long term or result in death.

The claimant must prove that he or she cannot perform work duties at a current job, nor perform alternative jobs. Evidence should be presented to prove that the disability hinders the claimant in performing day-to-day functions and job responsibilities.

The SSA shortlists applicants who have adequate medical records that proves the severity of the physical/ mental condition. The SSA evaluates the claimant's ability to perform daily routines such as walking, moving, standing, seeing, hearing, and speaking.

Medical proof for disability

The claimant may present the following medical documents:

1. Diagnosis
2. Laboratory exam results
3. Medical certificate from the attending physician
4. Hospital bill receipts

The impairment of the claimant must match any of the recognized disability of SSA. If the claimant has no available medical document, the SSA will require him/her to undergo state health examination. All the documents and will be gathered to serve as a basis for evaluating the capability of the claimant to perform substantial gainful activity.

SSA will have the claimant undergo special medical examinations, if the impairment or illness is not included in the recognized disability list. State physicians may also conduct further observation to claimants who have history of past employment.

Substantial gainful activity is defined as a profitable job either full time or part time. SSA considers the claimants' education, employment history, age, and physical ability in deciding whether he or she qualifies for the Social Security Disability (SSD) benefits. The eligibility for SSD may be influenced by the claimant's past earnings while the symptoms has been manifesting.

If you want to avail of SSD benefits, go to the nearest Social Security office and complete the following:

1. Application form
2. Activities of Daily Living Questionnaire
3. Work History Report

With your application, enclose supporting documents and medical records as evidence of your disability.

Consult with a professional Social Security lawyer in Los Angeles to help you file a disability claim.

Wednesday, July 14, 2010

Social Security Disability Eligibility: Top 5 Questions

Obtaining disability benefits from the Social Security Administration (SSA) is one of the most reliable sources of financial support for a disabled individual.

However, it is also among the most difficult means to get monetary assistance from the government. If you are a disabled individual who is curious about social security disability benefits, here are some questions that may be boggling your mind:


1. How am I going to be eligible? That depends on the disability insurance you are going to apply. For Social Security Disability Insurance (SSDI), you should have been an SSA contributor for a number of years before you can receive a disability claim. On the other hand, Supplemental Security Income (SSI) applicants should meet a fixed financial limit to be made eligible beneficiaries.

2. How much will I get? This also depends on several factors: first is how much you have contributed to the SSA; and the amount of your current monthly income.

3. How long can I receive disability benefits? For both SSDI and SSI, you will continue to receive benefits until your condition has improved. In SSDI, your disability benefits will automatically be converted into retirement benefits once you reach your retirement age.

4. Are there alternative disability benefits offered by certain states? Yes. California, New Jersey, New York, Rhode Island, and Hawaii offer State Disability Insurance (SDI) for individuals who have disabilities. Some companies also offer special benefits for disabled people.

5. Who can help me file a disability claim? If you have a relative who has already approved to receive disability benefits, you can ask advice from him/her. A disability attorney is also a valuable partner in filing your application.

Now you know how to begin your disability benefit application, your next step is to choose what kind of disability benefit you would apply for. Ask your relatives and a legal expert regarding this matter for you to make an informed decision.

Disability insurance claims are benefits that should be available to every disabled individual in the country. But because they are not, you will need to have a lot of determination and patience before your application would be approved. Remember, there are millions of other disabled Americans out there trying to get a shot at disability benefits.

Thursday, July 8, 2010

Disability Case: Common Mistakes and How to Prevent It

The Social Security Disability Insurance is a benefit program administered by the Social Security Administration. The program is funded through payroll taxes and awarded to people who were employed before. Employees who are eligible for the SSDI are those who have worked for five of the last ten years before the SSDI application and are more than 65 years old. The physical or mental condition that they have must inhibit them from working for 12 months or longer.

The process of SSDI claims is complex, and the people who examine each application are very meticulous. Any mistake done by the applicant could mean rejection.

• The simplest mistake committed by applicants that entail grave consequences is leaving blank spaces or fields on the application form. This may be a simple mistake, but it can be grounds for denial.

• Diagnosis is not sufficient evidence to have the claim approved. Limitations, conditions, and symptoms should also be present.

• Downplaying the severity of the sickness or disability will put the claim in jeopardy. Answering the questions regarding disability should be done “as if it were one of the worst days,” but it should not be an exaggeration or a lie.

SSDI claims applied for the first time are often rejected, but what is important is to have the claim approved at the earliest possible time. If an applicant wants to have his claim approved earlier than usual, here are some simple tips that he may want to consider.

• Research is the key: Read about the disability based on symptoms and diagnosis. Include every bit of information on the claim to help examiners understand the applicant’s case.

• The physician’s support is also important: Word from the physician supporting the claim is significant. He’s the one who knows about the diagnosis and the current condition of the applicant.

• Disability should be backed by records: Keep medical information and records because they also provide support to the disability. Make copies of it if needed.

• Do not be discouraged: Rejection upon initial claim is normal. Don’t be discouraged and just file for reconsideration.

• Find good representation: A lawyer who specializes in disability claims can help the applicant not only during a hearing but throughout the application process. Law firms offering free disability case evaluation may help the applicant find the ideal lawyer for him.

Wednesday, July 7, 2010

Levels of appeal for Social Security Disability benefit claim

If your Social Security disability benefit application has been denied, don't lose hope. It is just a beginning for your claim process. You may file an appeal.

The Office of Disability Adjudication and Review (ODAR) handles all appeals and hearings for denied claims.

You are entitled to these levels of the appeal process:

1. Reconsideration. This level allows you to petition for review of your application. You need to fill out and submit a request for reconsideration form. You have 60 days from the denial date to file your petition. You may have to call or visit the Social Administration (SA) office to clarify the reasons on your claim rejection.

The SA personnel may explain to you what documents or medical records are lacking. He or she may also point out some misleading information in your application form or in your activities of daily living questionnaire form.

Within the 60 day review period, you may work out the needed requirements. This time, you have to carefully note the standards of SSA, and meet them. SSA has a list of accepted disability type; you may seek the help of a professional disability lawyer to help you fit with the qualifications.

2. Administrative Law Judge (ALJ) hearing. If your request for reconsideration had been denied, you have another chance. In this next stage, you will assert and request for a hearing. An Administrative Law Judge (ALJ) will be assigned to hear your case. He or she has not been involved with prior decisions on your claim. The hearing process at this stage may last from 6 months to 6 years.

You may submit additional medical evidence to substantiate your case. Your disability lawyer may help you produce further requirements in court.

3. Social Security National Appeals Council petition- If the Administrative Law Judge had denied your claim, you can still assert your claim. File another petition letter and address it to the Social Security National Appeals Council.

4. Federal court lawsuit. If all your efforts fail, you have one final chance to prove that your claim is worth an approval. File your case in federal court, and hire a professional disability lawyer to represent you.

There is a slight margin on being approved and rejected. It all boils down to eligibility and evidence.

Make sure your disability is included in the accepted list of SSA. Assert that your disability is expected to last long term and it hinders you from performing alternative job. Present adequate and correct medical records to prove your disability. Most of all, hire an expert Social Security and Disability lawyer in Los Angeles to help you win your case.

Monday, July 5, 2010

Disability Appeal: The Solution for a Denied Claim

Applying for disability benefits is a gruesome and difficult process. You spent weeks gathering the necessary documents and filing the claim, and months waiting for the decision. Unfortunately, the Disability Determination Services (DDS) agency of the Social Security Administration (SSA) decided to deny your disability claim. You failed, so what’s next?

Many people who have their disability claims denied just give up, which should not be the case. If you really want to avail the helpful disability benefits of the SSA, you should exhaust all possible options – and one is to file an appeal.

Filing an appeal has its advantages and drawbacks, and you should be aware of these before you proceed with your appeal:


• Advantage – Because the disability application was already been submitted, the evaluator or judge would be familiar with your case. In rare cases, some appeals are approved shortly after they have been filed.

• Disadvantage – Because the judge will review the disability claim for the second time, you will need to provide new information, documents and proofs of your eligibility. If you submit the disability claim without including new evidence or information, the judge would not consider it.

Filing an appeal is like having a second shot to get disability benefits. But similar to the first application, the appeals process also requires a lot of hard work from you and your legal adviser. The following are the steps you should take toward a disability appeal:


• Get an appeal form from the SSA and submit it. You can submit it through mail or online. Remember to make your appeal within the 60-day limit.

• Provide additional information for your appeal. This would give your claim more chances of getting approved. You may get more recommendations from disability medical specialists, and/or vocation experts.

• Attend hearings. You should not let the lawyer walk into the hearing without you. Your statements would be badly needed to help win your claim.

Although you can expect a lot from a disability appeal, you should still be prepared to be denied. According to statistics, only 1 out of four people who file an appeal is approved to receive benefits. However, it is still not the end as there are two more stages of appeal that you can use to become an eligible recipient of disability benefits.

Friday, July 2, 2010

Getting Free Disability Case Evaluation

Filing a claim for social security disability benefits can take up a lot of time and effort on the part of the claimant. These applicants dedicate their resources in filing their claims without the guarantee that it will be granted.
To avoid the hassle, it will be best to look for experts who offer Free Disability Case Evaluation. There are lawyers who specialize in these cases and so they can easily determine whether you are eligible for benefits even after the Social Security Administration has rejected your claims.
Applicants must keep in mind that though their claims have been initially rejected by the SSA, they can still file an appeal or comply with the directions of the agency.
Disability Benefits
People with disability are provided by the government with benefits that should help with their needs. There are two programs under the Social Security Administration that should answer to these needs – the Social Security Disability Insurance and Supplemental Security Income.
The Social Security Disability insurance caters to the needs of people who have paid enough social security taxes while they are working. It gives them benefits during their retirement or once they’ve become disabled. Disability benefits can also be extended to the worker’s certain family member which includes his unmarried adopted, biological, stepchild, or grandchild who incurred the disability before the age of 22.
On the other hand, Supplemental Security Income differs a lot from SSDI. Beneficiaries don’t have to earn points by working as the funds for these benefits come from the general taxes and not the social security taxes.
Aside from the disabled, people who are blind and elderly can also apply for SSI provided that they can prove their limited income and resources.
Applicants must first read the eligibility for each program before they apply and make sure to secure the necessary documents that will be submitted to the agency.
Even after the SSA rejects your claim, keep in mind that you can still receive your social security benefits after an appeal has been won. In these procedures, the presence of a lawyer is not required. However, these lawyers can efficiently present evidence in hearings and represent the best interest of his client.