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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 $400 million to improve the computer capability of the SSA – currently utilizing outdated technology.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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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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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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The Laborious Process of Social Security Claims in Cudahy

admin — Sat, 26 Sep 2009 17:11:53 +0000

Claysphere Rivera asked:

The whole process of Social Security claims are of laborious nature. Aside from the increasing cases of denials of disability claims, the increase in number of claimants for Social Security benefits has made the whole process much more difficult and burdensome.

Particularly in Cudahy, pursuing a claim may consume a whole lot of your time, efforts and economic resources. Instead of advancing your monetary interest, the tedious processes may take so much of you instead.

As per guidelines set by the Social Security Administration, it sounds like a simple process, yet it is not. Many factors have to be considered to make a successful claim for benefits under the Social Security Disability.

It is unfortunate that several legitimate claimants are denied for benefits. In fact, majority of them even have to experience multiple denials in the entire process of their claims.

This is the fact of the whole Social Security process. The optimum result of this perplexing procedures made people discouraged and intimidated. Many have also given up while some even died without obtaining the benefits they are supposedly eligible.

There are widely disseminated opinions that claiming of benefits needs the element of timing. They relate the application process as having its own season – that a claim must be filed in a timely manner, some commented.

To some, they believe that the whole thing dwells on pure luck. They add that if you are lucky enough, you will get hold of the benefits with no fuzz.

The previously mentioned opinions have gathered a lot of sentiments from many people, not only in Cudahy, but also in different states. It has created a persuasive effect especially to those claimants who are frustrated and tired of pushing further their benefits applications.

The real effect of such views had brought a very bad and sad effect on Social Security’s image. The whole idea has clouded the people’s mindset and suggested confusion.

On the positive side, some still have faith in the whole process. Even though they have been denied several times, there are still a few who keep trusting the SSA and hope that their claims will be given due course – that their desired benefits would not be set at naught.

Some successful stories relate that despite the laborious procedures for disability benefits claims, they have persisted and have endured. Subsequently, they have been lucky enough to convince the adjuster or Administrative Law Judge to grant a positive decision.

Meanwhile, some have managed to appoint their representatives in filing their Social Security applications to avoid the intricate procedures and expect better results. However, many have commented that this was not a guarantee for success.

Ultimately, there are variations of opinion from different claimants. This is primarily because of their relative experience with regard to this matter.

To shed some light, the whole process of claiming Social Security Disability benefits is really demanding. The whole spectrum of this area of law is complex. There are no guarantees for everything, including this claim.

Then again, proper guidance and representation of Cudahy Social Security lawyers is advisable. That is, if they wish to elude further intricacies and worries. They will help you identify your options and may even take the task in representing you with your Social Security benefits claims.

Take that big step and trust in the capabilities of our Cudahy Lawyers. We provide expert advice and representations for those who seeking assistance in applying for Social Security benefits. For more details, you may log on to our website.

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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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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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