Social Security Table » Lawyer

Social Security Disability Payments and the Stimulus Package

admin — Tue, 17 Nov 2009 15:37:08 +0000

Meghan DiTolla asked:

For a number of years, people have been talking about how the Medicare and Social Security system are potentially not sustainable in its current incarnation. This will come as dire news to anyone looking to secure Social Security disability payments. Right now there is a backlog for approvals as well. In short, the Social Security disability system is not as stable or efficient as it could be.

This is yet another reason to work with a Social Security disability attorney, as a lawyer will be able to navigate this very tough and complicated process and ensure that your future SSD payments are not delayed. In 2008, the average amount of time to process a Social Security disability application was 480 days. Now imagine trying to receive benefits without an attorney: if you file information incorrectly, you could be looking at double that amount of time. Worse yet, it could mean no claim at all, regardless of the amount of time it takes.

The stimulus package could help this scenario, but that is no reason to think you can go it alone. Though there may be new measures in place to speed up the process, there are still a record number of people filing a SSD claim. Close to 800,000 people filed a claim in 2008. The SSD workload is set to increase significantly in the coming years.

The Economic Recovery Bill

The economic recovery bill has a number of provisions that will help the Social Security claim process go more smoothly:

$500 million to help the Social Security Administration process the increasing influx of disability applications. $400 million to improve the computer capability of the SSA – currently utilizing outdated technology. $4.2 million to help people with certain disability receive additional SSI income.

All told, the system should hopefully be better. Again, it must be stressed that a Social Security attorney is still necessary. Even if the SSD application process goes more smoothly, it’s still going to mean a long haul for most applications – possibly a year or more. What this means ultimately is that when you hire a Social Security attorney the process will now go faster, which is very good news. But you will still need to gather all relevant medical information, accurately dot the “i’s” and follow complicated regulations, so hiring representation is your best avenue towards getting benefits as quickly as possible.

Given the fact that new processes are going to come about via the stimulus package, it is even more necessary to hire an attorney who keeps up with all developments in the Social Security system. California, in particular, has a large backlog of SSD applicants, given its high population relative to other states. So while it is very good news measures are being taken to fix a sometimes cumbersome system, you will need an advocate to help you correctly file your application whenever new changes go into effect. It’s important to remember also that new regulations can occur on a state level as well, in addition to a federal level, so California has particular laws to help SSI applications get processed.

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A Simple Way for Claiming Social Security Insurance Benefits

admin — Fri, 13 Nov 2009 17:46:50 +0000

FDP Inc. asked:

Social Security Disability Insurance (SSDI) or Social Security Income (SSI) is part of the Federal Social Security program that provides monthly disability payments to those who are younger than full retirement age, unable to engage in substantial employment activities. If one is applying for Social Security Disability benefits, having a lawyer, that has a good knowledge of how the Social Security Disability claims process works is critical and can improve the chances of getting the case approved in the application stage or at the hearing level.

To find the suitable lawyer http://www.social-security-lawyers.net – National Directory of Social Security Lawyers, launched by FDP Inc. is an ideal website to start with. A qualified and experienced social security lawyer can guide through all the process of claiming the Income and also answer the queries of Social Security. The website has a large directory of social security lawyers from all over the country, just entering the zip code, a lawyer can be easily found from a nearby area. It is a complete user friendly website, truly worth it! If one is applying for Social Security Disability benefits, having a lawyer, that has a good knowledge of how the Social Security Disability claims process works is critical and can improve the chances of getting the case approved in the application stage or at the hearing level.

Experienced and Qualified Social Security Lawyers are also invited to register at http://www.social-security-lawyers.net/Register.aspx , the growing network of Nationwide Social Security Lawyers. The client list of the lawyers can be improved as the site directs captured search requests from the web to the registered members. The help of a lawyer is precious as there are many search requests from all over the country through the web.

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Pursuing Social Security Claims With Rolling Hills Lawyers

admin — Fri, 30 Oct 2009 14:06:24 +0000

Mary Jean Kuda asked:

Rolling Hills is a city in Los Angeles County bordered by the Rolling Hills Estates to the north and Rancho Palos Verdes on all other sides. As of the recent census, the city population was 1,871. It is the 21st richest place in the United States and fourth for places with a population of at least 1,000.

It is a private, gated city atop the scenic hills of Palos Verdes. Incorporated in 1957, it maintains a ranch character with an enduring respect for the natural surroundings, with no traffic lights, large spaces between houses and wide equestrian paths along streets.

In a rich city like Rolling Hills, Social Security problems will surely arise. When they do, Rolling Hills Social Security lawyers are just standing by to help you with the complex and often frustrating procedure of applying for and obtaining Social Security benefits.

Claims under Social Security may be pursued with or without a representative. However, when filed with a representative, preferably a lawyer, the claimants will definitely have a higher percentage of winning their claims rather than in pursuing it alone.

This is because upon application necessary paper works must be submitted – and if it does not convince the Social Security Administration then the claim will be denied at the onset.

So if you doubt the weight and believability of your paper work for your social security claim take some advice and look for qualified assistance right away.

Denial at the Initial Stage does not deter you from further enforcing your claim. You may file a request for reconsideration. Denial of the request may be expected at this stage. In fact, 80% to 85% of claims for reconsideration are denied.

Denial of the request for reconsideration does not put an end to your claim. You can ask that your case be heard by a Judge. Again, this may be done with or without a representative.

Then again, it is better to go to court with a representative as to do without will expose you from further partiality.

For example, the judge, upon seeing you alone and without any knowledge of court procedure, will not be hesitant to deny your claim.

Undeniably, the role of a Rolling Hills Social Security lawyer in your claim is necessary not only to facilitate a faster claim but also to guide you in navigating through the intricate legal process.

However, this should not be understood to mean that the assistance of a lawyer would surely bring positive results on your claim. Of course, Social Security lawyers are not insurers of your claim’s approval. There are times that even when assisted by a lawyer denial may still result.

Engaging the services of a lawyer in your social security case can surely spell a difference between approval and disapproval of claim for benefits. You will for sure put a good fight when you appear prepared before the administration or judge.

With this in mind, determining the issue of representation and the representative to handle your social security case is not simple task. You must think several times before filing your claim unprepared or unrepresented.

For immediate response to your Social Security concerns, employ the aid of our Rolling Hills lawyers. Just log on to our website and avail our free case evaluation services.

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How a Social Security Attorney Can Help With Your Claim

admin — Fri, 02 Oct 2009 11:56:32 +0000

Matt Berry asked:

Suffering from a disability is challenging enough without having to struggle through the complicated tangle of government legalese regarding Social Security disability benefits.

Among other conditions, if you suffer from bipolar disorder, ****** cancer, congestive heart failure, colitis, Crohn’s disease, COPD, depression, diabetes, heart disease, IBS, MS, Parkinson’s or schizophrenia, you may be eligible to receive disability benefits.

Disability benefits are available to people who fall into three categories: disabled, insured workers under age 65, people who have been disabled since childhood and a disabled widow or widower age 50-60. People with financial need and children may also qualify for benefits.

If you believe you might be entitled to Social Security disability benefits, consider contacting a Social Security disability attorney who specializes in the field. An attorney’s expertise in navigating the complications of Social Security disability benefits can go a long way towards making the process seem easier. People with attorneys win a lot more often than those that self-represent.

First Step:

The first step towards receiving Social Security disability benefits is establishing that you are, in fact, disabled. The Social Security Administration (SSA) calls their evaluation for disability the sequential evaluation process. Basically, this process entails the government considering the age, education, work history, severity of disability and functional capacity of the person requesting benefits.

They’ll also contact doctors who have treated the applicant, and perhaps request a consultative exam, with the applicant’s existing doctor or with another doctor. The general information will be verified by the local Social Security field office, and the evaluation of the disability is the responsibility of the state’s Disability Determination Services (DDS).

Disability Application Determination:

Determination of whether the applicant has a disability is made by a disability examiner and a medical or psychological consultant. There are 4 potential outcomes: the examiner might ask for more evidence of the disability, the examiner might refer the applicant to vocational rehab, the applicant might be found not disabled, or the applicant might be determined to be disabled.

If benefits are denied, there are a series of appeal processes.

First Appeal:

If the state determines that the applicant does not have a disability, don’t lose hope. This is where a lawyer specializing in disability law becomes even more important, as you’ll have to dispute the determination. The Social Security Disability appeal process will be very similar to the first process, but with a different two-person team making the final determination of disability. If the appeal results in a non-disabled determination, further appeals are also possible.

Second Appeal:

The second appeal of a disability benefits case is heard by an administrative law judge at the Hearing Office of the SSA’s Office of Disability Adjudication and Review. In this case, the administrative law judge usually conducts a hearing that allows the applicant’s attorney to present a case. Generally, the applicant has more evidence of the disability to present at this point, from previous or new medical sources. It’s important to work closely with your Social Security disability lawyer at this point.

Once it’s determined that the applicant does have a disability, the Social Security Administration computes the benefit amount and begins making payments. The disabled person might be able to receive benefits as quickly as the first full month after they applied.

It is important to remember during the application process that the sooner a lawyer becomes involved the sooner the process can be affected. Good luck with your disability case!

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Legal Options in Cases of Denied Social Security Claims

admin — Sun, 27 Sep 2009 16:58:09 +0000

Claysphere Rivera asked:

According to a recent study, the denials of initial application of social security benefits are prevalent.

In response, the Granada Hills Social Security Lawyers have made the initiative to impart some basic information regarding social security and relate the judicious option in cases of denied claims for social security.

Cases of denial at the initial application for social security disability benefits or SSI disability benefits of individual claimants are on high.

This is a fact but true in all instances.

Practically, many factors lead to the denials of most disability benefits claims.

Among the varied reasons is the lack of necessary preparation, insufficiency of pertinent documents – particularly the medical records – lack of a sound professional advice and guidance and the proper representation even at this early stage of application.

The factual scenario would lead to the conclusion that the whole process for social disability claims is tough and arduous.

Having been denied of their claims, individual claimants relatively have different reactions.

Some are in the dilemma whether to give up on their case or not. To some, they consider starting over with the filing of a new application. Some claimants have referred to social security lawyers and decided in taking the course of appeal.

From these diverse reactions, a judicious option is worth to expound.

From among the varied reactions, the most sensible option is going through the appeal process. By appeal, the claimant’s will have a better chance of getting their worth. It is the best and smartest choice.

It is worthy to note that in some jurisdictions, a reconsideration of the denial is required before the proper appeal process.

The reconsideration usually takes a relative amount of time before the proper appeal. However, the reconsideration phase may no longer be in effect in recent times. A move to streamline the whole process has been devised.

Going back, the appeal process involves a great deal of perseverance and attention. Taking the appeal course involves time element (to be exact, lengthy) and a lot of paperwork. Not to mention, the financial devastation it could bring to the claimants.

Substantiation of the claims is more sophisticated at this stage. Pertinent documents such as the detailed Medical records and evidences in reference to the disability are highly required at this moment.

Aside from the paperwork, the hearing with the administrative judge needs a lot of preparation so that the desired result would be achieved.

The whole appeal course could be tiresome, stressful and distressing. But on the lighter side, if the same have been smoothly endured it would reap positive results.

Of course, conferring with a qualified social security attorney is paramount at this stage. The need of professional help following this course is crucial.

Appointment of a representative lawyer would ease up the whole process and would freed claimants from discomfort.

The representative lawyer would usually do the work in the claimant’s behalf. The gathering of the necessary paperwork as well as the preparation and attendance at the hearings before the administrative judge are the usual things that a representative attorney does in the representation of the claimants.

In full, it would really be a judicious option to take the course of appeal. Consideration of the appointment of a representative– a social security lawyer is also paramount, at all cost.

To help you with your social security claims and other benefits, you can consult with our experienced social security lawyers by logging on to our website and avail of our free case analysis.

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What Might Obama do to Social Security Disability?

admin — Sun, 09 Aug 2009 21:21:54 +0000

Matt Berry asked:

Barack Obama addressed close to 250,000 Americans at Grant Park on Tuesday, November 4, 2008 to give his acceptance speech. As a result of winning 364 electoral votes (94 more than the 270 required to win), Obama is the newly-elected president of the United States.

Over the next few months, Obama will tackle the issues he discussed during the heated presidential debates, ranging from the American economy to tax benefits to the war in Iraq. It can be speculated that Senator Obama’s success or failure in reforming America’s Social Security will be one of his most challenging issues as president of the United States in 2008.

At James Madison University on Tuesday, October 28, Obama said, “It won’t be easy… it won’t be quick, but you and I know that it is time to come together and change this country.”

1. Provide Americans with disabilities the educational opportunities they need to succeed:

- Barack Obama supports the Individuals with Disabilities Education Act (IDEA), which would help school districts cover the excess costs of educating children with disabilities. IDEA proposes increasing the current funding by 23%.

2. End discrimination and promote equal opportunity:

- Barack Obama supports Senator Tom Harkin’s ADA Restoration Act, which would redefine the definition of a “disability” in the application of the American with Disabilities Act (ADA). Obama plans to sign this act into law, which would prevent people with epilepsy, diabetes, heart disease, and cancer from being fired from their jobs ‘because they have those conditions.’

- Barack Obama supports universal health care legislation. Under the Obama-Biden plan, people with disabilities who take a job will either continue to receive their current health care or they will be provided a subsidy to purchase health care.

3. Increase the employment rate of workers with disabilities:

-Barack Obama supports the reinstitution of Executive Order No. 13173, which would hire an additional 100,000 federal employees with disabilities within five years. The federal government is the United States’ largest employer, and Barack Obama and Joe Biden support the hiring of employees with disabilities.

- Barack supports the establishment of a National Commission on People with Disabilities, Employment, and Social Security, which would examine the current SSDI, SSI, Medicare, and Medicaid programs in the United States to solve existing problems.

4. Support the independent, community-based living for Americans with disabilities:

- Barack Obama supports Senator Tom Harkin’s Community Choice Act of 2007, which would allow Americans with disabilities the choice of living in communities instead of nursing homes or institutions.

- Obama supports the Fair Home Health Care Act to combat the shortage of community direct care attendants. The Fair Home Health Care Act would increase the wage of health care attendants.

Obama supports a $150 million increase in the Social Security Administration’s (SSA) budget, which he believes has been underfunded. Obama is also committed to improving the application and appeals process for individuals with disabilities to fix the inefficiencies in the current system. Such as:

- Pending hearings have doubled since 2001

- The average weight time for a hearing decision is 505 days, the highest ever in agency history

- The processing times at the hearing level range from 276 days in Charleston to 973 days in Atlanta

- A reconsideration decision can take up to 8 months

What will be the result of an Obama presidency onto Social Security Disability? The question has many Social Security lawyers and Social Security attorneys pondering the issue. With an aging baby boomer generation and a concern that average wait times to receive Social Security Disability benefits are already over two years, most experts will agree that something needs to be done by the next President (Obama) to address the speed at which disability cases are handled.

If you or a family member has been denied disability benefits at the application level, it is advised that you contact a Social Security Disability lawyer. With current wait times of over two years, it is important to remember the sooner you involve a lawyer in the process, the sooner the process can be affected.

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