Archive for May, 2009

How You Can Help Your Disability Lawyer

Sunday, May 31st, 2009

Once your application is denied in the initial stage, you will most likely get the services of a disability attorney to improve your chances of winning the claim.

Here are a few points on how you can help your disability lawyer meet your goal:

• Provide information – In your first meeting, you should be able to tell your lawyer all the necessary information about the case such as the status, the last action made on the case, when was the appeal made, medical history stating your present health conditions, and the list of doctors and hospitals with the names and contact numbers and prescriptions.

• Notify And Give Updates – It is always important to let your lawyer know what is going on with you. If you change, telephone numbers or move to a new address, it is best to tell him. If you receive a letter from the social security office, you should inform your lawyer about it. Alternatively, if you just receive a new diagnosis of an illness that could affect your case, the lawyer must be notified quickly.

• Set a regular meeting – An occasional meeting with your disability attorney will help you keep informed of the status of your case. Because most disability cases often take months to be heard, a meeting with the lawyer will help you keep informed of the development in the case.

• Make sure all deadlines are met. You should honor your commitments and stick to it. Be sure to have all necessary paperwork done and accomplished. For example, if a denial letter was received, you must submit the necessary document even before the expiration of the 60-day deadline.

On the other hand, the disability lawyer checks the status of the case, resolves problems that may arise in the process, provides information to the examiner assigned on the case, and files the required paperwork.

When a case is set to be heard by a judge, the disability attorney is expected to obtain a copy of the claimant’s social security file, medical records, get supporting documents from the doctors, provide copies of medical records to the judge, and prepare the case.

Benefits Application Made Easy Online

Sunday, May 31st, 2009

Applying for social security benefits need not be that hard. An online service is now available to those who wanted to apply for benefits such as retirement benefits, disability benefits, and spouse benefits.

You can apply for benefits online if you are

• 61 years and 9 months or older and plan to start receiving retirement or spouse’s benefits within four months; and

• if you have a disability or illness that is expected to keep you from working for at least 12 months or you have a serious condition that will result to death

Applying for benefits online takes only a few steps. On any computer with secure internet connection, access the social security agency link, fill in the answers to the application questions and once completed, you can send the application.

But before you begin doing this, you will need to get a few things ready.

• Your social security number and date of birth,

• direct deposit numbers to have your monthly benefits deposited for you,

• the amount you earned last year and how much you expect to earn this year (and next, if you apply between September and December),

• for disability claims, information about your illnesses, injuries, and conditions plus your medical care providers,
• the name and addresses of each employer for the last two years,

• if you were in the military between 1939 and 1968, the beginning and ending dates of each period of active duty service, and

• your social security statement

When you apply, you will also be ask to give the ff: name, social security number, and date of birth of your current spouse, and any former spouse including marriage and divorce information and names of unmarried children (your dependent natural children, adopted children, stepchildren and possibly your dependent grandchildren and step grandchildren who live with you) under the age of 18 or 18 and still attending secondary school, or any other child disabled before age 22.

The online benefit service has several advantages:

• It saves time and money

• It can be done in the privacy of one’s home at his own pace

• It costs less to process

However, other online benefit applications that will be made available are supplemental security income (SSI) benefit, children benefit, surviving spouse benefit, lump sum death payment, and the application for medical coverage.

Disability Insurance Income

Sunday, May 31st, 2009

We would all like to know exactly what was going to happen to us in the future, good or bad although it is hard planning for the good it is much easier, although less pleasurable to make arrangements for the bad but disability insurance can help. Often the biggest strain when you are unable to work is that knowing you must try and recover as quickly as possible for the sake of your family, and this causes additional stress so this type can act as a safety net whilst you are incapacitated. The chances of you being in need of disability insurance before the age of 65 far exceeds the possibility of death prior to this age. Unfortunately, this fact is often overlooked when life insurance coverage is being arranged. If you are aged 40 for example, there is a higher chance that you will be disabled, and thus unable to work for a period of 90 days or more, than of you dying before the age of 65.

Of course, when someone is seeking insurance cover, it is imperative to find the best rates and plans available. Unlike life cover, disability insurance rates are based on the potential income lost as well as, age, occupation and general health. There are a few ways of reducing the cost of your cover with the main one being selecting a longer period of time or waiting period following an accident or illness before the payments commence. Some people find that by setting the plan to pay for only a set period of time, they can dramatically reduce the premiums they have to pay as it eases the potential burden to the company but can be a problem if the time out of work lasts longer than the plan provides for.

Whatever your situation though, common disability insurance usually covers only a specific percentage of your original salary. Reduced period insurance is also known as short term disability and although it may only last a few months, the benefits can be greater to the claimant. On the other hand, this can provide limited financial cover for a much longer period but it will be the responsibility of the claimant to prove that they are unable to carry out work related tasks that provided their income previously. Whatever the situation though, a person making a claim owing to incapacitation will be sent a disability benefit check every month until the end of the plan or they return to work.

Some key issues to research in policies include, pre-existing conditions, your own occupation versus any occupation, time frames and whether or not the monthly benefit payment is taxable or tax free. Each policy is different so the amount of salary the insurance plan will pay will depend entirely on the policy you decide to go with. To give you an example: some plans pay out as much as seventy percent of your monthly income in benefit whereas others can pay as low as forty percent so you need to do your research to avoid being paid less than you can afford to survive on. More than any other factor, it is this one that you need to be sure of as once you have taken out the plan and found it necessary to make a claim, it will be too late for you to change it.

Win Your Social Security Disability Hearing

Sunday, May 31st, 2009

If you are looking for advice on how to win your disability case in front of a judge, you have probably been denied once or twice already. The good news is, you appealed and made it through the long waiting list to get a hearing scheduled. Consider that a victory in itself. Now for the hard part: convincing the judge that you can’t work.

First you have a decision to make. Do I go it alone or hire a lawyer? It may seem daunting to go to the hearing unrepresented, and for good reason. You have waited for so long to this point, and the statistics show that in most states, your best chance of being approved is at the hearing level. If you are denied, you have to appeal again, possibly being denied at the Appeals Council level, then start the process all over again. This is the time to be prepared.

The main reason for hesitation about hiring a disability lawyer is that applicants are already tight financially, so why should they give any of “their” money to an attorney? This is obviously something to consider, but most people are surprised to hear how small the attorneys’ fee is. Injury lawyers can charge up to 40% of your winnings. Disability attorneys are only entitled to receive up to 25% of the back benefits (currently capped at $5300). They do not get any of your ongoing benefits. That means, if you win your case and are awarded $10,000, your attorney only gets $2500, and you still get monthly payments. And he or she does almost all of the work. Is it worth it to hire a lawyer if your chances of winning jump considerably? This is up to you.

If you are determined to go to the hearing unrepresented, you may have some work to do. First, you have to understand what the judge will be looking for. You must present documented proof of your condition back to the date you say you first were disabled. This means you need all your medical records from doctors you have seen or hospitals you have attended, probably several years back. These medical records should contain some opinion by the doctor about your ability to work. If they don’t, you should talk to your doctor about writing a letter or completing a Functional Capacity form, if he or she hasn’t already. These forms should be available from Social Security.

If you can’t afford a doctor visit and haven’t been seen in awhile, it is very important that you go to a no-cost clinic or the health department, or even the Emergency Room if necessary, to get some opinion or record of your condition. If you have an
HREF=”http://ssdisabilityapplication.com”>attorney, he or she may have medical contacts that can help.

Once you have the records you need, make sure the Hearing Office and Social Security Administration have them as well, and in plenty of time for the hearing. Be at least 20-30 minutes early to your hearing. And finally, do NOT feel like you need to put on a show for the judge. Judges are pretty experienced at determining whether an applicant is genuine or faking it. He or she may ask for more information before a decision is made, or a decision may be announced at the hearing, or the Judge may give you no idea of the decision until you receive it in the mail. Once you do receive the decision, which will probably take a few months, remember that you do have the option to appeal. You should appeal and/or start a new claim as soon as possible. If your claim is approved, remember that it takes awhile to get your check.

Good luck and best wishes for a fully favorable decision.

Seven Reasons Why Disability Insurance Will Increase Revenues For Businesses

Sunday, May 31st, 2009

The primary reason businesses are created is to create revenue for it owners. There could be a single owner or many owners like a corporation. These businesses are always looking for ways to increase revenue. I will explain in this article seven reasons how disability insurance can increase revenue for a business.

The first reason is that having disability insurance will decrease time off for employees. Disability insurance has a time limit on how long an employee will be paid for their time off. When employees are working more then being off because of a sickness and accident more services and products are being produced creating more revenues.

The second reason is that an employee paid disability insurance will save cost for businesses on their benefits. The liability of having this insurance will be passed on to the employee.

The third and fourth reason is for tax purposes, when businesses have disability insurance, it is a business expenses and this will increase revenues by paying less taxes and workman compensation expense.

The fifth reason is when employees have disability insurance in place for themselves and they do go off work because of a sickness or accident. It is less likely that the employer will need to help the employee pay their bills. This in turn will keep revenues increasing and expenses down.

The sixth reason is that having disability insurance in place will cause less stress for an employee. The concern of a potential lost of wages because of a medical leave can cause employees to be less productive. A employee that has less stress on the job will be more productive causing an increase in revenue.

The last reason for having disability insurance is that employees will feel that the business cares about their well being. This will cause employees to stay with the company longer. This will increase revenues, because the expense of hiring and training new employees will decrease.

In conclusion, the seven reasons for having disability insurance for a business can increase revenue. The need for businesses to have insurance can be determine by how much it does increase revenue. The business must evaluate their profit margins to justify having the insurance. As the number of accidents and illnesses increase in society, the need for disability insurance will be increase in the future.

Stating the Types of Social Security Benefits

Sunday, May 31st, 2009

Unlike what most Americans perceive it; Social Security is not just focused in Retirement Benefits. Rather, it covers other important programs that serve the purpose of helping the workers and their families with their financial needs in certain difficult situations of their lives.

Practically, the Social Security Program of the government includes these three major concerns:

1. Retirement
2. Disability
3. Survivor’s Benefits

Retirement Benefits

Originally, Social Security intends to impart workers with a continuous source of income after they have reached the full age of retirement. The amount of retirement benefits will be based on the employee’s average earnings throughout his or her working career. This would mean that the higher career earnings of an employee, the higher amount of benefits that he can get from the Social Security Administration.

Obtaining eligibility for retirement benefits is just as easy. Workers who were born after 1928 just have to earn forty Social Security credits by paying his Social Security taxes. Every year, an employee may earn four credits, enabling him to earn his eligibility for at least ten years of working.

A worker’s full age of retirement depends on the year of his birth. For more details, you may log on to the SSA’s website at http://www.ssa.gov

Disability Benefits

Social Security Disability or SSD benefits support the workers who have sustained any physical or mental impairment, which prevented them from performing “substantial gainful activities”, that is expected to last or has already lasted for at least a period of one year or probable to result in death. To see a complete list of impairments accepted by the SSA, you may go to their nearest office or you may again log on to their website.

If you have been disabled, it would be necessary for you to file your application immediately since the actual process of Social Security benefit claims may take quite a long period. It is also important that you bring the following upon your application:

* Your complete medical records including those results of your check ups from your doctors and therapists
* The laboratory findings and other test results connected with your disability
* The names and contact information of your medical attendants
* Your employer’s name and a description of your job

Survivors Benefits

This program of the SSA seeks to provide financial assistance to the surviving family of a deceased worker. When you die for any natural reason, your love ones may file their Social Security benefit claims with the SSA. Your family members who can collect their benefits are:

* Widow or widower who is
o 60 yrs. of age or above
o 50 yrs. of age or above if disabled
o At any age if taking care of your child younger than 16 yrs. old or disabled and who is receiving his Social Security benefits

* Unmarried children who are

o Below the age of 18
o Between the age of 18 and 19 but still full-time elementary or high school students
o At any age if seriously disabled before reaching the age of 22
o Other dependents such as your parents provided that they meet the requirement set by the SSA

VA Disability Benefits

Sunday, May 31st, 2009

VA disability benefits are available for war-time veterans or their surviving spouse whether or not your disability is service-connected. There are many veterans and surviving spouses of deceased veterans from World War II and Korea that don’t even know they qualify!

It is a shame that this is one of the VA’s best kept secret.

Of the two VA disability benefits, the one discussed here is the non-service connected disability pension. This benefit has a three tier payment level depending on your particular situation.

Disability Pension

To be eligible you must meet the following requirements:

1. You must have been discharged under other than dishonorable conditions.

2. If you enlisted before September 7, 1980, you must have served 90 days or more of active duty with at least one day during a period of war. Anyone who enlisted after September 7, 1980, however, must serve at least 24 months or the full period for which that person was called to serve.

3. You must be permanently and totally disabled, or age 65 or older. The Veterans Administration no longer requires those over age 65 to submit evidence they have a disability that prevents them from working.

4. In addition, your “countable” income must be below the yearly limit set by law; called the Maximum Annual Pension Rate (MAPR).

The Base MAPR for 2008 are:

1. ran with no dependents $11,181

2. ran with a spouse or a child $14,643

3. If you are housebound, which basically means you can no longer safely drive.

The Housebound MAPR for 2008 are:

1. Housebound veteran with no dependents = $13,664

2. Housebound veteran with one dependent = $17,126

3. Add, for each additional dependent = $1,909

Aid And Attendance Entitlement

If the veteran needs help with the basic activities of daily living (dressing, bathing, grooming, hygiene, toileting, etc.) they may qualify for additional disability pension benefits. The veteran will need to show that he or she needs home care on a regular and permanent basis, or lives in an assisted living facility.

The Aid and Attendance benefit MAPR for 2008 are:

1. Veteran who needs aid and attendance with no dependents =$18,654

2. Veteran who needs aid and attendance with one dependent = $22,113

VA Disability Benefits Payment

The actual amount of your disability pension will depend on your “countable” income. Countable income is your gross income minus qualified health care expenses. The VA will pay you the difference between your “countable” income and the MAPR that matches your personal situation. The VA disability pension will be paid directly to you in 12 equal payments.

Can I Work and Still Get Disability Benefits?

Sunday, May 31st, 2009

This can be a complicated question, as are most questions regarding the subject of Social Security disability. Can you work and still get disability benefits? The answer is possibly. It is possible, but it depends on the amount of money you make and when you are doing it.

The national limit, or SGA (Substantial Gainful Activity), in 2007 has been $900 gross income (for the non-blind–see your SSA for details). That means before taxes are taken out, an applicant or recipient of disability cannot earn more than $900 or the case will be denied (or benefits will be discontinued). The SGA goes up each year, so in 2008 the SGA will be $940/mo.

This is very strictly enforced. If you are applying for Social Security disability and need to work to get by, be sure not to accept work shifts that will put you over this limit, or your case will be denied. It is that simple. If you are receiving disability benefits already and still need to work to get by, the same applies. It is always sad to hear of applicants who earned just a little too much one month and got cut off from their benefits. It is very difficult to get those benefits back. One example is a man who worked and received just a few dollars over the limit, but did it over a period of months. He didn’t hear from Social Security, so he thought it was fine. Suddenly his benefits were discontinued, and he got a letter demanding that he repay the past eight months of disability pay because he had gone over the SGA limit. Don’t risk it.

However, that does mean that you CAN work up to the SGA limit. Many individuals do it, if not to supplement their benefits and to help support the family, to contribute to society and feel needed. Even those deemed “disabled” by the government need to feel that they are of worth to their community. Just be sure to do it without risking that which you have waited for, for so long. For more information, or to apply for disability, contact an experienced disability law center. Best of luck.

Accident Sickness and Unemployment

Sunday, May 31st, 2009

The result would be very onerous as mortgage arrears can lead to repossession and give you a poor credit history. To protect yourself with Accident Sickness and Unemployment insurance also known as ASU or mortgage payment protection insurance, it may help you for up to one or two years until you are able to return to work.

There is a good chance that you will require the protection offered by this type of policy throughout your working life especially during the time you have an outstanding mortgage liability. Depending on the provider of the policy it may be possible that the cover could commence after a 4 week period (known as the deferred period) However the premium that would be payable would be more expensive than a policy with a longer deferred period.

You may just take out the accident and sickness parts of the policy for example if you were self employed then this would be more applicable to meet your needs. You can also place a partner on the policy at a split percentage of the monthly pay out depending on what they earn compared with your earnings.

A brief outline of the policy benefits generally as follows.

You must have been working generally full time for at least six months. And not claimed recently and not know of any pending redundancies. The policy can only be valid when you have a mortgage in place and will be calculated in relation to your monthly mortgage payments. Past accidents, injuries or illness should be notified to the insurer. You should check the specific product providers policy documentation for an explanation of the level of benefit and terms and conditions that apply as these may differ between providers.

Privileges in Applying for SSI Benefits

Sunday, May 31st, 2009

The Supplemental Security Income program of the federal government is certainly an important tool in alleviating the suffering of those poor people who are greatly in need of financial support. This particular program aims to help those disabled, blind or 65 yrs. old above individuals with insufficient earnings and resources.

How to apply

Call the Social Security Administration office in your State and schedule an appointment with them. You may also personally visit their office anytime you find it comfortable but you may have to wait for your turn to be assisted by their personnel. You will then be asked to complete an application form and to submit it along with these documents depending on your case:

* Social Security Card or number
* Birth certificate or any legal documents that will prove your age
* Proofs of citizenship or alien status records
* Proofs of income such as payrolls, most recent tax returns
* Proofs of resources such as your bank statement of accounts, deeds of all your properties aside from the house you presently live, insurance policies, burial contracts, stocks, bonds and your vehicle registration
* Proof of living arrangements
* Medical records including the names, addresses and contact information of your attending doctors
* Employment record

It is important to bring original copies of such documents for verification. The SSA will return the copies after determining its authenticity. They will not accept photocopied documents.

When to apply

It is very much advisable to apply immediately after you have determined your qualification for SSI for you not to lose your benefits. The SSA will not reimburse any payments for such periods earlier than the date of your actual application. You should also know that your application would not be charged.

The SSA’s obligation

As the duly mandated government agency to handle the SSI program, the SSA has the duty to help you regarding the following tasks:

* completing your application forms based on the information that you would impart them
* gather the required documents in case you do not have them yet or you are having any difficulties in acquiring them
* pay for your medical examination in case you do not have money to spend for it (applicable for disabled or blind claimants)

Your right to representation

The law definitely allows you to hire the assistance of an experienced Social Security lawyer or representative to handle your SSI claim. This is very much favorable especially for those who do not have much time to spend in managing their cases or those who can hardly understand the procedures in filing.

Your right to be notified

The SSA or your lawyer has the obligation to notify you about the progress of your petition from time to time or if some important matters that occur in your case.

Your right to examine your file

You or your legal counsel may request a copy of the information about your case. However, they would not give you some confidential issues.

Your right to appeal

If you are unhappy about the decision of the SSA, you may still file an appeal for review of your case. This process includes three appeal levels.

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