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Despite Economy, Illinois Social Security Benefits Will Increase

admin — Mon, 07 Dec 2009 07:25:43 +0000

Peter Drummond asked:

If you have been feeling the crunch of finding ways to curb your spending on an already fixed income, then you will be delighted to know that your Illinois social security benefits will increase beginning in January.

The Social Security Administration announced on Thursday, October 16 that social security benefits will increase by 5.8 percent in January 2009. It’s easy to see why most social security recipients will welcome this change. Illinois social security benefit payments have not seen an increase since 1982, well over 25 years ago. Illinois social security recipients may see as much as an additional $63 in their monthly checks. Whether retirees receive Illinois social security checks as an Electronic Funds Transfer or by a paper check, they will find it a bit easier to breathe with an added bonus.

Although many people have felt the strain of increased food and gas prices as well as gas and electricity prices, this Illinois social security increase may lessen the pain of those rising costs. Illinois social security retirees have felt the pressure of having to resort to using their savings accounts as well as reaching into their retirement funds to pay for exorbitant basic monthly bills in addition to medical bills. Retirees and those on disability have felt the pain of rising prices more than most and hopefully the Illinois social security benefit increase will offset some of that sting.

With the market’s unpredictable fluctuations and overall economic unease apparently here to stay, many Illinois social security recipients worry that their retirement plans will also be affected. Furthermore, the Congressional Budget Office predicts that Americans’ retirement plans have actually lost as much as $2 trillion over the past year and a half. This is, indeed, something to worry about and why it’s important to leave some of that 5.8 percent increase from Illinois social security paychecks in the bank.

Due to the Cost of Living Adjustment (COLA), Illinois social security retirees would have seen an even higher increase if it wasn’t for the dip in energy costs at the end of summer. Over the past 15 years, COLA has been much lower, so Illinois social security recipients should be thankful for this higher increase next year. However, the increase may not be enough to recover from recent months’ influx of daily living costs. The highest COLA occurred in 1980 with a 14.3 percent boost, which is nearly three times greater than the one beginning in January 2009. Illinois social security benefits have had an annual adjustment since 1975. If you need more information how this increase will affect your benefits, contact an Illinois social security attorney.

If you currently have Medicare, your Illinois social security benefit increase will not, for most retirees, be affected by higher premiums. However, those who are making more than $170,000 a year will see an increase in their premiums. This may be a relief to those earning below $170,000; however, if you’re in the latter category then your questions can be answered through an Illinois social security lawyer.

Whether you receive Illinois social security benefits, SSI, or disability benefits, everyone will see an increase in their monthly payments. Furthermore, if you are married you may see as much as $100 more combined a month.

Politicians and other public policy experts have predicted that social security benefits will eventually run dry and it may be sooner than the 78 million baby boomers who are soon to retire had expected. Although the social security trust fund may run out of funding by 2041, Illinois social security retirees and those who will be retiring in the next ten years will actually pay more into the fund than it collects beginning in 2017.

With nearly 170 million workers paying into the system with social security taxes next year, approximately 10 million of those workers will be paying higher taxes resulting from the COLA increase.

So does this mean that now is the right time to start receiving your Illinois social security benefits? That may depend on several things. Illinois social security recipients, along with those who are planning on starting to receive their social security payments within the next year, should ask an Illinois social security attorney any questions they have concerning their benefits, Medicare payments, social security disability payments and other factors that will affect their payments beginning in January.

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Being Eligible for Certain Social Security Claims

admin — Wed, 02 Dec 2009 21:06:40 +0000

Meghan DiTolla asked:

Many are surprised to learn that Social Security eligibility is similar to other types of lawsuits. For example, in certain personal injury lawsuits, the plaintiff needs to prove that he or she will not be able to work in the same capacity in the future due to sustained injuries. These injuries need strict medical documentation. This may come down to emotional impairment as well, not just physical impairment.

A Social Security claim acts in somewhat the same regard. The difference is that a personal injury claim is waged against a defendant. In Social Security cases, there is no “defendant” as such, as Social Security claims for illness involve a person’s own physical capabilities based on illness – not necessarily due to the fault of another person. That said, there needs to be the same burden of proof for demonstrating physical incapacitation.

Medical Guidelines for Social Security

Social Security guidelines are very strict, which can sometimes come as a disappointment for those claimants who do have cases that fall within these guidelines. For example, it is not enough for a person to suffer from HIV/AIDS. Rather, the patient needs to have a T-helper lymphocyte (CD4) count above 200/mm3. It is at this point that an HIV/AIDS patient is more susceptible to increased illness.

However, the Social Security Administration will take into account other issues besides the T-helper lymphocyte (CD4) count, such as weight loss – though the CD4 count is an important factor. The reason why a skilled and experienced Social Security attorney is necessary is to navigate thee possible permutations of illness and diagnosis that can mean the difference between receiving benefits or receiving none at all.

It bears stressing, but you should not think that there is a minimum threshold you have to cross to be eligible for benefits – these are guidelines. As each patient has a different circumstance in term of personal support, age, income, and other factors these will be factored in as well. This is made clear by Social Security benefits for anxiety. While mental illnesses can be measured in some way, it is a more generalized disability than something like a CD4 count that can be quantitatively measured. So this should tell you that there is some leeway with how Social Security benefits can be distributed.

In the case of anxiety, for example, OCD, post-traumatic stress, and panic attacks all qualify. While these can most certainly be diagnosed by a trained professional, it will take the expertise of a qualified attorney to help ensure that a patient receives ample support from the Social Security Administration. Financial support is the basis of clinical documentation, which a Social Security attorney can help gather together and ultimately secure long-term benefits.

These same rules apply to other illnesses: arthritis, heart failure, cancer, diabetes, and so on – chronic illnesses fall within the scope of Social Security Benefits. Receiving these benefits is the result of a combination of strict medical documentation and the skill of a good attorney. If you are ill, there is no reason to add to your trouble with increased financial worry. The goal of a Social Security attorney is to provide long-term stability and improve your overall quality of life.

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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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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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Attorneys and Fees for Social Security Claims

admin — Thu, 27 Aug 2009 13:14:12 +0000

Greeman & Toomey asked:

Attorneys who represent Social Security disability claimants generally do so under a “contingency fee agreement.” That is, the client does not pay the attorney unless and until the case is resolved and Social Security benefits have been awarded. A representative who wants to charge or collect a fee from a claimant for services provided in any proceeding before the Social Security Administration (SSA) under the Social Security Act (the Act), must first obtain SSA’s authorization. To do so, a representative must use one of two mutually exclusive fee authorization processes: the fee agreement process or the fee petition process. Under the fee agreement process, an attorney can collect no more than 25% of of back benefits recovered, or $5,300, whichever is less. If the attorney is unsuccessful in obtaining benefits, there is no charge.

Fee Agreement Process Before SSA decides the claim, the representative or the claimant may file a fee agreement. Generally, SSA will approve an agreement (under § 206(a)(2)(A) of the Act) if the other statutory conditions are met and no exceptions apply. If SSA approves the fee agreement and no one requests administrative review, the fee specified in the agreement is the maximum fee the representative may charge and collect.

Fee Petition Process After the representative’s services in the case have ended, he or she may petition for a fee. SSA reviews the fee petition and authorizes a “reasonable” fee (under §206(a)(1) of the Act) for the specific services provided.

A fee agreement is a written statement signed by the claimant and his or her appointed representative specifying the fee the representative expects to charge and collect, and the claimant expects to pay, for services the representative provides in pursuing the claimant’s benefit rights in proceedings before the Social Security Administration (SSA). For SSA to approve a fee agreement, the representative must submit it before the date of the first favorable determination or decision SSA makes on a claim after the representative’s appointment. If the representative does not submit a fee agreement by that date, SSA assumes the representative either will file a fee petition or waive a fee.

If the representative submits a fee agreement before the date SSA makes a favorable decision, SSA will approve the fee agreement at the time of the favorable decision if the statutory conditions for approval are met and no exceptions to the fee agreement process apply. Once SSA approves the fee agreement, the fee specified in the agreement is the maximum fee the representative may charge and collect for all services in the claim.

A fee petition is a written statement signed by a claimant’s representative requesting the fee the representative wants to charge and collect for services he or she provided in pursuing the claimant’s benefit rights in proceedings before the Social Security Administration (SSA).

SSA presumes that the representative will either file a fee petition or waive his or her fee if the representative does not file a fee agreement before the date SSA makes the first favorable determination or decision. A representative who elects to use the fee petition process generally files the petition after his or her services in the case have ended. Based on this petition, SSA will authorize a reasonable fee for the specific services provided.

The fee agreement and fee petition process are not interchangeable. However, if a representative elects the fee agreement process but SSA does not approve the agreement, or if an SSA reviewing official upholds a disapproval of a fee agreement on administrative review, the representative must file a fee petition if he or she wants to charge and collect a fee for their services.

The Social Security Act and SSA regulations prohibit representatives from charging or collecting any fee for representational services that SSA has not authorized, or that is more than the maximum amount SSA authorized. Any representative found to have charged or collected an unauthorized fee may be suspended or disqualified from practice before SSA and will be barred from appearing before SSA until full restitution is made. The representative also is subject to fines and imprisonment

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Fraud in Social Security

admin — Wed, 29 Jul 2009 16:07:39 +0000

Maribel Roncales asked:

Social Security Fraud refers to the act of dishonestly claiming of benefits. Due to the increasing number of fraudulent claims, the US government enacted a law that will protect individuals from these illicit conducts.

What constitutes Fraud under the Social Security Act?

The Social Security Act provides an outline for actions that are considered fraudulent. Some of those acts are the following:

• Knowingly and willfully makes or causes to be made any false statement or representation of material facts in the application for benefits under this title;

• Knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining any rights to the benefits;

• Having knowledge of any event affecting

o His or her right to the benefit

o The initial or continued right to the benefit of other individual in whose behalf he or she has applied for or is receiving benefit

o Having made an application to receive any of such benefits for the use and benefit of other and having receive it, knowingly and willfully converts the benefits for the use other than for what is intended

Information needed in filing Social Security Fraud

When planning to file a Fraud complaint, you need the following data:

• Name

• Address

• Social security number of the person you are reporting.

• Description of potential fraud incident

In cases where the Social Security number is not known, you need to secure his or her date of birth, age and the name of the parents. However, if you are reporting a concealed activity you need the name of the employer and its address and phone number.

How to report Social Security Fraud incident

The Social Security Administration takes seriously any report regarding Social Security Fraud. The Office of the Inspector General is the one who investigates incidents of Social Security Fraud. If you have any knowledge regarding these incidents, you can report it immediately by:

• Calling the Social Security Office hotline number

• Use the on line fraud reporting form

• Write to Social Security Office.

Yet, if you have been the actual victim of a fraudulent act, seeking legal assistance from a competent Social Security Fraud attorney is advisable. An attorney with sufficient in handing these cases can help you prosecute the law violators.

What is the Office of the Inspector General?

The Office of the Inspector General is the one directly responsible for meeting the statutory mission promoting economy, efficiency and effectiveness in the administration of Social Security programs. It is also responsible for preventing and detecting fraud, waste, abuse and mismanagement in such programs and operations.

OIG also searches and reports systematic weaknesses in SSA programs and operations and make recommendations for improvements and corrective actions.

Penalties for the violation of the Act

Any person found guilty for Social Security Fraud shall be:

• Fined under the United States Code

• Imprisoned for not more than five years or both

The federal court in sentencing the defendant may in addition to any other penalty order restitution.

When can there be restitution?

The court orders restitution in any of the following instances:

• The Commissioner of Social Security order payment that should not have been made

• An individual suffers financial loss due to defendant’s violation of this Act.

Our Los Angeles attorneys are proven experts in handling Social Security Fraud cases. For free evaluation of your case, log on to our website and contact our legal staff.

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