Social Security Table » case

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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Reducing Taxes On Social Security – Advantages And Disadvantages Of This Debatable Issue

admin — Sat, 07 Nov 2009 23:06:31 +0000

Abhishek Agarwal asked:

The Social Security Act of 1935 is among the primary acts the United States government is imposing. The acts main function is to give a lifetime reward to workers who have retired by the age of 65. That was the time of the Midst of Depression and where programs regarding social security were then based on. Due to the expansion of these programs, the programs are considered to be a leading federal program. The funds for these programs demand almost a quarter of the funds in the federal.

For in a long time now, the payments given by the social security programs were free of tax. This was the setup since for the most part of the grantees life, the grantees were paying for their social security record.

In this case, change has always been a part of our life. Just like for programs in Social Secuirty, it has changed over the years and are still subject to change. Presently, a part of the payments given by the programs is taxable. There was one period where the benefits were almost taxed by 50% and other brackets even reached 85% taxable rate. Various measures were tried and employed in reducing the tax rates of the payments, however majority of them were futile. Due to the changes, it won’t be a surprise if there would come a year where people would pay the benefits of their social security at a very high rate. This could be partly attributed to increasing population. One important setback that is situation reflects is that because of the increasing population, some time in the future many people would become dependent on the social security programs especially the benefits when the time for their retirements comes. The setback could probably be best solved if the tax rates could be lessened by the government. In this way, there’s a higher probability that people would gain more income.

Another possible solution that could be taken as of the moment is to increase the rates of the taxes imposed on present employees. This way could somehow ensure that while there is an increasing population, the entire system would not necessarily fall apart. Presently, employees pay taxes after earning $ 90,000 firstly. The employees are still taxed similarly, since in this way the government is able to increase the cap rather than having the employees pay a higher percentage. In this way, the burden in placed on the higher bracket employees rather than those middle class ones.

One concern arising presently is that the social security and its benefits are now put at risk. There are retirees now enjoying benefits that people in the future would not be able to perhaps enjoy. Currently, it is determined that employees now would be getting 25% less of the benefits that retirees are enjoying presently. However retired grantees are also on the lookout to make sure that even with the booming population, taxes would be reduced so that we could avoid having people living underneath the poverty line.

Those who are currently working and paying for their benefits could be assured that in the long run they would be able to enjoy the benefits they are saving for now with additional savings for that matter. The present situation demands that the government find ways to reduce the taxes so as to avoid the conflict that the benefits enjoyed by the retirees presently would not be the same as to the retirees in the future. The changes could happen given that bad case social security programs are now encountering, it would perhaps be possible for the government to eventually lessen the taxes on these benefits and programs.

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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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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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Traumatic Brain Injury And Social Security Disability

admin — Fri, 21 Aug 2009 07:22:35 +0000

Sharon A Christie asked:

I am frequently asked whether someone with a Traumatic Brain Injury can get Social Security disability benefits. The answer is YES, depending on the specific facts of each case. Social Security disability benefits are not awarded based solely on a diagnosis. The key to getting these benefits is to prove that your limitations are severe enough to prevent you from working on a full-time basis.

Social Security has a very specific definition of disability. I talk to many clients who believe that because they are unable to return to their specific job they will automatically be found disabled by the Social Security Administration. This is not true.

The definition of disability that applies to Social Security claims is:

“The inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. To meet this definition you must have a severe impairment(s) that makes you unable to do your past relevant work or any other substantial gainful work that exists in the national economy.” 20 C.F.R. §404.1505

What does this really mean? Basically, your medical or psychiatric condition must be so severe that it keeps you from doing any type of work on a full-time basis and has already lasted for 12 months or longer, or is expected to last that long. The determination of disability is based on the information in your medical records, reports from your treating doctors about your physical and/or mental limitations, reports from any Consultative Examinations scheduled by the Social Security Administration and your testimony at the hearing before an administrative law judge. The Social Security administration will consider whether you are capable of returning to any of the jobs that you most recently held or any other type of work. This determination of disability does not consider whether you could earn the same amount of money in other types of jobs. This determination is based solely on your physical and/or mental capabilities.

I am also frequently asked whether Social Security has some type of “partial disability” award. The answer is NO. For Social Security purposes your condition must be totally disabling for at least 12 months. However, you can still receive benefits if your condition improves and you return to work. This is called a “closed period” and means that you were unable to work on a full time basis for at least 12 months but have now recovered and can return to work. For example, if you are injured in a serious car accident you might require ongoing therapy for 18 months. After that period you may be able to return to work. You can still qualify for Social Security disability benefits for that 18 month period. You would not receive ongoing monthly benefits, however, once you can return to work.

Medical evidence of your physical and/or psychological limitations is the key to getting Social Security disability benefits. If you have been unable to work for at least 12 months or anticipate that you will be unable to work for that long you may qualify for Social Security disability. So, if this describes your situation you should apply right away.

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