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When You’re Trying To Qualify for Disability Benefits…

Mar 30

Posted by Hal LaPray in Social Security Articles, Social Security Disability

Social Security Denials

Social Security Denials

When You’re Disabled

Getting the news from your doctor that you are disabled due to an injury or illness can be devastating. Since most of us are not financially prepared to hear the news that we can no longer work, the situation can be doubly distressing. Our first thought may be to seek relief in the form of Social Security disability benefits. While this program was created especially for providing an income for those who can no longer work, many Americans are finding out it isn’t quite the safety net they thought it would be. What’s more – they’re finding that even though their private doctor may have considered them disabled, they still have to meet the criteria set forth by the Social Security Administration (SSA) for qualifying for benefits.

"Getting the news from your doctor that you are disabled due to an injury or illness can be devastating"

When You’re Applying

First, the SSA will ask for a complete work history. They use this to determine whether you can even remotely perform the tasks of any of your previous jobs. If you can, they do not consider you disabled. Further, they will determine, based on your job skills, if you are able to do any other kind of work – even if it’s not something you’ve done in the past. If they believe that you can, you do not qualify for benefits. Once they determine that you do, indeed, have a disability, the SSA will investigate whether it is severe enough to interfere with job performance. If they decide it isn’t – you guessed it – you do not qualify for benefits.

The SSA maintains a long list of medical conditions that render a person automatically disabled. If your condition does not appear on their master list, they must find a comparable condition by which to measure the severity of yours. If they are unable to do this, your claim is denied and you will not receive benefits.

The Approval Process

Qualifying for Social Security disability benefits is a long, lengthy process. There are very specific guidelines that applicants must meet even after they have been deemed disabled by the SSA.  Educating yourself as much as possible on the application and qualification process is imperative to avoid the common pitfalls that so often result in disability benefits being delayed or denied. The Social Security disability website offers a plethora of information for those who are actively seeking disability coverage. Discussing your claim with a qualified social security attorney is another way to ensure that you take the right steps to get the disability benefits that you need and deserve.

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California SSI Recipient Starts Online Petitition to Protest Decreased Benefits

Aug 10

Posted by Hal LaPray in Disability News, Social Security Articles, Social Security Disability, Supplemental Security Income (SSI)

california-economyFran Cannon, a Californian who depends on Supplemental Security Income (SSI) benefits for her livelihood, has started an online petition to protest the recent reduction in Social Security disability benefits for SSI recipients in California.

"A key characteristic of a mature political society is the willingness and ability of that society to support those who cannot otherwise support themselves"

With California being faced with a budget crisis, steps have been taken to reduce payments of benefit recipients in that state.  While SSI is a federal program, many states supplement the monthly income benefit checks from their own budgets.  Recently the amount supplemented by California has been reduced two times, to levels that were extant four years ago.

This is such a shame.  A key characteristic of a mature political society is the willingness and ability of that society to support those who cannot otherwise support themselves.  People who live on Supplemental Income Benefits (SSI) are already faced with financial difficulties that few Americans truly understand.  These are people who have been declared wholly disabled and unable to earn a living, including people who are blind, elderly, or mentally disabled.

While economic downturns and budget shortfalls can be expected from time to time, one would certainly hope that our civic leaders and public officials would weigh very carefully all options, alternatives and consequences of such a decision, considering the social and economic ripple-effect impact across the spectrum.  Decisions like this should be made after all other solutions have either failed.

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Senate Mulls Social Security Reform Ideas

Jul 14

Posted by Hal LaPray in Disability News, Retirement, Social Security Articles, Social Security Disability

The Senate Aging Committee Discusses Social Security Benefits

The Senate Aging Committee Discusses Social Security Benefits

While no new bills have been presented to either houses of Congress, the U.S. Senate held a Special Committee meeting last month to discuss better ways of implementing the Social Security benefits program for those who need it the most, the fastest.

At issue was the current state of the economy and how the recession has forced more Americans to file for Social Security disability or Retirement benefits in order to pay the bills.

“Social Security was designed in another era. We need to make sure that the most vulnerable in our society are not left behind as we examine ways to strengthen the program”

The Senate Aging Committee discussed the country’s increasing dependence on Social Security in addition to the federal program’s long-term sustainability and it’s efficiency.

The Senate Aging Committee Chairman, Senator Herb Kohl, D-Wisc. was quoted as saying”The impact of the financial downturn provides a stark contrast to the dependability of Social Security, and it is also the reason that the program’s guaranteed, inflation-protected benefits are more vital to Americans now than ever.”

Those present at the hearing debated ways to improve the system in order to bring it more in line with the needs of today’s families.  “… as crucial as the program is today, the fact is that it was designed in another era. We need to make sure that the most vulnerable in our society are not left behind as we examine ways to strengthen the program”, Kohl continued.

Present at the meeting included Leon Burzynski (the president of the Wisconsin Alliance for Retired Americans), former Social Security Administration commissioner, Kenneth Apfel, and Joan Entmacher, of the National Women’s Law Center.

“We need to ask a series of questions — whether Social Security continues to be a benefit people can count on; whether the elderly, disabled and survivors of workers are protected from financial hardship; whether the program is efficient, universal and fair; and whether the program is maintained as a basic public trust,” Apfel stated.  The former commissioner was able to give a detailed overview of the need to efficiently deliver benefits to survivors, disable workers and retirees who rely on Social Security benefits to make ends meet.

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Raising Children While On Social Security

Jul 13

Posted by Hal LaPray in Disability News, Retirement, Social Security Articles, Social Security Disability

Raising children while on Social Security benefits can be challenging.

Raising children while on Social Security benefits can be challenging.

With the advent of medical progress on all fronts, there has been a sharp rise in the median age for women who bear children.  The Centers for Disease Control reports that the median age for mothers at their first live birth rose from as low as 20.3 years in 1970 up to 27.8 years in the year 2000.  As today’s parents mature, there is a higher likelihood of those who are retired and/or disabled may actually be raising minor children in their home.

For those retired or disabled persons who are raising minor children as dependents, it is important to remember that, chances are, those children are also eligible to receive Social Security benefits.  This is the case for parents who are receiving either retirement or Social Security disability benefits.

In order to be eligible to receive such benefit payments, a minor child must have a parent that is disabled or retired, and otherwise entitled to receive Social Security benefits.  Additionally a minor child may also receive benefits if his or her parent has died after sufficient contributions to the Social Security program have been made through payroll withholding.

The child must not be married and younger than the age of eighteen, unless the child is also disabled, wherein benefits may be payable if the child was less than 22 years old when the disability began.

Ultimately, a child may be eligible to receive one half of his or her parent’s retirement or disability benefit payment.  If the parent is deceased, the child may receive up to 75% of the parent’s basic benefit amount.  If more than one child is eligible within a single family, then each child may recieve benefits at that rate (until a maximum amount of 180% of the benefit amount is paid).

In short, it is important to maximize you or your child’s potential Social Security benefit eligibility.  Research, find out, and get help.  Call a qualified Social Security attorney and ask questions. A great source for additional information can be found at the Social Security website. -> Benefits For Children

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Interview With A Social Security Attorney

Jun 30

Posted by Hal LaPray in Disability News, Social Security Articles, Social Security Disability

video management, video solution, video streaming Steven Packard, a Social Security Attorney who represents disability claimants granted an interview to the local news.  The transcript follows:
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John Bridges: We’re talking with attorney Steven Packard on Social Security Disability.  It’s something that a lot of people have to deal with everyday.  Steven, who needs to worry about Social Security disability?  Who does this affect?

Steven Packard: Social Security affects everyone.  It affects people who have worked their whole life, and it also affects people who have stayed home, raised their children, and have never had an opportunity to go into the work force.

John Bridges: And this is for when you’re injured or disabled for an extended period of time, right?

Steven Packard: Yes, any injury or illness that takes a person out of the work force for at least a year.

John Bridges: So you don’t have to be 62 to use it, it can happen at any age?

Steven Packard: It can happen at any age. I’ve seen people become disabled in their early 30’s; sometimes even in their childhood. It’s a sad situation, but sometimes it affects people even in their childhood.

John Bridges: Does SSDI take care of something that insurance does not? How does that work?

Steven Packard: Many people do have disability insurance and there is an interplay between Social Security and insurance.  There are different types of insurance, and they typically work hand in hand.  It brings into the picture issues like Medicare, Medicaid… and sometimes there is a little bit of overlap between the two.

John Bridges: What are some of the questions that you get from clients about Social Security disability?

Steven Packard: The main question that I get over the phone is when people are surprised when a doctor has told the person that they can never go back to doing the same kind of work that they’ve done in the past.  Let’s say, if they were a carpenter and they can no longer go out and do that kind of work, but the person has never done anything else. They call me and say, “My doctor has told me that I can’t do what I’ve been trained to do my whole life”, and that can be a perplexing problem. There are guidelines on what the judge can do.

John Bridges: It’s obviously difficult to be told mid-life that suddenly you can do what you’ve done your whole career.  When do you need an attorney? When does a person call someone like you to become involved?

Steven Packard: A person can retain a law firm at any stage in the process.  Most of the time, however, an attorney gets involved after a claimant has been denied. The person will go in, make an application, and they’ll frequently get denied by the Social Security Administration and the individual doesn’t know what to do next, so they call me.

John Bridges: What happens then? Do you file a suit or do you try to work it out without having to go to court?

Steven Packard: Well, we have to file an appeal.  We go through the appeals process and we eventually seek a hearing with the judge, face to face. Up to that time, they’ve already gone through the process and up until that time there wasn’t a face-to-face interview with the decision-maker, and that’s what we want this time - a face-to-face meeting with the decision-maker.

John Bridges: How are fees assessed in a situation such as this? Do you charge a certain percentage of the final award or what?

Steven Packard: Typically what’s done.. is that there is a percentage of the back pay that is used to pay the attorney.  It’s a lot easier for the claimant to pay a fee that way and it works best that way.

John Bridges: Ok. If you need more information you can contact an attorney…

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