The recent economic problems that the country is experiencing today may affect even the social security benefits that claimants may receive, especially those who are retiring from employment and those with disability.
Only recently, the federal government has announced that no increase in the social security cost-of-living adjustment will be made for 2011.
The Social Security Administration (SSA) has made efforts to strengthen its retirement program amidst the pressing economic condition. Senate officials have campaigned for the implementation of additional medical and health care benefits for the retiring baby boomers.
The Social Security retirement benefit program provides financial assistance for insured members who have reached the full retirement age. It gives monthly allowance plus other government-sponsored benefits.
Here are some frequently asked questions on filing an SS retirement benefit claim:
Q: Who can avail of SS retirement benefits?
A: Employees who have paid federal taxes and have gained at least 40 credits can apply for SS retirement benefits. This means that a worker born in 1929 or later will have to render an equivalent of at least ten years of work.
Employees who have not met the required number of credits and years of work can apply for Social Security Disability Insurance (SSDI) benefit program, if illness or impairment has compelled the individual to stop working. SSDI provides an equivalent amount of benefits as SS retirement program does. However, SSDI implements stringent rules in qualifying for SSDI program.
Q: How does the Social Security Administration determines the retirement age?
A: For individuals who are born in 1943-1954, the full retirement age is 66. Several months are added for years 1955-1959. Citizens, who are born in 1960 and later, have to comply with the full retirement age requirement of 67.
Q: What is the minimum age requirement for applying for SS retirement benefits?
A: You can choose to avail of SS retirement benefits as soon as you reach 62 years of age. However, the amount of benefit that you will receive is lower than your supposed full retirement benefit amount. Retiring at age 62 may reduce your benefits by 25 percent.
Q: How much will the SS retirement benefit be?
A: SS retirement benefit amount depends on the range of your earnings throughout your working years. If you have consistent higher earnings, you will receive higher SS retirement benefit amount. Months or years that you have not worked or paid your SS taxes, can reduce your SS benefit amount.
Consult with a Social Security lawyer in Los Angeles to help you file your SS retirement benefit claim.
Wednesday, October 27, 2010
Friday, October 22, 2010
Top 5 reasons why your Social Security Disability claim is denied
Receiving a denial notice on your Social Security Disability claim may be as painful as your current surgery. However, you don't have to give up easily on your SS Disability claim.
There are reasons why your claim is denied. Mostly, it is due to the claimant’s failure to meet Social Security Administration standards. It is not enough that you have completed the medical records; you need to submit the correct documents that SSA needs to substantiate your claim.
To ensure a winning claim on your second attempt, it is best to hire a Social Security Disability lawyer to help you analyze what went wrong and implement steps that will help you receive your deserved benefits in less time.
Here are some areas in your Social Security disability claim that needs further evaluation:
1. The facts written on your Substantial Gainful Activity (SGA) form. You might have written inconsistent reports on your day-to-day activities. Cooperate with your lawyer and write a letter stating the clarifications on your SGA form.
2. The facts written on your Work History Report. The statements you have written might have created an impression that you can still perform an alternative job. Include in your letter the clarification on your current physical and mental ability.
You may attach additional medical records to prove your statements. You can obtain a medical certificate from your attending physician, stating how your disability hinders you from resuming to work or performing alternative job.
3. Insufficient medical records. Your hospital might not have forwarded the requested medical records to SSA. You have failed to follow up the progress on such request and it led to the denial notice. Call the hospital or ask your family member to retrieve the needed medical records.
4. Your average monthly income. If you have written more than $940 of average monthly income, it is the reason for your denied SS disability claim. SGA limits earning capacity below $940.
5. Your disability will not last more than a year. SSA stipulates that the disability must be severe enough to last more than 12 months, or the medical condition may eventually lead to death.
You can file a reconsideration or appeal to have the SSA re-evaluate your SSD claim.
Complete the SSA-561-U2 (Request for Reconsideration) form or SSA-3441-BK (Disability Report -- Appeal) form. Attach the additional medical records and documents along with your formal letter.
There are reasons why your claim is denied. Mostly, it is due to the claimant’s failure to meet Social Security Administration standards. It is not enough that you have completed the medical records; you need to submit the correct documents that SSA needs to substantiate your claim.
To ensure a winning claim on your second attempt, it is best to hire a Social Security Disability lawyer to help you analyze what went wrong and implement steps that will help you receive your deserved benefits in less time.
Here are some areas in your Social Security disability claim that needs further evaluation:
1. The facts written on your Substantial Gainful Activity (SGA) form. You might have written inconsistent reports on your day-to-day activities. Cooperate with your lawyer and write a letter stating the clarifications on your SGA form.
2. The facts written on your Work History Report. The statements you have written might have created an impression that you can still perform an alternative job. Include in your letter the clarification on your current physical and mental ability.
You may attach additional medical records to prove your statements. You can obtain a medical certificate from your attending physician, stating how your disability hinders you from resuming to work or performing alternative job.
3. Insufficient medical records. Your hospital might not have forwarded the requested medical records to SSA. You have failed to follow up the progress on such request and it led to the denial notice. Call the hospital or ask your family member to retrieve the needed medical records.
4. Your average monthly income. If you have written more than $940 of average monthly income, it is the reason for your denied SS disability claim. SGA limits earning capacity below $940.
5. Your disability will not last more than a year. SSA stipulates that the disability must be severe enough to last more than 12 months, or the medical condition may eventually lead to death.
You can file a reconsideration or appeal to have the SSA re-evaluate your SSD claim.
Complete the SSA-561-U2 (Request for Reconsideration) form or SSA-3441-BK (Disability Report -- Appeal) form. Attach the additional medical records and documents along with your formal letter.
Tuesday, October 19, 2010
Where to find a trustworthy lawyer for your Social Security disability claim
Receiving a denial notice for your Social Security disability claim is as painful as your sustained injuries. However, you don't have to lose hope. Such letter is just the beginning for the process of your claim.
There are reasons why your claim is denied, it can be the insufficient medical records, inconsistencies in the questionnaire forms, or failure to follow up your claim.
You can hire an experienced Social Security disability lawyer to help you clarify the facts in your application/Substantial Gainful Activity/ Work History Report. Your lawyer can file a reconsideration and appeal for your claim and assert the reasons why you deserve the disability benefits. You can submit additional medical records to substantiate your case.
But where can you find a reliable and trustworthy lawyer who can handle your case?
Getting an expert lawyer is easy, but finding a trustworthy lawyer is difficult. When looking for a lawyer you will have to verify the profile, the good moral character, the client feedback, personality and methodology in handling cases.
The success rate must correspond with the client feedback. You can run background check and interview former clients to verify if what the lawyer professes is true.
Here are some suggestions where you can find a good lawyer:
1. Personal referrals- Interview people in your community that have similar disability cases with you. Ask who their lawyers are and listen to their feedback. Ask for contact numbers and the specific law firm addresses. Note the positive and negative comments and make sure to write them down. Weigh the pros and cons and see if you can find a good match to your needs.
However, be careful on relying on client feedback alone. Try to have a personal interview with the lawyer. You can have a family member help you or come up with a family decision in choosing the right lawyer for your case.
2. Internet lawyer's directory- Technology has enabled to come up with a database for legal practitioners in each state. You can browse through the internet and search per category on your preferred lawyer profile and expertise.
3. Non profit organizations- Get in touch with organizations in your community or state. Search for a specific interest group that caters to people with disabilities.
4. State law librarian- You can ask your state law librarian on expert legal practitioners who have the highest success rate in litigating social security cases.
An efficient and trustworthy Social Security disability lawyer can increase your chances of winning an appeal claim.
There are reasons why your claim is denied, it can be the insufficient medical records, inconsistencies in the questionnaire forms, or failure to follow up your claim.
You can hire an experienced Social Security disability lawyer to help you clarify the facts in your application/Substantial Gainful Activity/ Work History Report. Your lawyer can file a reconsideration and appeal for your claim and assert the reasons why you deserve the disability benefits. You can submit additional medical records to substantiate your case.
But where can you find a reliable and trustworthy lawyer who can handle your case?
Getting an expert lawyer is easy, but finding a trustworthy lawyer is difficult. When looking for a lawyer you will have to verify the profile, the good moral character, the client feedback, personality and methodology in handling cases.
The success rate must correspond with the client feedback. You can run background check and interview former clients to verify if what the lawyer professes is true.
Here are some suggestions where you can find a good lawyer:
1. Personal referrals- Interview people in your community that have similar disability cases with you. Ask who their lawyers are and listen to their feedback. Ask for contact numbers and the specific law firm addresses. Note the positive and negative comments and make sure to write them down. Weigh the pros and cons and see if you can find a good match to your needs.
However, be careful on relying on client feedback alone. Try to have a personal interview with the lawyer. You can have a family member help you or come up with a family decision in choosing the right lawyer for your case.
2. Internet lawyer's directory- Technology has enabled to come up with a database for legal practitioners in each state. You can browse through the internet and search per category on your preferred lawyer profile and expertise.
3. Non profit organizations- Get in touch with organizations in your community or state. Search for a specific interest group that caters to people with disabilities.
4. State law librarian- You can ask your state law librarian on expert legal practitioners who have the highest success rate in litigating social security cases.
An efficient and trustworthy Social Security disability lawyer can increase your chances of winning an appeal claim.
Thursday, October 14, 2010
Getting the Best Results in a Social Security Disability Appeal
Filing a social security disability claim is a difficult task, but making an appeal is considered even more difficult. Aside from thinking about the claim itself, you also need to consider the reason why it was not approved in the initial application. Given these circumstances you will definitely need a disability lawyer in Los Angeles to guide you in your appeal. Here are some of the things you need to do in order to have a successful social security disability appeal:
• Review your disability status – In order to become an eligible recipient of social security disability benefits, your disability should be included in a list made by the Social Security Administration (SSA) for their claimants. You should also be unable to perform any substantial gainful activity (SGA) to become classified as disabled.
• Check if there are enough medical documents to verify your condition – If you lack several documents, take time to gather, verify, and include them in your appeal. Your lawyer or legal representative can do these important tasks for you.
• Provide new proof to become an eligible recipient of disability benefits – In a reconsideration or appeals process, there should always be fresh information. Otherwise, the reviewer may just dump your application again.
• Submit the appeal promptly – You only have a certain amount of time to file the appeal. You will not be allowed to submit the appeal if you go beyond the deadline.
• If the appeal fails, consider your options – Once your initial application is turned down, you will have four chances to make an appeal. The first one is a reconsideration, second is a hearing, third is with the Social Security Appeals Council and the last one is in federal court.
Always remember these things when you are filing an appeal for your disability application. If you need legal help, a disability attorney in Los Angeles can always represent you in hearings or meetings. His experience, knowledge, and skills would surely become essential factors in your claim and appeal.
Every disabled individual’s top priority should be to obtain disability benefits from the SSA. However, there are still other disability benefits that he can get such as the California State Disability Insurance (SDI) from the state department and Workers Compensation from his employer. While these two benefits do not offer as much as the SSA disability benefits do, they can still be valuable for individuals who need immediate financial assistance.
• Review your disability status – In order to become an eligible recipient of social security disability benefits, your disability should be included in a list made by the Social Security Administration (SSA) for their claimants. You should also be unable to perform any substantial gainful activity (SGA) to become classified as disabled.
• Check if there are enough medical documents to verify your condition – If you lack several documents, take time to gather, verify, and include them in your appeal. Your lawyer or legal representative can do these important tasks for you.
• Provide new proof to become an eligible recipient of disability benefits – In a reconsideration or appeals process, there should always be fresh information. Otherwise, the reviewer may just dump your application again.
• Submit the appeal promptly – You only have a certain amount of time to file the appeal. You will not be allowed to submit the appeal if you go beyond the deadline.
• If the appeal fails, consider your options – Once your initial application is turned down, you will have four chances to make an appeal. The first one is a reconsideration, second is a hearing, third is with the Social Security Appeals Council and the last one is in federal court.
Always remember these things when you are filing an appeal for your disability application. If you need legal help, a disability attorney in Los Angeles can always represent you in hearings or meetings. His experience, knowledge, and skills would surely become essential factors in your claim and appeal.
Every disabled individual’s top priority should be to obtain disability benefits from the SSA. However, there are still other disability benefits that he can get such as the California State Disability Insurance (SDI) from the state department and Workers Compensation from his employer. While these two benefits do not offer as much as the SSA disability benefits do, they can still be valuable for individuals who need immediate financial assistance.
Tuesday, October 12, 2010
The 3 Most Important Requirements of SSDI
Having your Social Security Disability Claim approved can be more difficult than you think.
In fact, it is so difficult that 60-70 percent of all initial applications have been denied by the Social Security Administration (SSA).
The benefits are highly regulated so it will take more than perseverance and effort to get approved.
In fact, instead of working hard, you have to be working smart; and the smartest thing to do in these cases is to consult a Social Security disability Attorney to help you in your claim.
To help you understand, here are the three major requirements of Social Security Disability Insurance (SSDI) and how a disability lawyer can help you.
Social Security Credits
The first requirement that you need to make sure you meet is sufficient social security credits.
This refers to the social security taxes you and your employer has paid to SSA in your behalf.
The SSA sends out a Social Security Statement to all its members and it will indicate if you are qualified for SSDI and other types of SSA regulated benefits.
Your attorney can also determine if you qualify for the benefit through your current age and year when you sustained your disabling condition.
If you do not have enough credits, the attorney can point you to other options such as worker’s compensation and state disability insurance.
Disabling condition
The next requirement is proving that you have a long term disability.
To do that, you have to show that your disabling condition is expected to last more than 12 months or may result in death.
Your disability attorney will first check if your condition is under SSA’s Impairment Manual that will make it easier for you to prove your disability.
If not, then your attorney will help you gather more medical evidence and will also talk to your doctor to get his support on your disability claim.
Inability to Work
This is where a lot of SSDI claims get denied as claimants fail to prove that they are no longer to able to make substantial income.
The SSA will test not only your ability to perform your old job but your ability to shift to another job as well.
However, contrary to popular belief, you are actually allowed to work while applying for or receiving SSDI benefits.
That is as long as your monthly earnings is below the substantial gainful activity (SGA) standard, which is $1,000 this 2010.
Aside from gathering medical evidence, your disability attorney can also help you gather vocational evidence to prove your inability to earn above the SGA.
For more information, consult a Social Security Law Firm to know how much more they can help your SSDI claim.
In fact, it is so difficult that 60-70 percent of all initial applications have been denied by the Social Security Administration (SSA).
The benefits are highly regulated so it will take more than perseverance and effort to get approved.
In fact, instead of working hard, you have to be working smart; and the smartest thing to do in these cases is to consult a Social Security disability Attorney to help you in your claim.
To help you understand, here are the three major requirements of Social Security Disability Insurance (SSDI) and how a disability lawyer can help you.
Social Security Credits
The first requirement that you need to make sure you meet is sufficient social security credits.
This refers to the social security taxes you and your employer has paid to SSA in your behalf.
The SSA sends out a Social Security Statement to all its members and it will indicate if you are qualified for SSDI and other types of SSA regulated benefits.
Your attorney can also determine if you qualify for the benefit through your current age and year when you sustained your disabling condition.
If you do not have enough credits, the attorney can point you to other options such as worker’s compensation and state disability insurance.
Disabling condition
The next requirement is proving that you have a long term disability.
To do that, you have to show that your disabling condition is expected to last more than 12 months or may result in death.
Your disability attorney will first check if your condition is under SSA’s Impairment Manual that will make it easier for you to prove your disability.
If not, then your attorney will help you gather more medical evidence and will also talk to your doctor to get his support on your disability claim.
Inability to Work
This is where a lot of SSDI claims get denied as claimants fail to prove that they are no longer to able to make substantial income.
The SSA will test not only your ability to perform your old job but your ability to shift to another job as well.
However, contrary to popular belief, you are actually allowed to work while applying for or receiving SSDI benefits.
That is as long as your monthly earnings is below the substantial gainful activity (SGA) standard, which is $1,000 this 2010.
Aside from gathering medical evidence, your disability attorney can also help you gather vocational evidence to prove your inability to earn above the SGA.
For more information, consult a Social Security Law Firm to know how much more they can help your SSDI claim.
Thursday, October 7, 2010
Application requirements for Social Security Disability benefits
While waiting for the decision of your Personal Injury case, you can file a Social Security disability benefit claim to receive monthly allowance for your medication.
While going through the process of your accident litigation, you can seek financial assistance from the federal government through your Social Security benefits.
The Social Security Disability Insurance (SSDI) provides monetary benefits to insured citizens who can no longer work due to serious and long term impairment.
It serves as an alternative for aged employees who have not reached full retirement age due to illness or disability. It has an equivalent benefit amount and privileges with Social Security Retirement program.
The Social Security Administration (SSA) accepts and screens application for the SS Disability program. SSA defines disability as physical/mental/psychological condition that limits a major life activity. Some examples are: walking, moving, seeing, hearing, speaking, and thinking.
The impairment must be serious and is expected to last for at least 12 months; it may eventually lead to death. The claimant must prove that the disability hinders him/her from performing alternative work. He/she must satisfactorily fulfill the SSA's requirements.
Some of these are:
1. Application form. The claimant must fill up the application form and attach documents such as: Social security number, birth certificate, marriage certificate, and other pertinent documents.
2. Work history report. The claimant must summarize previous job experiences and skills acquired. This serves as a useful reference when evaluating your claim.
3. Substantial Gainful Activity- The claimant must provide information on his/her day-to-day activities. This can serve as a useful means to measure the extent of your adjustment to your physical condition and environment. Give details if necessary. Specify the type of daily body functions that you can do.
4. Medical Records- The claimant must provide SSA with medical treatment results such as laboratory exams, diagnosis, summary of medical treatment performed, and certification from attending physician.
The SSA verifies and assesses the submitted medical records. If these are insufficient to prove your disability, you may be asked to undergo special medical examination. The government will pay for the expenses. You will have to show up with the scheduled examinations, otherwise, you might lose your chance of winning your disability claim.
Make sure that you attach a formal letter stating your reasons for your eligibility to the SS disability claim and your completion of the SS requirements.
Consult with a Social Security Disability lawyer in Los Angeles to learn more on how you can get financial assistance through SS disability claim.
While going through the process of your accident litigation, you can seek financial assistance from the federal government through your Social Security benefits.
The Social Security Disability Insurance (SSDI) provides monetary benefits to insured citizens who can no longer work due to serious and long term impairment.
It serves as an alternative for aged employees who have not reached full retirement age due to illness or disability. It has an equivalent benefit amount and privileges with Social Security Retirement program.
The Social Security Administration (SSA) accepts and screens application for the SS Disability program. SSA defines disability as physical/mental/psychological condition that limits a major life activity. Some examples are: walking, moving, seeing, hearing, speaking, and thinking.
The impairment must be serious and is expected to last for at least 12 months; it may eventually lead to death. The claimant must prove that the disability hinders him/her from performing alternative work. He/she must satisfactorily fulfill the SSA's requirements.
Some of these are:
1. Application form. The claimant must fill up the application form and attach documents such as: Social security number, birth certificate, marriage certificate, and other pertinent documents.
2. Work history report. The claimant must summarize previous job experiences and skills acquired. This serves as a useful reference when evaluating your claim.
3. Substantial Gainful Activity- The claimant must provide information on his/her day-to-day activities. This can serve as a useful means to measure the extent of your adjustment to your physical condition and environment. Give details if necessary. Specify the type of daily body functions that you can do.
4. Medical Records- The claimant must provide SSA with medical treatment results such as laboratory exams, diagnosis, summary of medical treatment performed, and certification from attending physician.
The SSA verifies and assesses the submitted medical records. If these are insufficient to prove your disability, you may be asked to undergo special medical examination. The government will pay for the expenses. You will have to show up with the scheduled examinations, otherwise, you might lose your chance of winning your disability claim.
Make sure that you attach a formal letter stating your reasons for your eligibility to the SS disability claim and your completion of the SS requirements.
Consult with a Social Security Disability lawyer in Los Angeles to learn more on how you can get financial assistance through SS disability claim.
Tuesday, October 5, 2010
The 3 Most Important Requirements of SSDI
Having your Socia Security Disability Claim approved can be more difficult than you think.
In fact, it is so difficult that 60-70 percent of all initial applications have been denied by the Social Security Administration (SSA).
The benefits are highly regulated so it will take more than perseverance and effort to get approved.
In fact, instead of working hard, you have to be working smart; and the smartest thing to do in these cases is to consult a Social Security disability Attorney to help you in your claim.
To help you understand, here are the three major requirements of Social Security Disability Insurance (SSDI) and how a disability lawyer can help you.
Social Security Credits
The first requirement that you need to make sure you meet is sufficient social security credits.
This refers to the social security taxes you and your employer has paid to SSA in your behalf.
The SSA sends out a Social Security Statement to all its members and it will indicate if you are qualified for SSDI and other types of SSA regulated benefits.
Your attorney can also determine if you qualify for the benefit through your current age and year when you sustained your disabling condition.
If you do not have enough credits, the attorney can point you to other options such as worker’s compensation and state disability insurance.
Disabling condition
The next requirement is proving that you have a long term disability.
To do that, you have to show that your disabling condition is expected to last more than 12 months or may result in death.
Your disability attorney will first check if your condition is under SSA’s Impairment Manual that will make it easier for you to prove your disability.
If not, then your attorney will help you gather more medical evidence and will also talk to your doctor to get his support on your disability claim.
Inability to Work
This is where a lot of SSDI claims get denied as claimants fail to prove that they are no longer to able to make substantial income.
The SSA will test not only your ability to perform your old job but your ability to shift to another job as well.
However, contrary to popular belief, you are actually allowed to work while applying for or receiving SSDI benefits.
That is as long as your monthly earnings is below the substantial gainful activity (SGA) standard, which is $1,000 this 2010.
Aside from gathering medical evidence, your disability attorney can also help you gather vocational evidence to prove your inability to earn above the SGA.
For more information, consult a Social Security Law Firm to know how much more they can help your SSDI claim.
In fact, it is so difficult that 60-70 percent of all initial applications have been denied by the Social Security Administration (SSA).
The benefits are highly regulated so it will take more than perseverance and effort to get approved.
In fact, instead of working hard, you have to be working smart; and the smartest thing to do in these cases is to consult a Social Security disability Attorney to help you in your claim.
To help you understand, here are the three major requirements of Social Security Disability Insurance (SSDI) and how a disability lawyer can help you.
Social Security Credits
The first requirement that you need to make sure you meet is sufficient social security credits.
This refers to the social security taxes you and your employer has paid to SSA in your behalf.
The SSA sends out a Social Security Statement to all its members and it will indicate if you are qualified for SSDI and other types of SSA regulated benefits.
Your attorney can also determine if you qualify for the benefit through your current age and year when you sustained your disabling condition.
If you do not have enough credits, the attorney can point you to other options such as worker’s compensation and state disability insurance.
Disabling condition
The next requirement is proving that you have a long term disability.
To do that, you have to show that your disabling condition is expected to last more than 12 months or may result in death.
Your disability attorney will first check if your condition is under SSA’s Impairment Manual that will make it easier for you to prove your disability.
If not, then your attorney will help you gather more medical evidence and will also talk to your doctor to get his support on your disability claim.
Inability to Work
This is where a lot of SSDI claims get denied as claimants fail to prove that they are no longer to able to make substantial income.
The SSA will test not only your ability to perform your old job but your ability to shift to another job as well.
However, contrary to popular belief, you are actually allowed to work while applying for or receiving SSDI benefits.
That is as long as your monthly earnings is below the substantial gainful activity (SGA) standard, which is $1,000 this 2010.
Aside from gathering medical evidence, your disability attorney can also help you gather vocational evidence to prove your inability to earn above the SGA.
For more information, consult a Social Security Law Firm to know how much more they can help your SSDI claim.
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