Bill Gordon and Associates » Disability Benefits

What Other Benefits Might You Qualify For?

Travis — Wed, 15 Apr 2009 06:16:09 +0000

Other benefits available

Social Security Disability Insurance and Supplemental Security Income are not the only benefits that are available for the disabled. You may also have private long-term disability insurance through a recent employer, for example. Some of these private insurance plans require their members to apply for Social Security Disability Benefits even though the private insurance plans generally have a less rigorous definition of “disability,” or cover partial disability (which SSI/DIB do not). The fact of them requiring this is highly controversial; feel free to contact our firm for advice if you have any questions.

If you became disabled as a result of serving in the United States Armed Forces, you may be eligible for veterans’ disability benefits. Because some veterans’ benefits are available for partial disability, whereas Social Security provides benefits only in the case of total disability, it may be easier to gain veterans’ benefits than Social Security disability benefits. A pension is available for veterans with limited income who are either permanently and totally disabled or are at least 65 years of age. Contact the U.S. Department of Veterans Affairs at 1-800-827-1000 for more information.

State governments often provide vocational rehabilitation services that may assist you in returning to work. If you are able to work, we recommend that you contact the vocational rehabilitation service in your state for more information. The Social Security Administration maintains a list of government-sponsored vocational rehabilitation services, work incentives planning and assistance programs, and protection and advocacy programs. Your local or county government may also be able to provide you with medical or financial assistance.

The “trap” hidden inside workers’ compensation

If you are disabled as a result of your work, you are probably eligible to receive workers’ compensation benefits. Contact your state government for information. Please note that receiving workers’ compensation benefits may affect the amount of Social Security benefits you can receive; specifically, the sum of public disability benefits including Social Security Disability Insurance and Workers’ Compensation (but not Supplemental Security Income) benefits payable to you and your immediate family generally cannot exceed 80% of your “average current earnings.” The calcuation of “average current earnings” may be complex in some cases, so please contact a lawyer for more information.

If you were laid off from a job, you may be eligible for unemployment benefits. You apply for unemployment benefits through your state government. Generally, in order to receive unemployment benefits, you must be able and available to work, whereas to receive disability benefits, you must be unable to work. If you were laid off and are not sure whether your medical condition allows you to do other work, consult with your physician and, if still in doubt, feel free to contact a lawyer.

Finally, if you are a Supplemental Security Income (SSI) applicant, you must inform the Social Security Administration if you are eligible for any other benefits or payments. Generally, you should apply for any other benefits you may qualify for. If the Social Security Administration tells you to apply for a benefit, you must do so.

This list is not exhaustive. There may be other benefits you may be eligible for. Contact your local government or other local organizations for more information.

Work Credits for Social Security

Travis — Wed, 15 Apr 2009 06:12:52 +0000

What are “work credits” and how do I earn them?

Social Security Disability Insurance benefits work much the same way as Social Security retirement benefits, in that if you work, you pay a substantial amount of money as Social Security tax. By paying Social Security tax, you earn “work credits,” by which you become legally entitled to receive benefits; however, the number of credits required differs based on whether one is applying for retirement benefits or disability benefits. A worker can earn up to four “work credits” per year. The exact number depends on how much money you make; in 2009, for example, you would receive one work credit for every $1090 you make, up to a maximum of four credits for the whole year. If you have earned 40 “work credits,” then when you reach retirement age you will be eligible for retirement benefits.

For the “work credits” to count towards disability benefits, however, they generally must have been earned within the last 10 years. The Social Security Administration website explains how many work credits you need.

Avoid being bitten by the backlog bug

Travis — Thu, 26 Mar 2009 04:46:19 +0000

The disability appeals hearing backlog

When you become disabled, you probably have a lot of things on your mind. If you can’t work, you’re wondering how you can possibly restore your income so you can receive medical treatment and get back to work. So, you apply for disability benefits. Then what happens?

About 40% of all claims are approved within a few weeks to a few months of the initial application. The Social Security Administration has a statistical scoring method that prioritizes certain disability claims. Call us at 1-800-819-8123 for more information.
Some claims are partially approved; for example, they may approve the claim but say that the disability began later than when you actually stopped working. If this happens, it’s important to consult a lawyer before attempting to appeal. Call us at 1-800-819-8123 to discuss your options.
Many claims are disapproved.

Luckily, if your claim is one of the many that’s disapproved, you can appeal. Your first appeal is known as a request for reconsideration. About 20% of these are approved.

So what do you do if your claim is denied twice? You request a hearing. And more than half of all claims that reach the hearing stage are approved! However, there’s a backlog of cases that have been waiting for hearings. In some parts of the country, the backlog is virtually non-existent, but in other parts of the country, cases have been waiting almost three years for a hearing. The reasons for regional variation are complex, but the backlog itself is caused in part by underfunding and understaffing of the Social Security bureaucracy, combined with periodic increases in Social Security claims that occur when people file who are unable to work because of economic conditions rather than because of a bona fide medical disability.

Here’s the good news. If your disability is so severe that it matches one of the listings of impairments maintained by the Social Security Administration, there are a number of things you can do to increase your chances of winning, even before you see a lawyer.

Get medical treatment for your condition, and follow the advice of your doctor to the best of your ability.
If you are unable to afford to see a doctor, check with local churches and non-profit organizations to see if you can get a referral.
Talk to your doctor. Your doctor can determine whether your condition meets any of the listings of impairments.
If your doctor tells you not to work, or volunteers to participate in your case, then print out the URL
http://www.socialsecurity.gov/disability/professionals/bluebook/listing-impairments.htm
and ask the doctor to review the list and see if you qualify. A letter from a doctor saying that you meet or equal a specific listing carries far greater weight than a letter merely saying that you are disabled.
If your doctor thinks your condition meets or equals a Social Security listing and that you cannot work, then ask him to send the records directly to the disability determination service. If you are a Bill Gordon client, we can provide you with the mailing address or fax number where your doctor can send the records. The Social Security Administration is actually required to give great weight to your doctor’s diagnosis of your condition – if it is supported by your medical records!
If asked by the Social Security Administration or the disability determination service to attend a “consultative examination,” it is very important that you go. The Social Security Administration only schedules “consultative examinations” if there is not enough information in your medical records for them to determine whether you meet their definition of disability. Remember that the government pays the cost of consultative examinations. If it is not possible for you to make it to the location of the doctor who will perform the exam, then call the number printed on the examination notice to reschedule. If you have difficulty rescheduling, then call us at 1-800-819-8123 immediately. If you don’t show up for a consultative examination, your claim will likely be denied.
Doctors who do consultative examinations sometimes try to determine whether you are “exaggerating” your disability, and if they think you are, they could issue a report that may result in a denial. Rather than try to outsmart the examiner, try to act as if you are being examined by your own doctor; that way, the doctor doing the examination will be more likely to focus on how to diagnose your condition accurately. Ask the examiner to send a copy of the report to your own doctor; if you are lucky, this report may assist your doctor in treating your condition more effectively. If, however, the exam is not thorough, or if you are not treated respectfully, then call us at 1-800-819-8123.

In a nutshell, doctors are qualified to say that you meet or equal specific listings, whereas lawyers are qualified to say you are disabled. (That’s because the statement that you are “disabled” is a legal conclusion, based on a knowledge both of your condition and of the law.) By making the best possible use of the expertise of your doctor and any other doctors who examine you, you improve the chances of winning your case.