If you are denied Social Security benefits, it isn’t the end of the world. The Social Security application process has several stages of appeal, any of which can overturn the initial decision and give you the benefits to which you are entitled.
The vast majority of applications for Social Security disability will be denied. Even if you have a strong case, the Social Security Administration may deny your claim if you don't prove your disability under the Social Administration guidelines.
Over 60% of claims are denied at the Initial stage. The Social Security Administration allows you 60 days to appeal this decision. If you decide to appeal, your claim enters the Reconsideration stage.
The Social Security Administration rejects over 80% of Reconsideration applications. If you choose to appeal again, you can request a hearing before an Administrative Law Judge (ALJ). The Hearing stage often times represents your best chance of obtaining disability benefits, and it is important to prepare properly. Having a competent disability advocate or Social Security attorney can significantly increase your chances of being approved at this third stage.
If the Social Security Administration has denied your claim for Social Security disability and you would like to appeal, or if you have any questions or concerns regarding your benefits, please contact us for a consultation at 803-929-0577. We offer in office and phone consultations when needed.
Showing posts with label disability benefits. Show all posts
Showing posts with label disability benefits. Show all posts
Wednesday, October 20, 2010
VA Disability Compensation: Tips On Working With Your Service Representative
Whether you are seeking a claim for post-traumatic stress disorder or an injury on the job, it is always an advantage to have an experienced veterans service representative assist you in the prosecution of a claim for VA disability compensation. Regardless of the nature of the disorder underlying a claim for benefits, these individuals are familiar with veteran’s benefits law and procedures, and can provide more effective representation than trying to handle the claim yourself.
Keep in touch: You should talk to your representative at least once per month while your claim is pending. Whenever you get mail from the VA, call your representative to make sure that he or she has received a copy (as required by VA regulations) and that you understand exactly what it means.
Ask questions: If you do not understand something about your claim, ask about it. Part of your service representative’s responsibility is to ensure that you understand the claims process.
Exercise your judgment: Your service representative is supposed to act in your best interests. However, you are the ultimate decision maker with respect to your claim. Your service representative will tell you if he or she disagrees with what you want to do and why. They can make recommendations, but must do as you instruct.
Keep in touch: You should talk to your representative at least once per month while your claim is pending. Whenever you get mail from the VA, call your representative to make sure that he or she has received a copy (as required by VA regulations) and that you understand exactly what it means.
Ask questions: If you do not understand something about your claim, ask about it. Part of your service representative’s responsibility is to ensure that you understand the claims process.
Exercise your judgment: Your service representative is supposed to act in your best interests. However, you are the ultimate decision maker with respect to your claim. Your service representative will tell you if he or she disagrees with what you want to do and why. They can make recommendations, but must do as you instruct.
Friday, September 17, 2010
Social Security Disability Appeals: The Grueling Truth
The journey through the applications process for Social Security Disability (SSDI) or Supplement Security Income (SSI) is often a complicated and time consuming process. The procedure to apply for benefits can be straining for many reasons, particularly the because of the success rate. On average, 70 percent of SSDI and SSI applicants are denied benefits when they first apply for disability benefits. Meaning if you are one of these individuals you needn’t feel alone, abandoned, or shocked. Do not give up! Another statistic is an inspirational one -- With a veteran SSI attorney on your side there is no need to feel hopeless and your chances of being approved are increased. Three out of six people who go through the lengthy appeals process will become a SSDI or SSI recipient.
You should educate yourself about the the ins and outs of the system for both applying for benefits and appealing a denial. With the help of any disability attorney your case, rights, and disabilities will be represented. There is no reason to do this alone. A South Carolina SSI attorney can take on the hard tasks, such as the seemingly endless waiting and the exasperating paperwork. Your attorney will help ensure that all the proper documentation is acquired, all deadlines quickly met, and that no errors are made when you apply for benefits. When they do finally win your case, a good disability lawyer will make sure all your income benefits are appropriately calculated, so that you and your loved ones are given the rights deserved.
Just remember that you don’t have to be alone when dealing with the monster machine that is the U.S. government’s Social Security Administration. If you have any questions or concerns regarding applying for benefits, or appealing a denial, please contact us for a consultation.
You should educate yourself about the the ins and outs of the system for both applying for benefits and appealing a denial. With the help of any disability attorney your case, rights, and disabilities will be represented. There is no reason to do this alone. A South Carolina SSI attorney can take on the hard tasks, such as the seemingly endless waiting and the exasperating paperwork. Your attorney will help ensure that all the proper documentation is acquired, all deadlines quickly met, and that no errors are made when you apply for benefits. When they do finally win your case, a good disability lawyer will make sure all your income benefits are appropriately calculated, so that you and your loved ones are given the rights deserved.
Just remember that you don’t have to be alone when dealing with the monster machine that is the U.S. government’s Social Security Administration. If you have any questions or concerns regarding applying for benefits, or appealing a denial, please contact us for a consultation.
When Do Do You Need a Lawyer For Social Security Disability?
Supplemental Security Income (SSI) is a government program that aims to provide a portion of income and medical coverage to disabled children and disabled adults. It grants financial aid to individuals with inadequate means to attain an income on their own, and consequently have meager financial support, or none at all.
This money is given out so that those who meet the income guidelines can provide for their basic necessities such as shelter, clothing, and food.Both children and adults are eligible for social security disability and supplemental security income assistance, granted they meet the necessary requirements to do so.
If you have ever attempted to become a beneficiary of SSI, then you are most likely sensitive to the fact that it can be a time consuming and arduous endeavor. Often times the preliminary application process will be a failure. But applying for SSI can be easier and less confusing. With the help of a an experienced and knowledgeable social security disability attorney, you can rest assured that someone is fighting in your corner to get you the benefits that you deserve, and if your application has been denied a reliable social security disability lawyer can help in your appeals process.
Applying for, or appealing the denial of, social security disability benefits can be an intensely aggravating process, especially when it is for a child. So a lawyer can prove very beneficial in expediting the process. Living with a disability can be hard as it is, you shouldn’t have to go through the tormenting experience of proving to the government that you are disabled. A social security disability attorney can help you in a number of aspects of applying or appealing.
Including:
* Analyzing your case and cross referencing it with state regulation
* Offering peace of mind
* Consulting primary physicians and other doctors for medical information and exam results
* Gather medical evidence
* Preparing witnesses to testify
* Taking care of telephone calls, legwork, and paperwork
There are a whole host of other reasons for consulting with a social security disability lawyer that can prove advantageous for your unique situation. It is important to know that you don’t have to be alone when dealing with such crucial matters concerning your livelihood.
This money is given out so that those who meet the income guidelines can provide for their basic necessities such as shelter, clothing, and food.Both children and adults are eligible for social security disability and supplemental security income assistance, granted they meet the necessary requirements to do so.
If you have ever attempted to become a beneficiary of SSI, then you are most likely sensitive to the fact that it can be a time consuming and arduous endeavor. Often times the preliminary application process will be a failure. But applying for SSI can be easier and less confusing. With the help of a an experienced and knowledgeable social security disability attorney, you can rest assured that someone is fighting in your corner to get you the benefits that you deserve, and if your application has been denied a reliable social security disability lawyer can help in your appeals process.
Applying for, or appealing the denial of, social security disability benefits can be an intensely aggravating process, especially when it is for a child. So a lawyer can prove very beneficial in expediting the process. Living with a disability can be hard as it is, you shouldn’t have to go through the tormenting experience of proving to the government that you are disabled. A social security disability attorney can help you in a number of aspects of applying or appealing.
Including:
* Analyzing your case and cross referencing it with state regulation
* Offering peace of mind
* Consulting primary physicians and other doctors for medical information and exam results
* Gather medical evidence
* Preparing witnesses to testify
* Taking care of telephone calls, legwork, and paperwork
There are a whole host of other reasons for consulting with a social security disability lawyer that can prove advantageous for your unique situation. It is important to know that you don’t have to be alone when dealing with such crucial matters concerning your livelihood.
Wednesday, August 18, 2010
3 Mistakes to Avoid When Claiming for Disability Benefits
When filing for claims based on disability, it is easy to get overwhelmed. Here are 3 potential mistakes people usually make and how to avoid them.
a. Not Specifying Mental Illnesses in the Application
Applications for social security disability or SSD are evaluated on both mental as well as physical grounds. Both physical and mental conditions are evaluated in a very similar manner. If a claimant has a mental impairment, this needs to be included in the application. Sometimes, the presence of a severe mental disability coupled with a mild physical disability can be sufficient to help the applicant qualify for such disability benefits, independently or in support of a physical impairment. Cases of mental illness, such as depression, post traumatic stress, bi polar disorder and schizophrenia such be included when filing a claim.
b. Assumption that Disability Lawyers are Expensive
These days, it is easy to hire a social security disability lawyer and they get paid only once the case has been won. Therefore, anyone can afford the services of such lawyers. Most attorneys will only collect a fee if you get approved for your benefits. Disability lawyers can help you sort through the rules, laws and other guidelines to help you get approved for benefits.
c. Not Preparing for SSD Hearing
Not arriving to the hearing location at the right time can mean rescheduling of the case several months later! Not familiarizing oneself with one’s own claim file and providing a thorough record of medical history and supporting documentation can be a huge mistake for those without representation. However, claimants with access to social security disability lawyer services need not worry about this clause because the lawyer reviews and handles all aspects of the claim.
a. Not Specifying Mental Illnesses in the Application
Applications for social security disability or SSD are evaluated on both mental as well as physical grounds. Both physical and mental conditions are evaluated in a very similar manner. If a claimant has a mental impairment, this needs to be included in the application. Sometimes, the presence of a severe mental disability coupled with a mild physical disability can be sufficient to help the applicant qualify for such disability benefits, independently or in support of a physical impairment. Cases of mental illness, such as depression, post traumatic stress, bi polar disorder and schizophrenia such be included when filing a claim.
b. Assumption that Disability Lawyers are Expensive
These days, it is easy to hire a social security disability lawyer and they get paid only once the case has been won. Therefore, anyone can afford the services of such lawyers. Most attorneys will only collect a fee if you get approved for your benefits. Disability lawyers can help you sort through the rules, laws and other guidelines to help you get approved for benefits.
c. Not Preparing for SSD Hearing
Not arriving to the hearing location at the right time can mean rescheduling of the case several months later! Not familiarizing oneself with one’s own claim file and providing a thorough record of medical history and supporting documentation can be a huge mistake for those without representation. However, claimants with access to social security disability lawyer services need not worry about this clause because the lawyer reviews and handles all aspects of the claim.
Tuesday, February 23, 2010
Can you Increase your Social Security Payment?
Here's an interesting article that describes 5 ways to increase your payment from Social Security.
Saturday, February 20, 2010
President's Plan to Help Social Security
What do you think of the President's proposal to help Social Security and extend the life of the program? The president recently suggested an adjustment on taxed earnings. Any thoughts or comments?
Saturday, February 6, 2010
Who Qualifies for Social Security Disability Benefits?
The general rule is that the Social Security Administrative Social Security pays benefits to individuals who are unable to work due to a medical condition or injury, where the condition is expected to last for at least one year or may result in death.
There are lists of medical conditions called "impairments" which describes are severe enough to prevent an individual from doing any gainful activity, are expected to be permanent or result in death. These impairments meet the SSA qualifications for disability benefits. There are other injuries or illnesses or a combination of the two which may qualify you for Disability benefits.
For more information, visit our site, Metts Law Firm,LLC or call 803-929-0577. You may qualify for Social Security Disability benefits if you are unable to work for any reason.
There are lists of medical conditions called "impairments" which describes are severe enough to prevent an individual from doing any gainful activity, are expected to be permanent or result in death. These impairments meet the SSA qualifications for disability benefits. There are other injuries or illnesses or a combination of the two which may qualify you for Disability benefits.
For more information, visit our site, Metts Law Firm,LLC or call 803-929-0577. You may qualify for Social Security Disability benefits if you are unable to work for any reason.
Thursday, August 27, 2009
Backlogs in Processing Disability Claims - More People are filing Claims
If your claim for Social Security Disability benefits is denied, you can appeal and request a hearing. This is good news because most claims, in my opinion, if approved are done so at the hearing. The bad news is that there is such a backlog of disputed disability claims, some people wait years for a hearing. According to a recent blog, "the Associated Press, the number of Americans receiving Social Security disability has doubled since 1990 to 7.4 million while the number of workers processing the claims has dropped. More than 765,000 people are currently waiting for a hearing -- twice as many as in 1998. The wait time for a hearing is twice what it was in 2000."
Unfortunately the recession has not helped this situation. For more read here.
Unfortunately the recession has not helped this situation. For more read here.
Tuesday, July 21, 2009
How to Win Your Disability case?
The most important point to remember when applying for disability is that you have to prove that your injuries or medical conditions meet the definition and guidelines established by the Social Security Administration. The best way to do that is through sufficient medical documentation.
Does anyone out there have any war stories regarding applying for disability? Please share.
Does anyone out there have any war stories regarding applying for disability? Please share.
Sunday, July 19, 2009
Social Security Disability - Frequently Asked Questions
Q. What is Social Security Disability?
A. Social Security disability benefits are monies paid to you if you have worked for a long enough period and paid Social Security taxes though your employer and become disabled.
Q. How do I qualify for Social Security Disability?
A. You may quality to receive benefits if you have a medical condition or injury that prevents you from working for a minimum of one year.
Q. How does the Social Security Administration determine disability?
The Social Security Administration has a five step process in determining disability.
Step One -The first step involves determining if you are working. The amount of money you make if you are working is limited. If you make more than allowed, you will not be considered disabled.
Step Two - The second step is to consider the severity of your medical condition(s) if you make less than the current guideline amount. This involves determining whether your medical condition(s) significantly affect you ability to perform basic work activities, i.e. sitting, standing, walking, for at least one year.
Step Three - If the condition is severe enough to limit basic work functions, the agency will determine if the medical condition(s) are on a List of Impairments for adults and children developed by the agency. The impairments described are considered so severe by the agency that you can automatically be defined by law as disabled. If your condition is not on
the list, the agency can determine that you are disabled if your condition(s) are as severe as those on the list of impairments.
Step Four - If your medical condition(s) are not on the list of impairments or meet or exceed the severity of an impairment on the list, the agency will then consider whether you medical condition(s) prevent you from doing the type of work you did before.
Step Five - If the agency decides that you can do the type of work you did before, then it will decide you are not disabled. If not, then the agency will evaluate your medical condition(s), age, education, past work experience and skills learned from that work, to determine if you can do any other type of work. If you can, then the agency will decide that you are not disabled.
Q. How long will it take to settle my Social Security Disability case?
A. This is a hard question to answer as there is no definite answer. The current estimated time for disposing of a case from the filing of the initial application to a hearing is approximately 24 months, sometimes longer. This can be a very long and stressful process. Put your case in our hands and let us help you through this process.
Q. How much will the Social Security Administration pay me if approved?
A. The amount of benefits is determined by your average lifetime earnings and whether your benefits will be reduced based on the receipt of other types of compensation for you medical condition(s), such as workers' compensation. The Social Security Administration sends out a yearly statement providing your lifetime earnings and provides an estimate of your disability benefit.
Q. How far back will Social Security pay me if I am approved?
A. If you are approved for social security disability, your first check will be paid for the sixth full month after the date your disability started.
Q. What can I do to help win my Social Security Disability case?
A. You need sufficient medical documentation to support the severity of your medical condition(s). You should keep up with your medical treatment and doctor appointments. It may also be helpful to keep a diary to help document on a daily basis your disability keeps you from performing your past work; your medications and side effects; your aches and pains; and how disability or medications affect daily activities such as driving, shopping, taking care of family, walking, standing, sitting, memory, concentration, coping with stressful situations, and
dealing with other people etc.
Q. Can I work and still receive Social Security Disability?
A. Yes. However, the agency limits the amount can make.
Q. Do I have to be permanently disabled to receive social security disability?
A. You are entitled to benefits if your medical condition(s) are severe enough to prevent you from working for a period of at least one year. If your condition improves your benefits can be terminated.
Q. Will I receive Medicare?
A. You will get Medicare coverage automatically after you have received social security disability benefits for two years.
Q. How much will an attorney charge?
A. The Social Security Administration will withhold 25% of your past due benefits to compensate legal fees.
Q. Will my family receive anything if I am approved?
A. If you are approved for Social Security Disability benefits, members of your family may qualify for benefits. They include but are not limited to the following:
Your spouse, if he or she is 62 or older;
Your spouse, at any age if he or she is caring for a child of yours who is younger than age 16
or disabled;
Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild.
The child must be under age 18 or under age 19 if in elementary or secondary school full time; and
Your unmarried child, age 18 or older, if he or she has a disability that started before age 22.
(The child’s disability also must meet the definition of disability for adults.)
A. Social Security disability benefits are monies paid to you if you have worked for a long enough period and paid Social Security taxes though your employer and become disabled.
Q. How do I qualify for Social Security Disability?
A. You may quality to receive benefits if you have a medical condition or injury that prevents you from working for a minimum of one year.
Q. How does the Social Security Administration determine disability?
The Social Security Administration has a five step process in determining disability.
Step One -The first step involves determining if you are working. The amount of money you make if you are working is limited. If you make more than allowed, you will not be considered disabled.
Step Two - The second step is to consider the severity of your medical condition(s) if you make less than the current guideline amount. This involves determining whether your medical condition(s) significantly affect you ability to perform basic work activities, i.e. sitting, standing, walking, for at least one year.
Step Three - If the condition is severe enough to limit basic work functions, the agency will determine if the medical condition(s) are on a List of Impairments for adults and children developed by the agency. The impairments described are considered so severe by the agency that you can automatically be defined by law as disabled. If your condition is not on
the list, the agency can determine that you are disabled if your condition(s) are as severe as those on the list of impairments.
Step Four - If your medical condition(s) are not on the list of impairments or meet or exceed the severity of an impairment on the list, the agency will then consider whether you medical condition(s) prevent you from doing the type of work you did before.
Step Five - If the agency decides that you can do the type of work you did before, then it will decide you are not disabled. If not, then the agency will evaluate your medical condition(s), age, education, past work experience and skills learned from that work, to determine if you can do any other type of work. If you can, then the agency will decide that you are not disabled.
Q. How long will it take to settle my Social Security Disability case?
A. This is a hard question to answer as there is no definite answer. The current estimated time for disposing of a case from the filing of the initial application to a hearing is approximately 24 months, sometimes longer. This can be a very long and stressful process. Put your case in our hands and let us help you through this process.
Q. How much will the Social Security Administration pay me if approved?
A. The amount of benefits is determined by your average lifetime earnings and whether your benefits will be reduced based on the receipt of other types of compensation for you medical condition(s), such as workers' compensation. The Social Security Administration sends out a yearly statement providing your lifetime earnings and provides an estimate of your disability benefit.
Q. How far back will Social Security pay me if I am approved?
A. If you are approved for social security disability, your first check will be paid for the sixth full month after the date your disability started.
Q. What can I do to help win my Social Security Disability case?
A. You need sufficient medical documentation to support the severity of your medical condition(s). You should keep up with your medical treatment and doctor appointments. It may also be helpful to keep a diary to help document on a daily basis your disability keeps you from performing your past work; your medications and side effects; your aches and pains; and how disability or medications affect daily activities such as driving, shopping, taking care of family, walking, standing, sitting, memory, concentration, coping with stressful situations, and
dealing with other people etc.
Q. Can I work and still receive Social Security Disability?
A. Yes. However, the agency limits the amount can make.
Q. Do I have to be permanently disabled to receive social security disability?
A. You are entitled to benefits if your medical condition(s) are severe enough to prevent you from working for a period of at least one year. If your condition improves your benefits can be terminated.
Q. Will I receive Medicare?
A. You will get Medicare coverage automatically after you have received social security disability benefits for two years.
Q. How much will an attorney charge?
A. The Social Security Administration will withhold 25% of your past due benefits to compensate legal fees.
Q. Will my family receive anything if I am approved?
A. If you are approved for Social Security Disability benefits, members of your family may qualify for benefits. They include but are not limited to the following:
Your spouse, if he or she is 62 or older;
Your spouse, at any age if he or she is caring for a child of yours who is younger than age 16
or disabled;
Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild.
The child must be under age 18 or under age 19 if in elementary or secondary school full time; and
Your unmarried child, age 18 or older, if he or she has a disability that started before age 22.
(The child’s disability also must meet the definition of disability for adults.)
Saturday, January 24, 2009
Are you Stressed Out over Injuries from an Accident?
If you suffer serious personal injury as the result of an automobile accident, whether you are driver, passenger or pedestrian, life can become very difficult. Physical injuries affect your ability to work, take care of your family, and pay your bills. If you were involved in an automobile accident and it was not your fault, you may need to consult with a personal injury attorney. You may want an experienced personal injury attorney to help you get all the compensation you are entitled to such as medical expenses, lost wages and pain and suffering resulting from the accident. A personal injury attorney can help give you an idea of how much your case is worth and the steps involved in filing a lawsuit, if your case can’t be settled for a reasonable able sum based on your medical bills, lost wages, lasting bodily injuries.
Dealing with insurance companies can be overwhelming and a bit frightening for most people. An experienced personal injury attorney can help you deal with these issues and help you make the best decisions for you and your family. A good attorney can also help you determine if a settlement offer made by an insurance adjuster is fair to you. There are a lot of legal issues to consider regarding automobile accidents. It may help to have someone on your side to advise you of your rights, deal with the insurance company and court system, and help you get your life back on track.
Things you should do if you are ever involved in an accident include, getting a copy of your accident report and getting the contact information for all witnesses; getting copies of your medical bills and photos of the injuries and vehicle; and follow the instructions of your doctors. When you meet with a personal injury attorney provide the attorney with all of your information. And most importantly, talk to an attorney before you sign any releases. If you need the services of an attorney, the sooner you hire one the more likely you are to properly protect your legal interests.
Most attorneys who represent victims of automobile accidents do not charge any consultation fee and work on a contingency fee basis, which means the attorney will only get paid if you get a financial settlement. So it should not cost you anything to see if an attorney can benefit you and whether you need legal representation regarding your case. So if you are involved in an automobile, truck, motorcycle, dog bite, or any other type of accident, suffered injuries, and it was not your fault, call a personal injury attorney today. You may be happy you did. Let your attorney worry about the court process. While you may be entitled to financial compensation, there is no guarantee that you will be offered the compensation you deserve for your damages. Your attorney can help you understand how the legal process of settling an accident case, both the good and the bad.
Dealing with insurance companies can be overwhelming and a bit frightening for most people. An experienced personal injury attorney can help you deal with these issues and help you make the best decisions for you and your family. A good attorney can also help you determine if a settlement offer made by an insurance adjuster is fair to you. There are a lot of legal issues to consider regarding automobile accidents. It may help to have someone on your side to advise you of your rights, deal with the insurance company and court system, and help you get your life back on track.
Things you should do if you are ever involved in an accident include, getting a copy of your accident report and getting the contact information for all witnesses; getting copies of your medical bills and photos of the injuries and vehicle; and follow the instructions of your doctors. When you meet with a personal injury attorney provide the attorney with all of your information. And most importantly, talk to an attorney before you sign any releases. If you need the services of an attorney, the sooner you hire one the more likely you are to properly protect your legal interests.
Most attorneys who represent victims of automobile accidents do not charge any consultation fee and work on a contingency fee basis, which means the attorney will only get paid if you get a financial settlement. So it should not cost you anything to see if an attorney can benefit you and whether you need legal representation regarding your case. So if you are involved in an automobile, truck, motorcycle, dog bite, or any other type of accident, suffered injuries, and it was not your fault, call a personal injury attorney today. You may be happy you did. Let your attorney worry about the court process. While you may be entitled to financial compensation, there is no guarantee that you will be offered the compensation you deserve for your damages. Your attorney can help you understand how the legal process of settling an accident case, both the good and the bad.
Saturday, December 27, 2008
Disability Compensation Benefits for Injured Workers*
Workers’ compensation benefits are paid to a worker who has a job-related injury or illness. These benefits may be paid by federal or state workers’ compensation agencies, employers or by insurance companies on behalf of employers.
Disability payments from private sources, such as private pension or insurance benefits, do not affect one’s social security disability benefits.
But workers’ compensation and other public disability benefits may reduce your social security benefits. Other public disability payments that may affect your Social Security benefit are those paid by a federal, state or local government and are for disabling medical conditions that are not job-related.
Some of these are civil service disability benefits, military disability benefits, state temporary disability benefits and state or local government retirement benefits that are all based on disability.
Some public benefits do not affect or reduce your social security disability benefits.
They are:
• Veterans Administration benefits
• State and local government benefits, if Social Security taxes were deducted from your earnings
• Supplemental Security Income (SSI)
On the other hand, injured workers are also entitled to certain benefits under the workers’ compensation law. Here are the types of workers disability compensation:
• Temporary Total Disability - This benefit is payable when the injured worker is unable to work during a period when he/she is under active medical care and has not yet reached what is called “maximum medical improvement”.
In most states, compensation is paid at two-thirds of the employee's average weekly wage, not to exceed statutory weekly maximums above which no worker is entitled to compensation. It is common worker’s temporary total disability weekly benefit to be capped by these statutory compensation limits.
• Temporary Partial Disability - A worker may be eligible for temporary partial disability compensation when he or she is able to do some work but is still recuperating from the effects of the injury, and is, thus, temporarily limited in the amount or type of work which can be performed compared to the pre-injury work.
• Permanent Partial Disability - Compensation is awarded for certain types of permanent conditions which do not cause the worker to be totally unable to work.
• Permanent Total Disability - In order to receive this type of compensation, the employee must prove that he is unable to return to work in any capacity, and that this is a permanent problem.
On the other hand, there are rulings in many states to the effect that a worker, who can perform only occasional, sporadic or undependable work, may still be deemed to be permanently totally disabled. Frequently, states’ workers compensation law permits lawyers to offer evidence of a workers age, education, training and experience in seeking to prove that the worker is incapable of substantial gainful employment.
• Disfigurement/Mutilation - A states’ workers compensation law may permit the employee to be compensated for disfigurement or scarring, frequently in the absence of any actual impairment, and sometimes in addition to actual impairment.
Disabled workers and employees are entitled to a number of benefits under the law. To know more information about how these benefits may be applicable to you as a disabled employee, you need to consult a disability compensation lawyer who is knowledgeable with these issues.
*Written By:
Manuel Salvacion, website located at http://www.socialsecuritylawattorney.com/Disability-Compensation-Lawyers.html .Our professional lawyers and legal staffs are is capable of providing expert assistance in your Social Security Disability problems.
*This post is listed for informational purposes only. The Metts Law Firm, LLC did not contribute to the contents or warrant the information provided. This is not intended as legal advice or the offer of legal representation. Please contact
Metts Law Firm, LLC at 803-929-0577.
Disability payments from private sources, such as private pension or insurance benefits, do not affect one’s social security disability benefits.
But workers’ compensation and other public disability benefits may reduce your social security benefits. Other public disability payments that may affect your Social Security benefit are those paid by a federal, state or local government and are for disabling medical conditions that are not job-related.
Some of these are civil service disability benefits, military disability benefits, state temporary disability benefits and state or local government retirement benefits that are all based on disability.
Some public benefits do not affect or reduce your social security disability benefits.
They are:
• Veterans Administration benefits
• State and local government benefits, if Social Security taxes were deducted from your earnings
• Supplemental Security Income (SSI)
On the other hand, injured workers are also entitled to certain benefits under the workers’ compensation law. Here are the types of workers disability compensation:
• Temporary Total Disability - This benefit is payable when the injured worker is unable to work during a period when he/she is under active medical care and has not yet reached what is called “maximum medical improvement”.
In most states, compensation is paid at two-thirds of the employee's average weekly wage, not to exceed statutory weekly maximums above which no worker is entitled to compensation. It is common worker’s temporary total disability weekly benefit to be capped by these statutory compensation limits.
• Temporary Partial Disability - A worker may be eligible for temporary partial disability compensation when he or she is able to do some work but is still recuperating from the effects of the injury, and is, thus, temporarily limited in the amount or type of work which can be performed compared to the pre-injury work.
• Permanent Partial Disability - Compensation is awarded for certain types of permanent conditions which do not cause the worker to be totally unable to work.
• Permanent Total Disability - In order to receive this type of compensation, the employee must prove that he is unable to return to work in any capacity, and that this is a permanent problem.
On the other hand, there are rulings in many states to the effect that a worker, who can perform only occasional, sporadic or undependable work, may still be deemed to be permanently totally disabled. Frequently, states’ workers compensation law permits lawyers to offer evidence of a workers age, education, training and experience in seeking to prove that the worker is incapable of substantial gainful employment.
• Disfigurement/Mutilation - A states’ workers compensation law may permit the employee to be compensated for disfigurement or scarring, frequently in the absence of any actual impairment, and sometimes in addition to actual impairment.
Disabled workers and employees are entitled to a number of benefits under the law. To know more information about how these benefits may be applicable to you as a disabled employee, you need to consult a disability compensation lawyer who is knowledgeable with these issues.
*Written By:
Manuel Salvacion, website located at http://www.socialsecuritylawattorney.com/Disability-Compensation-Lawyers.html .Our professional lawyers and legal staffs are is capable of providing expert assistance in your Social Security Disability problems.
*This post is listed for informational purposes only. The Metts Law Firm, LLC did not contribute to the contents or warrant the information provided. This is not intended as legal advice or the offer of legal representation. Please contact
Metts Law Firm, LLC at 803-929-0577.
Wednesday, December 17, 2008
Does it help to hire a Disability Attorney?
There are many advantages of having an attorney to assist in applying for disability. Most attorneys will not charge a fee to evaluate the case. Additionally, most attorneys work on contingency, which means the ATTORNEY DOES NOT GET PAID UNLESS YOU WIN. So an applicant has nothing to lose and everything to gain by consulting a disability lawyer. Further the attorney can assist with getting the necessary medical documentation, work history, etc. to prove disability.
The Disability Mystery
Social Security Disability Insurance is a federal program designed to provide financial assistance in the form of monthly compensation to workers who can no longer work due to an injury, medical condition, etc.
Requirements
When applying for disability benefits, the following information is necessary when you initially contact the Social Security Administration. You may apply in person, on line or by phone.
1. Original copy of birth certificate or any valid document of applicant’s age
2. Social Security Number
3. Names, addresses, and phone numbers of all medical care providers, hospitals, etc. that provided services relevant to your injury or medical condition
4. List of jobs and companies done in the past
5. Proof of income (W-2 from employer or federal tax returns if self employed)
These documents are used by the SSA to determine whether you have earned enough work credits to qualify for benefits. If you have, then they can determine if you meet the legal definition of disabled to actually get the disability benefits.
A group of individuals from the State’s Disability Determination Services made up of a health care specialist and expert disability will evaluate the information provided. To determine if an applicant is disabled, they will consider the following:
1. Whether the applicant’s injury or medical condition prevents “substantial gainful activities” or employment
2. Whether the applicant’s injury or medical condition is included on a list of impairments developed by the SSA and listed on their website (www.ssa.gov) If not, they will consider the severity of the existing injury(s) or medical condition(s)
3. Whether the applicant is currently working
4. Whether the applicant can perform similar jobs that he/she previously had for the last 15 years or has transferable skills to do other types of employment
Most applicants will be denied benefits when they first apply. It could be for a number of reasons.
To resolve these issues, applicants should consult an attorney. Most attorneys offer a free consultation regarding Social Security Disability.
Requirements
When applying for disability benefits, the following information is necessary when you initially contact the Social Security Administration. You may apply in person, on line or by phone.
1. Original copy of birth certificate or any valid document of applicant’s age
2. Social Security Number
3. Names, addresses, and phone numbers of all medical care providers, hospitals, etc. that provided services relevant to your injury or medical condition
4. List of jobs and companies done in the past
5. Proof of income (W-2 from employer or federal tax returns if self employed)
These documents are used by the SSA to determine whether you have earned enough work credits to qualify for benefits. If you have, then they can determine if you meet the legal definition of disabled to actually get the disability benefits.
A group of individuals from the State’s Disability Determination Services made up of a health care specialist and expert disability will evaluate the information provided. To determine if an applicant is disabled, they will consider the following:
1. Whether the applicant’s injury or medical condition prevents “substantial gainful activities” or employment
2. Whether the applicant’s injury or medical condition is included on a list of impairments developed by the SSA and listed on their website (www.ssa.gov) If not, they will consider the severity of the existing injury(s) or medical condition(s)
3. Whether the applicant is currently working
4. Whether the applicant can perform similar jobs that he/she previously had for the last 15 years or has transferable skills to do other types of employment
Most applicants will be denied benefits when they first apply. It could be for a number of reasons.
To resolve these issues, applicants should consult an attorney. Most attorneys offer a free consultation regarding Social Security Disability.
Monday, September 1, 2008
How to Qualify for Social Security Disability Benefits
The biggest concern that any body who is applying for Social Security Disability benefits is how to qualify. In general to qualify for benefits, you must first have worked in job for a sufficient time to be eligible for benefits, and you second must show that you suffer from a medical condition or injury that prevents you from working for a minimum of one year. To determine if your employment is sufficient to qualify you for benefits, contact an experienced personal injury lawyer. Your work history can be evaluated to determine if you may qualify for disability benefits.
An attorney can also help you obtain and evaluate your medical records to evaluate the seriousness of your medical condition or injury in terms of qualifying for Social Security Disability benefits. As an attorney, I often I find that many people may have a condition sufficient to qualify for benefits, but their medical records don't sufficiently document all of the the concerns or complaints. It is possible to address multiple medical problems with your doctor during your appointment, which are not documented in the medical file. Anyone who has applied for disability can tell you that the medical records are extremely important in proving disability. They are even more important when trying to prove the start of the disability, which determines how far back the Social Security Administration will pay benefits.
Because this is such an important part of the process, we will assist you in trying to obtain the necessary medical documentation to help win you case, prepare you for each step of the process, and handle every aspect of the process.
An attorney can also help you obtain and evaluate your medical records to evaluate the seriousness of your medical condition or injury in terms of qualifying for Social Security Disability benefits. As an attorney, I often I find that many people may have a condition sufficient to qualify for benefits, but their medical records don't sufficiently document all of the the concerns or complaints. It is possible to address multiple medical problems with your doctor during your appointment, which are not documented in the medical file. Anyone who has applied for disability can tell you that the medical records are extremely important in proving disability. They are even more important when trying to prove the start of the disability, which determines how far back the Social Security Administration will pay benefits.
Because this is such an important part of the process, we will assist you in trying to obtain the necessary medical documentation to help win you case, prepare you for each step of the process, and handle every aspect of the process.
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