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Wednesday, August 25, 2010

Social Security: An Overview on its Beneficial Programs

Social Security

Social Security is intended to provide security and to protect persons from unexpected disasters by spreading certain risks among all the members of the society for the intent to make sure that no single family will bear the full weight of such incidents.

Social Security Act

The Social Security Act is a law that tries to provide the basic needs of the retired individuals and those with disabilities.

The Social Security Act was signed on August 14, 1935 by Franklin D. Roosevelt, the one who introduced it in reply to the predicament that was the Great Depression.

Programs under the Social Security Laws

• Medicare

Medicare is a health insurance program of the United States that is intended for people age 65 or older. It helps with the expenses of health care but it does not cover the expenses of most long-term care or all medical costs.

There are some individuals who are younger than age 65 who can be eligible for Medicare. This includes individuals with disabilities and those that are suffering from amyotrophic lateral sclerosis (Lou Gehrig's disease) or permanent kidney failure.

Medicare is funded by a part of the taxes paid by employees and their employers and by the monthly premiums that are deducted from checks of Social Security.

• Supplemental Security Income (SSI)

The Supplemental Security Income or SSI is an income supplement program of the Federal government that is financed by general tax revenues and not by Social Security taxes.

SSI is intended to help blind, aged, and disabled individuals who have little or no income at all. It gives cash to meet the basic needs such as clothing, food, and shelter.

• Social Security Disability Insurance (SSDI)

The Social Security Disability insurance or SSDI is a program managed by the Social Security Administration (SSA) that provides benefits to individuals who are blind or have disabilities that are "insured" by the contributions of workers to the trust fund of the Social Security. The workers' contributions are based on your income or those of your parents or spouse as required by FICA or the Federal Insurance Contributions Act. The SSDI benefits are authorized by the Title II of the Social Security Act.

• Medicaid

Medicaid is a health insurance program that is jointly funded by the federal and state governments for needy and low-income individuals.

Medicaid covers children and individuals who are disabled, blind, aged, and other individuals who are qualified to receive income maintenance payments that are federally assisted.

Under 32 states and the District of Columbia, Medicaid eligibility is provided for individuals who are eligible for the benefits of the Supplemental Security Income (SSI). The Medicaid application in these states is also the SSI application and the eligibility begins the same months as the eligibility of the SSI.



Social Security laws are created to benefit those that are in need, specifically blind or aged persons or individuals who have disabilities. Hopefully, the US administration will acknowledge the programs' importance and continue to make provisions so as to keep the Social Security Act well and alive.

Monday, August 23, 2010

Top 6 Mistakes Social Security Attorney Services can Help you Avoid

More than sixty percent of all initial Social Security Disability Insurance (SSDI) claims are denied outright by the Social Security Administration (SSA).
That is why it is important that you get social security law attorney services when making an SSDI claim.

Studies show that the rate of approval increases with the presence of a disability lawyer to advocate for your benefits.
The presence of a social security law attorney also ensures that you do not commit some of the most common mistakes in SSDI.


Some of those mistakes include:

I. Not enough Credits

If you only worked for a short amount of time before you sustained your disabling condition, then you may not have contributed enough social security taxes to qualify for SSDI benefits.

Generally, you should have worked about 5 out of the last 10 years to qualify.

II. Short Term Disability

The SSA is pretty strict about this requirement.
To qualify for SSDI benefits, your disability should be expected to last for more than 12 months or may result in death.
If the disabling condition is expected to heal in less than a year, then you will not qualify.

You better seek other options such as worker’s compensation or state disability insurance.

III. Failure to File Appeal on Time

As said before, more than sixty percent of all initial applications are denied by the SSA.

The claimant then has 60 days to file an appeal for reconsideration.
If you fail to file an appeal on time, you may disqualify yourself from any further review of your SSDI claim.

IV. Failure to get Additional Evidence

Some claimants think that the reason they get denied is because of the evaluator and not their own documents.
They think that if they can get another evaluator to see their claim then it will get approved.

That is not the case.

Submitting the exact same claim with the same sets of evidence will result in the same outcome, which is rejection.

V. Being able to Work

The SSA will be investigating not only your ability to perform your old job but other work as well.

If the SSA discovers that you are still capable of working and perform substantial gainful activities, then your claim will be denied.

VI. Failure to Inform Doctor about Intention to file SSDI claim
Most claimants do not inform their own doctors that they are applying for SSDI benefits thus they do not get a report that is fit for their application.
A social security attorney can talk to your doctor and explain the rules and regulations of the SSA regarding SSDI so they can get a report that is consistent with those rules and regulations.

Getting Social Security Attorney Services

These mistakes could easily be avoided if only the claimants got the services of an expert social security attorney to guide them and represent them (if necessary) in their application.

So if you want to save time and effort, you now know what to do.

Thursday, August 19, 2010

Weigh your insurance options better: Long Term vs. Short Term Disability

If you have suffered serious injuries in an automobile accident, you can use either a Long Term or Short Term disability insurance coverage. These are benefit programs offered by private employers to their employees. In a group insurance policy, the employees share an equal amount for the health coverage.

It provides financial assistance when insured employees cannot resume work duties for a specified time due to impairment.

A disability can be a mental, physical, or psychological illness or condition that hinders a person from performing normal daily functions.

There are distinct goals and purposes for each disability programs. If you would like to file a claim, take a moment to evaluate your eligibility based on the following description:

Short Term Disability (STD) Insurance

Medical illness, physical injury, and pregnancy may hinder a workers' ability to perform daily work tasks. Your private insurer will provide you with an equivalent salary should the employee needs time off from work. It includes benefits that usually last up to 12 weeks. It pays a percentage of your salary spread over a period of time.

Long Term Disability (LTD) Insurance

Group health insurance coverage may include long term disability benefit. It provides financial assistance over a long period of time when employees suffer from serious injuries, chronic illness, or critical physical condition.

It gives health care, monetary allowance, and benefits to qualified insured employees who can no longer work. It usually succeeded the short term disability benefit, if the disability is expected to last for years or expected to lead in death.

If your employer does not offer long term disability benefit, you can purchase a plan from private insurers. The premium can be paid over from 2-10 years. You may need up to six months for the waiting period.

The government also offers a similar benefit program-- the Social Security Disability Insurance. Workers who have paid their FICA taxes for at least five out of ten years of working can be considered for the program.

Social Security Administration evaluates each claimant according to eligibility criteria. Generally, a claimant must have:

1. Sufficient records proving that the disability is expected to last long term or will eventually lead to death.

2. A disability that hinders normal daily functions.

3. The claimant cannot perform alternative work due to the lingering illness or disability.

SSDI serves as an early retirement benefit program for workers who can no longer reach the working retirement age due to disability. It returns your hard-earned benefit from the government without taking into account your current financial status.

Tuesday, August 17, 2010

Applying for Social Security Disability Benefits with Assistance from Attorney

Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits can be difficulty due to the different requirements for each program and the issues that are involved in the entire application process. It is fortunate that you can increase your chances of having a successful application or claim by working with a Social Security Disability attorney.

Remember that acquiring legal help is important because a simple mistake that you make while applying like failure to provide a certain document or record can result in the denial of your application.

Before you apply for disability benefits, your attorney will first try to determine what program is best suitable for you. In addition, he will also find out if you are really eligible to receive disability benefits. The Social Security Administration (SSA) only provides disability benefits to people who are suffering from a medical condition that prevents them from working and will last for at least a year or may cause their death.

SSDI

It is a federal program that gives monthly payments to you and some of your family members if you have paid your Social Security taxes and earned enough work credits. The credits that you will likely need is based on your age and the date when you were disabled. For example, you should have earned at least 20 work credits within the last 10 years prior to your disability.

If the SSA approves your application, the amount of benefits that you will receive will depend on your earnings record and age.

SSI

It is a joint program between state governments and SSA, meaning your eligibility and the amount of disability benefits that you will receive will be based on where you live.

You may be entitled to apply for SSI benefits if you are blind, disabled, or at least 65-years-old. Aside from these basic requirements, SSA will also look at your income and resources before it decide if you are eligible for this program.

Income

It is the money that you are receiving like pensions, wages, and Social Security benefits. In addition, it also covers the following:

• If you are employed, the agency will also count your net earnings
• Contributions or gifts
• Inheritance in property or cash
• Rental income





Resources

You may be entitled to receive SSI benefits if the amount of you resources will not exceed $2,000. Meanwhile, if you are married, your resources should not be over $3,000.

Here are some examples of resources:

• Cash
• Savings and checking account
• U.S. Saving Bonds

Friday, August 13, 2010

The Evaluation Process of Disability Claims

Before a person can receive disability benefits under Social Security, he must first apply for it and be accepted. However, applying is easier said than done. Aside from the requirements that may seem confusing to some, the long process and the wait may render a claimant impatient.
After submitting every document and proof needed to apply for any of the Social Security disability program, it will go through an evaluation process. Social Security Administration field offices and State agencies process all initial claims.
1. Social Security representatives in field offices obtain applications and non-medical requirements (e.g. employment period, age, monthly income) for the benefit programs.
2. It will be sent to the State agency or Disability Determination Services (DDS) for evaluation if the requirements were met. They are responsible for developing medical evidence. Also, they render initial determination regarding the disability claim with the help of a physician, psychologist, and other disability specialists. They may request for additional information and documents before determining whether or not a claimant is disabled under the law.
3. A consultative examination will follow if the information provided is inadequate for the disability to be properly evaluated. The claimant’s personal physician, if permitted by the DDS, or a different doctor will perform the procedure.
4. The DDS will then evaluate the medical condition and the non-medical eligibility requirements. They will consider the disabling diagnosis, severity, period of disability, and the limitation of activities which are mostly work-related (e.g. ability to walk, stand, sit, bend, kneel, lift, use hands, and remember instructions). Other disabling factors and the effect of medications taken are also evaluated.
5. Expect the decision to come in writing after six or more months. However, do not expect that the claim will be approved right away. Most initial applications for disability claims are denied.
6. If the claimant was found not disabled, the file is kept in the field office in case the claimant decides to appeal. The letter will explain as to why the application was rejected. However, if the application is approved, the SSA will complete any outstanding non-disability development and inform the claimant about the benefits amount and when it will start.
For claimants and medical practitioners who want to read more information about disability claims evaluation, the SSA has the “Blue Book” of information that focuses on the disability programs of the agency. A listing of impairments is also included on the book.

Wednesday, August 11, 2010

A Step-by-Step Guide toward Social Security Disability Benefits

Many disabled people today are applying for disability benefits offered by the Social Security Administration (SSA). However, a large percentage of these hopefuls get their applications denied. If you are also planning to apply for social security disability benefits you should be more prepared so you do not get denied. Just follow the simple steps below:

• Understand the term disability – Disability is a term that is defined by the Law. You should understand that benefits are only available for individuals who have specific health conditions that affect their lives significantly.

• Gather documents, records and files that are related to your application – If you think your health condition fits the definition of the term disability, start collecting information about your condition. Aside from medical records, you also need to file your employment records.

• Fill out the disability application form – You can fill out an online form, dictate information via telephone, or meet with an SSA representative. All methods are effective, but the easiest and most practical way is to through the Internet.

• Submit all necessary documents promptly – Do not make your disability evaluator wait. It usually takes weeks before an evaluator comes up with the application evaluation result.

• Ask a licensed physician to diagnose your condition – Just in case the medical records you submitted were not enough, a recent medical evaluation would do. Remember that the medical specialist should be licensed and recognized by the SSA.

While conducting these steps you may consult a lawyer who is knowledgeable regarding disability benefits. He would gladly help you gather information and assist you in your application. Once you submitted the disability application, you would have to wait several weeks before a decision is made.

If your application was approved, you would be assured to receive financial support for your medication. However, if your claim was denied, do not worry. About 2/3 of all disability benefit claims are rejected. In this case, you can file a disability appeal with the help of your lawyer.

Receiving disability benefits from the SSA is a great privilege. But in order to obtain such privilege you should have the determination and patience to pursue your application. Eventually, all your efforts would be rewarded.

Monday, August 9, 2010

Basic Concepts on Disability Insurance Benefits

Disability of a worker could be a result of a lot of factors. It can be caused by a disease, physical impairment, or an injury acquired from an accident.
It could have lots of devastating effects to a person. One of which is the inability of the disabled person to provide for his or his family’s financial needs.
There are, however, agencies that could cater to financial needs of the disabled.
Social Security Agency
According to the Social Security Agency (SSA), a person at the age of 20 has a 3-10 risks of having a disability before he reaches retirement.
The SSA provides disability benefits that would suit the beneficiary.
Types of Disability Benefits
There are two basic classifications of Disability benefits. First is where the benefits are extracted from Social Security taxes that are paid by the disabled. He should be working at least five years of the ten-year period before his accident. This is called the Social Security Disability Insurance (SSDI).
It is important to note that beneficiaries from SSDI can either be poor or rich for their benefits are guaranteed.
Second is the Supplemental Security Income (SSI). Unlike the SSDI, the funds used in this type of disability benefits are taken from general tax revenues.
Beneficiaries can be either poor or disabled. A person does not need to have work experience to qualify for this type of compensation.
Qualifications for Social Security Disability Insurance
• The person should have mental or physical condition that would prevent him from doing any “substantial gainful work”
• He must also be below 65 years of age
• His condition is to last for not less than 12 months.
• Has worked for at least five years within the ten-year period before he attained his condition.
There are at least five major types of social security disability beneficiaries. They are:
• Supplemental Security Income (SSI) beneficiaries
--- Beneficiaries are either poor or disabled. It is not important if he has worked before he is disabled or not.

• SSI Child's Disability beneficiaries
--- Beneficiaries are children who have become disabled before they have reached the age of 18.

• Disability Insurance Beneficiaries
--- Claimants must have worked for a number of years in the US before they are disabled to benefit from their paid social security taxes.

• Disabled Widow's and Widower's Beneficiaries
--- Beneficiaries must be at least 50 years old and have become disabled within a certain amount of time after his spouse has died. He must also have worked before he has become disabled.

• Disabled Adult Child Beneficiaries
--- The parents of the beneficiary must be dead or disabled before he reached the age of 22.

Process of getting these financial aids can take months and even years of reviews before approval.

Almost half of applicants for disability claims are rejected as only 52% of these applicants are successful in getting disability compensation.

If an applicant is rejected, there are still chances of receiving disability benefits. He is always allowed to consult a lawyer that could help him in his case.

There are lawyers who specialize in Disability claims. In California, there are Los Angeles Social Security Disability Lawyers that could help disabled or their legal heirs to claim the Disability benefit that they deserve.

Friday, August 6, 2010

Getting Disability Claims

There are people with disabilities who can never live life the way they want to. They are permanently burdened with their disabilities and, thus, could not do a productive job that would earn them money.
However, there are different disability insurances that a person can rely on to give them the financial stability they deserve.
The government has established an agency that would cater to the needs of a disabled person. The Social Security Agency offers financial benefits that would be sent to the disabled. This monthly compensation can help them maintain their medications and buy other commodities.

Types of Disability Insurance
There are different kinds of Disability Insurance that a person can apply for depending on his status. Here are some of them:
• Employer Disability Insurance
Employers give this benefit only to qualified employees. The coverage of the benefits of this insurance depends upon the agreement of the employer and the employee.

• State Disability Insurance
Beneficiaries of state disability insurance only cover those who are not recipients of employer disability insurance.

The disability must also be temporary and the person should be able to recover as benefits given to him will be deducted from his payroll.

• Social Security Disability Insurance
This type of disability insurance is under the Social Security Agency. Employees who have paid social security taxes and have completed a certain number of working years are the only ones entitled to SSDI claims.

• Supplemental Security Income for the disabled
A person who has not gained a certain amount of working years and/or are not payers of the social security taxes can claim Supplemental Security Income for the disabled at the Social Security Agency.
• Workers' Compensation Disability Insurance
This is a disability benefit given by a company to their employees who have incurred disability because of their job.
• Veterans' Disability Insurance
Members of the United States Veterans Benefit Administration can be the only beneficiaries of Veterans' Disability Insurance.

Disputes in Disability Insurance Claims
People rely on these insurance benefits to get through their daily lives. However, there are some who do not receive proper compensation from institutions that should be helping them.
There are scrupulous employers who trick their employees in believing that they are not entitled to a disability benefits so that they would be free from any liability especially when the employee was injured in his workplace.
Who Can Help Disability Insurance Beneficiaries
Processing of applications for these insurance claims can take months and even a year. And also, not all applications are granted. According to the Social Security Agency, they only approve an average of 52% of applications annually.
If you are a deserving applicant but your application has been denied, there are still remedies that can be done in order to get the monthly compensation you need. There are experts who can give you legal advices that you can follow for a speedy appeal.

Wednesday, August 4, 2010

Social Security: Choosing Between Retirement and Disability Benefits

Social Security Disability benefits are awarded to people stricken with an illness or disability. According to the Social Security Administration, a person with disability suffers from a physical or mental condition that is hindering him from doing any "substantial gainful activity." This condition is expected to last for 12 months or result in the person’s death.

Another prerequisite is at least five years of employment for the last 10 years of the person’s life, as of the disability’s starting date. The age requirement is any age under 65. Elderly people, specifically those who are between the ages of 62 to 64, are also eligible for Social Security’s early retirement benefits. This normally happens when they also become disabled by this age.

However, filing for early retirement, instead of SSD, entails penalty. Filing for SSD first avoids the penalties; also, the disability benefits are paid at full retirement age amount, rather than early retirement amount. For example, people who were born in 1944 will turn 66 by year 2010, which is their full normal retirement age. If they filed for early retirement at 62, a $1000 benefit will be reduced to $750, which is 25 percent lower than usual.

If the benefits are not enough for survival, the elderly may pursue early retirement and disability benefits at the same time. The conditions for Social Security retirement age and disability claims are different, depending on the claimant’s situation and the amount he paid over the years. Consulting an attorney may help the elderly decide on what to pursue for.

Once the person hits the full retirement age, he and his family are now eligible for retirement benefits. Family benefits for retirement include the following:


• Spousal: Filing for Social Security benefits will entitle spouses (must be 62 years old) to almost half of the full primary insurance amount.

• Children: Both children and grandchildren (unmarried and dependent on the retired) will receive one-half of PIA, up to a family maximum benefit.

• Divorced spouse: They are eligible for an amount equal to one-half of PIA, but the marriage should have lasted at least 10 years.

• Survivors’: If the retired person died and his spouse reached full retirement age, he/she will receive the benefits of the retired.

Monday, August 2, 2010

Surviving an SSI Hearing

Different insurance programs are offered by the Social Security Administration for the hardworking citizens of the country, most notably the SSDI and SSI. The Supplemental Security Income provides benefits to the mentally or physically disabled, old, and blind people who are 65 years old or older and have limited monthly income.
Unlike Social Security Disability Insurance, SSI benefits may be awarded to people despite not having previous employment history, since the fund is not dependent on payroll taxes or contributions. But that doesn’t mean that employed or previously employed people are not allowed to apply for SSI. The recipients may also be qualified for Medicaid benefits under the SSI.
As good as the benefits may sound, most of the applications for SSI, especially first-time ones, are denied. The most common reasons for denial are the following:
• Incomplete information: Some applicants fail to complete forms or submit necessary documents.
• The doctor’s information is not specific to the disability and limitations in the workplace.
• The information about work experience did not properly describe the limitations in performing tasks: Information regarding day-to-day activities, equipment, accommodation, and services in the workplace should be provided.
If an application for SSI is denied, the applicant may appeal the decision. An informal SSI disability hearing is done before an Administrative Law Judge. Appeal is also the chance for a denied applicant to supply the missing information he failed to add during the initial application. Make sure to be ready when facing the ALJ.
• Get a good representative. An attorney specializing in SSI or disability cases is the best man for this job.
• Complete the ALJ Preparation Form that will be sent. It should be returned within a few days. Make a copy of the completed form and go through it in order to remember its content, which will be uncovered during the hearing.
• During the day of the hearing, come early to court. This will give time for the attorney to run down the process of the hearing and clarify any questions about the disability.
• Be prepared to explain to the judge the disability and how it affects work.
• Provide background information about family members, friends or co-workers who can prove the effects of disability.
It will usually take the judges two to four months before finally giving the decision regarding the appeal.