Posts Tagged ‘Social’

Social Security Disability Appeal Advocates

Saturday, February 13th, 2010

When you go to a Social Security Disability hearing and you decided to do it alone without a disability advocate or attorney the chances of winning your case may drop or this may severely hurt the chances of being awarded benefits you really need.

Here is a very strong argument that you may not have heard before when it comes to getting adequate representation from disability advocates, and it happens to be based on experience from advocates that have been in the business for well over a decade.

A disability advocate was contacted by a claimant that was denied during their SSDI hearing. Advocates obtain a copy of the recording of the hearing process, as all SSDI hearings are recorded for just this reason. When the advocate listened to the audio tape, he noticed a few things that stood out immediately as proof that having an advocate on your side can really make a difference.

The hearing in question lasted less than a total of ten minutes, despite the fact that the average hearing typically goes for at least thirty minutes. When a hearing doesn’t even take twenty minutes, red flags are thrown up.

During the hearing in question, the judge never made an effort to advise the claimant that she had a right to fair representation.

Finally, the judge didn’t take the time to ask the claimant about any recent medical treatment since her initial application, nor did he try to gather any updated medical information so that her record could be updated, meaning that the SSA did not have her most recent information on file, and was lacking evidence that could have helped her in this process.

If this claimant had an attorney or another representative with her, this would not have been allowed to happen. She would have had someone on her side who could have informed her of her options, and made sure that the judge had all of the pertinent information, old and new.

From here, then, you have a choice between two options. There are advocates that will work to represent the claimants, or you have the choice to choose an attorney to hire, for this you can choose a lawyer that mainly handles these claims or one who is not a specialist in this line of law.

Neither of these options can provide you with a guarantee that they will be successful in securing the benefits that you are making the application for. This legal representation will guarantee that you will be ready for your hearing and properly prepared. This is one of the best things you can do when applying for Social Security benefits, as these professionals will know what to look for when it comes to making your best case.

There is no reason not to come equipped with an advocate on your side when applying for SSDI or appealing a decision regarding your SSDI and SSI benefits. Having SSDI experts on your side provides you with relief that someone is in your corner who knows what they are doing when filing for disability insurance or appealing a decision.

What Is Social Security Disability ? How Do I Apply?

Thursday, January 21st, 2010

If you are like most of us, you have a medical condition and have questions as to whether you may qualify for Social Security Disability Benefits. This article may help you find answers.

First let?s start out by answering the question, what is SSDI or Social Security Disability Insurance?

SSDI is a government insurance program that offers compensation payments for people who apply for this benefit and are qualifying disabled people. Social Security Disability Insurance is a disability benefits insurance program organized by the Social Security Administration (SSA). This coverage purpose is to offer a wage supplement for individuals who were working in the past who develop a debilitating health or disability condition which will prevent them from working.

In order to be potentially eligible you must have paid FICA taxes and also meet all the Disability guidelines. SSDI is not for people who have a short term illness which will keep them out for a short period of time. This program has been designed to offer long term benefits with sever, long-term health problems.

To apply for Disability Insurance it is best that you seek help such as an SSDI advocate. A good example of an advocate that can help you with the entire process from application to representation is Freedom Disability of Shelton CT. In order to be eligible for Social Security Disability Insurance, you need to have and submit the application which must be approved by the SSA better known as the Social Security Administration.

Note: Approximately two thirds or 2.5 million applications are rejected every year. When you first apply for disability insurance these applications are reviewed at state level.

To increase your chances of success rate, it is highly recommended that you search for Social Security Disability Advocates like Freedom Disability that have the expertise and who specialize in the application and appeal process.

If you were receiving benefits, but the Social Security Administration decided that you no longer qualify, you may wish for your benefits to continue during the appeal process. You must make this request within ten days of receiving notice that you are no longer eligible for Social Security Disability Insurance benefits. You can only request that your benefits continue if you are appealing a decision that you no longer qualify for Social Security Disability Insurance benefits because your medical condition is no longer disabling.

The Social Security Administration sets the determined standard fee rate for all organizations such as Advocacy, attorneys and other professional organizations. Currently the fee for representation is set at 25% of the retroactive dollar awarded amount.

Social Security Disability or SSDI Benefits

Tuesday, December 29th, 2009

One of the biggest problems that most people make when applying for SSDI or Social Security Disability benefits is to go through the process unprepared and not having all the facts. When you file for SSDI the examiners who review your case file do not become aware of the lapse in time as to when you decided to file a claim to the actual time the claim was submitted. By being proactive and obtaining all the proper paperwork and information you need to file for your claim will give you a good advantage on pleading your case for disability income. When you have everything you need and you feel confident you need to get the ball rolling with the filing process.

There are a number of reasons why people put off their filing for social security. In some cases, they seem to be simply hoping that the condition they are suffering from is going to improve, or that somehow the job that they are doing is going to be able to accommodate their disability. Most individual tend to simply put off their filing of their application because of the work involved or they feel that they are incapable.

Many claimants end up feeling caught up in the process because they are worried about filing for disability and becoming denied. Unfortunately, when you are denied by your SSDI or SSI application, it may mean spending a great amount more time pursuing your claim by climbing the appeals ladder. For many of those applying, this is a scary idea and it leads them to stress themselves out about applying at all. Luckily, there are ways that you can eliminate or lessen these fears and focus your attention on properly and completely preparing

When you decide that you want to apply for these SSDI and SSI benefits, the first thing that you should do is to find out more information about having someone on your side, such as an attorney or an advocate. You can file as soon as you feel that you are ready, but you should not file until you have worked with a professional and determined whether or not you are fully prepared. Your attorney or advocate will be able to tell you if he or she feels that you will qualify for disability, and will help you shape your application or appeal accordingly. With any additional support you may receive from possibly an attorney or disability advocate you will be able to go through the process smoothly do to the fact there there will be no gray areas determining whether or not you are well prepared.

If you are not working because of your disabled status or condition, then it is time to find out more about applying for SSI or SSDI benefits. When you have someone that is fighting on your side with you, it will make it easier for you to prepare your case and to determine whether or not you are prepared to file your claim.

Choosing a Social Security Disability Attorney–5 Tips

Tuesday, November 17th, 2009

The process of applying for Social Security Disability can be confusing and overwhelming. Many applicants are turning to disability lawyers to handle their claims. There are several reasons for this. First, these attorneys are experts in the Social Security field and know exactly how to present your case. They know what Social Security looks for and the documents that will be needed. Second, disability lawyers handle the mountains of paperwork required to process a claim, as well as the phone calls and letters to and from Social Security. And finally, those who hire disability attorneys have their chances of being approved jump dramatically. Some disability firms have success rates as high as 90%.

So if you have decided to hire a disability lawyer but don’t know what to look for, here are five tips.

Tip #1: Immediate, professional assistance.

If you call a disability center and the person answering the call puts you off or takes a message, that may mean that the firm is short on employees, or there is a computer or electronics issue. Or it may mean that your business is not a priority. In either case, look for a disability firm that is friendly and helpful, answering any questions you may have in a professional manner.

Tip #2: Acceptance of your case no matter where you are in the process.

Many disability lawyers turn down your claim until you have been denied once or twice. This may be because the hearing level has the highest chance of success, and they don’t want to waste time waiting with you. Choose a disability firm that will accept your case from the very beginning, or even have them do your application for you if it is offered. This may result in your claim being approved sooner, as those who go unrepresented sometimes make mistakes that cost them valuable time.

Tip #3: Get on a first name basis.

Some clients believe that they should deal directly with the attorney about certain matters, and worry when other employees offer to help. In reality, it is the employees that do much of the preparation necessary to prepare a disability claim. The best disability firms will assign you to a worker who handles much of this preparation. If you have a question, he or she will usually take your calls and answer your questions, and will be familiar with your situation. If you speak with a different receptionist every time you call and no one seems to communicate about your case with each other, find another disability lawyer.

Tip #4: Status information.

The best disability lawyers make it easy for you to find out the status of your claim. Some send letters or emails to let you know what is happening with your claim, and others may give you a phone call. However, do not be alarmed if you do not hear from your disability lawyer for months at a time. Some points in the Social Security process, such as waiting for a hearing, are times when even lawyers may be finished with preparations and have nothing to do but wait. This is the way the system is set up, and not the attorney’s doing. But find a disability attorney who adequately informs you on the status of your claim.

Tip #5: Size.

Many applicants disagree here. Some say it is better to hire a disability attorney who has a small practice, because you will get more individualized attention and the lawyer will work harder on your claim. If this is your opinion, be careful not to hire a disability attorney who has little experience or who specializes in other types of law. In my opinion, it is best to find a disability lawyer who has plenty of Social Security disability experience. These lawyers often have many, many clients, because of referrals and word of mouth. Just make sure they follow the four tips above.

Wherever you are in the process of Social Security disability, and finding an attorney, best of luck.

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Social Security Disability Appeal

Saturday, October 17th, 2009

If you are not approved the first time that you apply for SSDI or Social Security Disability Insurance, then there is a social security disability appeal process that you are going to want to become acquainted with. If you were denied for your disability claim, then you are given a period of not more than sixty days to appeal the decision with the Social Security Administration. There are four different opportunities available to you for appeal, and they go in the following order:

The first step is the reconsideration. The second step is a hearing in the presence of a judge. The third step is a review by the appeals council. The fourth step is a review by the federal court.

If you have been denied for the benefits that you deserve in the past, then you are encouraged to find out more about the social security disability appeal process. You need to submit your request for an appeal within sixty days following the receipt of your denial letter from the Social Security Administration.

Reconsideration – The first step in most areas is the request for reconsideration. In this appeal, someone that was not originally a part of the decision is going to review your case and make a new decision. All of the original evidence and any new information that you have will be provided to them. If your case is reconsidered and still denied, then the next step is to request a hearing in front of an ALJ or Administrative Law Judge.

Hearing – The second step is to go before an Administrative Law Judge for a hearing. He or she will not have any previous knowledge of the claim that you are making. Before you go before the judge, you are going to want to make sure that you are prepared with all of the right evidence and paperwork. After your hearing has been completed, a decision will be made by the judge based on a combination of the initial evidence and any new evidence that you have provided to the court.

Appeals Council – Should you disagree with whatever decision is made by the judge, the next step in the claim process is to approach the appeals council for the Social Security Administration. The council will look at all review requests and can reject any review that they feel was properly determined. If the council does decide that they would like to review your case, they will make a decision themselves or appoint a new ALJ.

Federal Court – If the decision that the appeals council made was not the decision that you were hoping for, or if the appeals council refused to hear your case, then the final step in the process is to file a lawsuit by contacting a federal district court. This is the final stop in the process, and you must make sure that you have all of the necessary evidence and information to plead your case, otherwise there are no further chances in the process.