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Tuesday, September 28, 2010

The Dos and Don’ts of Social Security

While it is true that most, or around 60 per cent, of the initial claims for Social Security are rejected, it does not mean that the claimant should already anticipate his failure or be discouraged. But it’s not because it was meant to fail, the claimant just did not do anything to prevent it and by doing so, he unknowingly sabotaged his own claim.

If you want your Social Security claim to be included in the approved 40 per cent bracket, learn to be positive. Avoid these actions or assumptions during application and review which may result to a denied Social Security benefits.

• Don’t apply or rush into an interview without even the slightest idea about Social Security claims.

• Don’t assume that the Social Security Administration will obtain all of your medical records and information. In preparing the required documents, getting the help of a lawyer will come in handy.

• Don’t turn down testing or treatment from a specialist, especially if the evaluators require you to take consultative examination for additional medical information. Refusal may cost your claim.

• Don’t act or look angry during the interview.

• Don’t give vague or unclear answers. Failure to be specific and answering “I don’t know” may result to the rejection of your claim because the detail asked may be important. Avoid being uncooperative or argumentative too.

• Don’t exaggerate your disability. The judge or examiner may think that your answers are not credible. Try to be specific; for example, tell the judge when the disability was at its worst and how long it lasted, or if the pain is recurring.
If there are things to be avoided, of course there are also things that could help you avoid rejection.

• Do provide a comprehensive medical and treatment information. Keep all the records of hospital and doctor visits if you received care.

• Do inform your doctor about the Social Security application, and ask for their support on the claim.

• Do agree to testing and visits, like the CE, if recommended.

• Do include all of your medical problems and the symptoms experienced on your application as they will strengthen the claim.

• Do prepare for the interview.

• Do come in to the interview pleasant.

• Do ask for an explanation if there was something that you did not understand.

• Do answer the question more specifically, as best as you can.

• Do get the help of an attorney as soon as possible

Thursday, September 23, 2010

Criteria for Social Security Disability Claimants

People with disabilities who want to apply for Social Security Disability benefits are expected to undergo an evaluation to determine whether one has a disability or not. The following are some of the factors of a disability and the disabled that are looked into.

• Employment and earnings – A claimant who can perform his job at some capacity and gets paid for more than $1,000 a month is considered not disabled by the Social Security Administration. The limited amount per month as of current year is $860.

• Severity – The disability should be “severe,” which means that it must reduce the claimant’s ability to perform basic activities that are needed in work like walking, speaking, hearing, understanding instructions, etc. A severe condition must also or is expected to last for more than a year.

• List of Disabling Conditions – The SSA has a list of disabilities in what they call the “Blue Book.” Disabilities include malignant brain tumors, severe epilepsy, and paranoid schizophrenia among many others. If a claimant’s disability is on the list and he also satisfied the earlier criteria, or if the condition is equally severe to the ones on the list, then he is approved. Those who have a disability not listed on the book have to continue on with the evaluation.

• Ability to Perform Previous Work – Disability must have prevented the applicant from performing the work he had done in the last 15 years. Medical records will be reviewed, or the claimant may have to undergo consultative examination.

• Ability to Perform Alternative Work – Despite disability, some people can still adjust and have a work that is different from what they previously did. If the condition, age, education, and past work experience show that such adjustment is unattainable, then the claimant is disabled.

• Special Situations – Military members who became disabled while on active duty or after October 1, 2001 can enjoy a speedy process of disability benefits application. Legally blind claimants are also allowed a greater wage cap limit.

o Blind – A person is blind if the vision on his better eye cannot be corrected for more than 20/200 or if the visual field is 20 degrees or less even with corrective lens. Additional health problems aside from vision problems are also considered by the SSA. The monthly earning for blind people for 2010 is $1,640.
Consulting the help of attorneys for Social Security Disability can also improve the claimants’ chances of having their application approved in the easiest way possible.

Tuesday, September 21, 2010

Who can qualify for Social Security Disability benefits?

An employee who gets injured in an accident can avail of Social Security Disability benefit. While waiting for Workers' Compensation benefit from the employer, you can file SS disability claim to receive financial assistance from the government.

If your injuries are serious, it will take longer for you to recuperate. You may not be able to resume your work post. Filing a Social Security Disability claim helps you receive monthly allowance while recovering from your injuries.

Who may qualify for Social Security Disability benefit claim?

An individual who has impairment for at least 12 months or is expected to last for years can qualify for Social Security disability benefits.

The claimant must prove the following:

1. The disability limits the person from engaging into substantial daily activity such as walking, moving, seeing, hearing, and speaking.

2. The impairment hinders the person from performing alternative work

3. The disability is serious to prevent the claimant from returning to work at a shorter time.

4. The impairment includes physical, medical, or psychological condition that hinders normal daily functions.


The claimant must submit the following documents:

1. Medical records and laboratory findings
2. Completed work history report
3. completed "substantial gainful activity" form
4. Additional documents relating to employment or disability

The claimant must submit medical records in accordance to the requirements and standards of Social Security. It includes laboratory findings, diagnosis, and reports from your attending physician.

The Social Security Administration (SSA) may evaluate these records and request for additional documents if the results do not clearly reflect your disability. The SSA may also ask you to undergo several medical exams to determine the extent of your disability.

The SSA will ask you to fill up the work history report to analyze previous and potential jobs that you can perform.

The completed substantial gainful activity form is necessary in determining how your physical condition limits your ability to perform day-to-day activities. SSA will ask you several questions relating to your medical treatment and how it affects your daily living
and potential to resume working.

You will have to assert that your current physical and medical condition prevents you from performing alternative work. Your disability is severe enough to perform daily functions and such condition is expected to last for more years.

Make sure that you have submitted adequate medical records for your train accident injury. You may have to wait at least three months for the processing of your claim.
Consult an attorney for Social Security disability in Los Angeles to help you file the claim.

Friday, September 17, 2010

Social Security and Other Benefits

In 1935, the Social Security Act was signed into law by Pres. Franklin D. Roosevelt as part of his “New Deal” or a series of economic programs aimed at restoring financial stability after the Great Depression. The law has been amended many times since then. Along with the act was the establishment of the Social Security Administration, the independent federal agency managing the programs of the mandated act, one of which is the Old-Age, Survivors, and Disability Insurance, now known simply as Social Security.
Social Security provides benefits to eligible workers and their families during the worker’s retirement, disability, or death. The general requirements for Social Security benefits include a) Payment of Social Security tax through payroll, and b) Enough credits or quarters of coverage.
• Retirement Benefits – From the name itself, these are benefits given to retired employees, but only to people who are 62 years old or older, and are retired or employed but have limited earnings. Those who have a spouse and unmarried children may also receive benefits if:
o spouse or non-working divorced spouse is 62 years old or older;
o non-working spouse or divorced spouse is younger than 62 and is caring for the children who are younger than 16 or disabled; and
o for divorcees, the marriage should have lasted for at least 10 years
• Disability Benefits – Disability is a physical or mental handicap that hinders one from having substantial gainful employment. This benefit is awarded to people who got disabled before reaching age 65. Other requirements include:
o Inability to do substantial work considering the age, education, and experience
o Impairment may result do death or expected to last 12 months or more
o Earned 20 credits in 10 years before the disability
• Survivors' Benefits: The following are the people eligible for survivors’ benefits.
o Widow/ widower 60 years old or older
o Widow/ widower 50 years old who became disabled within seven years after spouse’s death or within seven years from the time benefits were received
o Divorced spouse who met the first or second requirement and was married for at least 10 years to the worker
o Unmarried dependent child aged 18 or younger, or disabled.
People who want to receive merited benefits may have to acquire the help of an attorney for Social Security. Aside from this, there are a lot of other benefit programs offered by the agency.
• Railroad Retirement
• Supplemental Security Income
• Veteran's Benefits
• Employee Pensions
• State Financial Programs
• Elderly Rental Assistance

Wednesday, September 15, 2010

What You Need to Know about Disability Lawyers

Social Security benefits for people with disabilities are a big help to them. But the process of obtaining such benefits is easier said than done. That is where the uidance of a Disability Lawyer will come into play.
How do I choose a Social Security Disability Lawyer?
The directory, your state’s bar association, or the yellow pages are just some of the things you can start with. You may also rely on your family’s or friends’ referral. There are two types of advocates who can help you with disability case. The more obvious choice is of course an attorney. Los Angeles Social Security Disability lawyers are a good choice. But a non-lawyer representative can work too. That person must be someone who knows the in’s and out’s of disability claims, like a former Examiner for Disability Determination Services or a former health professional.
What does a Disability Lawyer have to do to prepare for a case?
Lawyers prepare by examining the claimant’s Social Security file and taking notes of it. Both old and new medical records should also be obtained and reviewed.
Can a lawyer speed up a Social Security Disability or SSI claim?
The lawyer’s job in a disability claim is not to speed up the approval of the claim. They are hired to increase the claimant’s chances of winning the benefits. However, there may be steps that a representative can do in order to speed up a case, though they are not a hundred percent guaranteed to work.
• Submitting the updated medical records and the reconsideration appeal at the same time.
• Having the claimant submit a “dire need” letter, along with the proper requirements.
• Obtaining updated medical records and requesting an "on-the-record-review" after submitting a request for hearing.
Do you have to have a lawyer for a SSD or SSI case?
In both SSD and SSI claims, the aid of a representative is not required. However, getting help from lawyer at initial stage may be advantageous since it avoids the burden of completing paperwork and doing follow-up. You may either get help at initial level or not. If the claim is denied, it’ll be better to acquire representation since the case will most likely end up in the hands of an Administrative Law Judge.
What if I’m not satisfied with the representation I have?
There is no harm in finding a new representative for your case. Before making a switch, try to communicate your concerns with your current representative. Sort out the issues first and if there is indeed a lack of adequate representation, make the change.

Thursday, September 9, 2010

A Walkthrough on the SS Disability Determination Processes

There are two kinds of Social Security Administration disability programs so in order to get through your application hassle free, it is important to distinguish the two and know the SS disability determination processes.

Generally, one may be eligible for social security disability benefits if you cannot work because of a physical or mental condition that is expected to last at least one year or result in death. The SSA implements Social Security Disability Insurance (SSDI) which is based on the number of tax credits you’ve incurred while working while the Supplemental Security Income (SSI) program is available for people with disabilities, including children, who have little income and few resources.

While the qualifications and eligibility requirements for both programs are clearly different, the SS disability determination processes for both remain the same.

Here is a walkthrough on the social security disability benefits determination process:

• Upon completing an application for Social Security Benefits and the Disability Report (which may be accomplished online or submitted to your local Social Security office), it shall be initially processed through the local SSA field offices and the Disability Determination Services (DDS).
• The SSA field office verifies your non-medical eligibility requirements which shall then be sent to the DDS for evaluation of disability. The DDS is responsible for making the initial determination whether or not you fall under the legal definition of disabled or blind.
• The determination shall be based on evidence from the claimant’s submitted medical sources. If the information is incomplete or unavailable, the DDS shall arrange for a consultative examination for the information needed. While generally, the consultative examination should be in the DDS’ preferred source, consultative examination from independent sources may also be accepted.
• Upon the completion of evidence, trained staff in the DDS shall make the initial disability determination.
• After the determination of the DDS, the case shall be returned to the field office for appropriate action whether benefits shall be paid or if the file shall be kept in the field office if the claim is rejected.
• If the claim is rejected at the disability determination process, the applicant may undergo the process of reconsideration and appeal.

Bear in mind that if you want to apply for SS disability benefits, apply as soon as possible because it can take a long time to process your application. If you want more tips or advice on how best to handle your SS disability claim, consult with a social security disability attorney.

Tuesday, September 7, 2010

Answering FAQs on Long Term Disability (LTD) Insurance

Acquiring a long term disability may cause emotional and financial problems because you will be required to pay for all your medical and rehabilitation bills, though you cannot work due to your condition

Fortunately, you can receive disability benefits from Long Term Disability (LTD) Insurance. To learn more about this program, read the following FAQs that are connected with it:

Q: What is LDT?

A: It is a private insurance program that replaces a part of your loss salary if you are suffering from a long term disability. Its coverage can last for one year or longer.

You can receive disability benefits if you are included in an individual or group program. Individual coverage may be bought directly from insurance brokers. You can buy it of you did not receive any medical treatment for any disabling condition for the past 10 years.

Meanwhile, group coverage may be offered by your employer or a professional association or group.

Q: How much money will I receive from LTD Insurance?

A: It will provide you with a monthly salary replacement, which can either be a specific dollar amount or a part of your gross pre-disability earnings. Remember that variations may exist so it is advisable that you read the summary plan description to know more details regarding the issue.

Q: What is a pre-existing condition under an exclusionary period?

A: It covers any medical condition for which you acquired medical care for around three to six months before the effective date of your LTD Insurance. Be sure to check if your plan has a “pre-existing conditions exclusionary period.”

During this time, your plan will not cover all medical conditions that you are suffering from. These conditions will only be covered after the allotted exclusionary period ended.

Q: How long will my LTD Insurance coverage last?

A: Your coverage may last from one year up to your retirement age.
Q: Are there other programs that can provide disability benefits?

A: Yes. Government administered programs like Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) can provide you with disability benefits, provided that you were able to comply with the requirements of each program.

SSDI only provides disability benefits to individuals who are unable to work due to an illness or injury that will last for at least a year or may cause their death. The Social Security Administration (SSA) does not provide financial assistance to those who are only suffering from short-term or partial disability.

Wednesday, September 1, 2010

Disability Laws in California

People with disability are just one of the groups of people who unfortunately always seem to experience unfair treatment in almost every aspect of life. That is despite the many federal laws enacted to protect their interest. The Americans with Disabilities Act, Rehabilitation Act, and the Air Carrier Access Act are federal laws that give equal rights to this group of people, whether in terms of employment, access to private and government services, and transportation.
The state of California also enacted the following laws for people with disabilities:
• Unruh Civil Rights Act: The Unruh Civil Rights Act protects people from age, ancestry, color, disability, gender, national origin, race, religion, and sexual orientation discrimination by business establishments in California, including housing and public accommodation.
• California Civil Code Sections 54 to 55: This section states that individuals with physical or medical conditions have the right for the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, and other public places. The law also includes the right to access all housing accommodations, transportation, and service dogs for people with disabilities, which are equal and similar to the right of the general public.
• California Building and Standards Code Title 24: Also known as Physical Access Regulations, this is a comprehensive set of standards that covers the important areas of accessibility for people with physical and sensory disabilities. It is designed to comply with the requirements of ADA and other state statutes.
• California Government Code Section 11135-11138: This section brings into state law the requirements of the ADA Title II (accessibility to government programs) and the standards of Rehabilitation Act’s Section 508 (accessibility of electronic and information technology). It prohibits discrimination in any program or activity conducted or funded directly by the state government.
• Fair Employment and Housing Act: Under FEHA, discrimination in employment and in all aspects of housing (e.g. rental, lease etc.) are prohibited. Forms of discrimination that are illegal are the following: age (40 and over), ancestry, color, creed, disability (mental and physical), gender, marital status, national origin, race, religion, and sexual orientation.
For disabled people who feel like they have been discriminated against or were not treated like an ordinary person, there are a lot of disability law attorneys in Los Angeles who are available to help. They can help obtain justice, as well as the compensation the disabled deserve for the discrimination they experienced.