Along with every paycheck that you receive from your employer comes a corresponding deduction of Social Security taxes. For most people, Social Security is used for the purpose of retirement benefits that they can avail of when they reach the age of retirement. Many people are not aware however that part of the Social Security tax can be used in the form of a disability plan. Even if you are not quite at the retirement age yet, there is a clause in the Federal law that allows you to claim some Social Security benefits if you suffer from an injury or any other type of illness or disease that will prevent you from working. These benefits can be used to provide you with an income source in the event that you are not able to work.
The Social Security Act defines disability as either a physical or mental condition that prevents the sufferer from engaging in any activity that generates income, and that can either result in his or her death or last for 12 months or more. Many people seem to be confused about when they can apply for Social Security disability benefits and when they can begin collecting payments. What you should realize is that it is important that you file for disability as early as you can, even on the day that you are disabled if possible. This is because the process can take a lot longer than anticipated, and waiting too long before you apply may mean delaying your benefits even longer, as well as risking the chance of lost benefits. Keep in mind that even with the help of an experienced Social Security lawyer, the claim process can still take a long time. Keep in mind that you will also have to be out of work for at least 5 months before you can begin to receive disability benefits.
The question of why the entire claim process takes so long…often lasting more than a year…is one that comes up often. Even with a competent Social Security lawyer on your side, the process can still take an excessively long time. Many people find it quite frustrating to be out of work and unable to claim their benefits, but the severe backlog of Social Security cases is the cause of all this. Social Security cases are typically processed on a first come, first served basis, which means that you have no choice but to wait it out. In certain states in fact, the entire process has been known to take anywhere from eighteen months up to two years in order to get a hearing.
It is interesting to note that even if a Social Security Disability lawyer cannot help you get a hearing with an administrative law judge sooner, a good one can work wonders for your case even before you get a hearing. A good Social Security Disability lawyer will have enough experience to know what type of evidence to collect as well as how to use any opportunities to your advantage, such as filing the claim with the Office of Disability Determinations or coming up with an On the Record opinion so that a hearing for your case may not even be necessary. In any case, there are a number of obstacles that you have to deal with when filing for Social security benefits. With a competent lawyer on your side however, the process can be resolved much sooner than if you take on the task of filing the claim by yourself.
December 8th, 2008 at 7:52 pm
Thanks so much for posting this.
December 9th, 2008 at 7:52 pm
Helpful blog info. Thanks.
December 11th, 2008 at 7:53 pm
Keep writing good posts like this one. I liked reading this post.
December 15th, 2008 at 7:54 pm
If that income goes over the predetermined substantial gainful activity (SGA) level, the SSA may consider it a substantial income. The SSA determines this SGA level by doing a comparison of the income of your business to the income you received before you became disabled, as well as to the income of a healthy individual doing the same business.
Q: What will happen to my claim if I die while in the process of applying for benefits?
A: The SSA states that when an individual who was or could have been eligible to receive social security benefits becomes deceased, surviving family member can request a Lump Sum Death Payment. This means that, if you were to die in the process of applying for social security benefits, your survivors may make a case for the social security benefits you may have earned after the waiting period. To do this, surviving family members need to prove that their deceased relative did or could have qualified for social security benefits in the month that they died.
December 18th, 2008 at 7:56 pm
Many people who apply for Social Security disability benefits without the help of a social security lawyer will often have a difficult time with the process, putting even more burden on an already difficult situation. A competent social security lawyer can make it easier for you to avail of such benefits, which are often granted depending on your qualifying points. A social security lawyer can help you with the different types of Social Security Disability benefits available and help you decide which one is the most appropriate to your situation. A social security lawyer will even be able to guide you through the qualification process.
There are several benefits for disabled persons as provided by the Social Security System.
December 19th, 2008 at 7:56 pm
A social security lawyer will tell you that this often happens when an applicant simply hasn’t worked enough. Unfortuantely, though, it can also happen when you’ve waited too long to apply for SSD, or when a judge has decided to change your disability’s official onset date. If this happens, your first step should be to consult a social security lawyer or advocate to find out your options.
Q: Can I work while I have a claim pending?
A: Your social security lawyer will describe disability that is eligible for benefits as any that keeps you from earning a substantial income. This doesn’t necessarily mean, though, that you cannot work at all.
December 24th, 2008 at 7:58 pm
Lastly, if you think that the overpayment was your mistake, you will generally be required to repay the overpayment. A social security lawyer will tell you that your best option is to speak to the SSA about scheduling payments. With a schedule, you can pay bit by bit instead of all at once. Don’t know whether to choose the first, second, or third option? Speak to a social security lawyer.
Q: Is somebody who is legally blind eligible for Social Security Disability?
A: According to Social Security, “legally blind” means your vision cannot be corrected to more than 20/200.
December 25th, 2008 at 7:58 pm
I will tell my friends about this site. This was really great.
December 28th, 2008 at 7:58 pm
You may want to speak with a social security lawyer about qualifying as legally blind.
The SSA has special guidelines when working with legally blind applicants. Because being blind is so debilitating, many legally blind applicants can receive higher benefits than those with other disabilities. In 2008, the monthly earnings limit was $1,570. It may be a good idea to speak to your social security lawyer for a better idea of how this works.
December 29th, 2008 at 7:59 pm
Keep posting. Useful info.
December 31st, 2008 at 8:00 pm
I could have used this info a while ago. More posts please.
January 1st, 2009 at 8:00 pm
As a general rule, pretty much every applicant will be rejected one or more times. Because of this, the application process generally takes anywhere from two to five years. If you are in the middle of this process, and have a hearing scheduled to evaluate your application, it is a good idea to speak with a professional who understands the ins and outs of the SSD process. Most consultations are free and they can usually tell you then if they will take your case or not.
Q: “I was approved but now they are telling me that they over paid me and I have to pay them thousands of dollars back.
January 2nd, 2009 at 8:01 pm
I will bookmark this page.
January 4th, 2009 at 8:01 pm
Like the blog.
January 6th, 2009 at 8:02 pm
What are my options of the SSA determines that I am not disabled anymore and is cutting off my Social Security benefits?
All cases that pass through the Social Security Administration are reviewed periodically in order to determine if the member is still disabled. These review periods vary depending on the particular condition. If the member is expected to recover, a review will be done in 6 to 30 months’ time. If there is a chance that the condition will improve, a review will be done in 3 years. If the member is determined to have a permanent medical condition, the review will be undertaken after 5 to 7 years have passed.
January 8th, 2009 at 8:03 pm
This blog helped me. Great blog info.
January 9th, 2009 at 8:04 pm
The Social Security Act defines disability as either a physical or mental condition that prevents the sufferer from engaging in any activity that generates income, and that can either result in his or her death or last for 12 months or more. For many people, the confusion stems from not knowing when they can apply for Social Security benefits and when they can start collecting payments. What you should realize is that it is important that you file for disability as early as you can, even on the day that you are disabled if possible. The act of processing your claim can take much longer than expected and if you wait too long before doing so, you may miss out on some benefits, as well as run the risk of delaying the process even more. Keep in mind that even with the help of an experienced Social Security lawyer, the claim process can still take a long time.
January 10th, 2009 at 8:04 pm
Your blog is really helpful.
January 11th, 2009 at 8:04 pm
Keep up the good work.
January 12th, 2009 at 8:05 pm
Even if you are not quite at the retirement age yet, there is a clause in the Federal law that allows you to claim some Social Security benefits if you suffer from an injury or any other type of illness or disease that will prevent you from working. These disability benefits are designed to give you a source of income when you are not able to work.
The Social Security Act defines disability as either a physical or mental condition that prevents the sufferer from engaging in any activity that generates income, and that can either result in his or her death or last for 12 months or more. Many people seem to be confused about when they can apply for Social Security disability benefits and when they can begin collecting payments. The fact is that you should apply for disability as soon as possible, even on the first day of your disability if you can manage to do so.
January 14th, 2009 at 8:06 pm
The number of credits you receive is based on both income and the number of years worked. With each year that passes, the amount of money you need to make in order to earn social security credits rises; in 2008, it is one credit for $1,050 of earnings. These credits are also called quarters, as you can earn a maximum of four of them a year; any social security “quarters” that you earn during your working career will remain on your record even during times of unemployment.
In order to qualify for social security benefits, you need to reach a certain number of credits. The number of credits you need for social security is based on your current age, and is calculated by the number of years you have worked.
January 15th, 2009 at 8:06 pm
I needed this very information a while ago.
January 19th, 2009 at 8:09 pm
Share more. Helpful info.
January 23rd, 2009 at 8:11 pm
But it does mean that your file cannot be fully reviewed until the information from the CE is obtained. Once an exam is asked for, it is mandatory that you undergo the examination. It may be wise to seek the counsel of a social security lawyer in the event that you feel you have been treated unfairly during a consultative examination process.
Q: Should I have a social security lawyer review my case before I appeal?
A: A social security lawyer on your side will definitely make the appeal process less stressful for you. Many applications for social security disability benefits are denied.
January 26th, 2009 at 8:13 pm
Your social security lawyer or advocate will suggest you talk to Social Security about a payment schedule. This will allow you to repay the money as you are able. Aren’t sure whether you should request a reconsideration, waiver, or payment schedule? Speak to a social security lawyer.
Q: As somebody who is legally blind, am I eligible for social security?
A: According to Social Security, “legally blind” means your vision cannot be corrected to more than 20/200. And like other disabilities, those who are legally blind may be eligible for social security disability.
February 8th, 2009 at 8:21 pm
Awesome. Liked your blog a ton.
February 14th, 2009 at 8:24 pm
Great stuff.
March 3rd, 2009 at 8:30 pm
I will remember this blog.
March 17th, 2009 at 7:34 pm
Your blog is really packed with great information. You should write more.
March 21st, 2009 at 7:35 pm
An individual must report all wages, resources and income when applying for SSI. If you have any questions about whether you qualify for SSI or SSDI, contact a social security lawyer.
Q: Should I hire a social security lawyer if my application for disability was not approved?
A: A social security lawyer is not required for you to file an appeal. But, claimants are often advised to hire a social security lawyer for the appeals process. The first step after an application is denied is to have the case reconsidered.
March 23rd, 2009 at 7:35 pm
Blog was awesome. Thanks.
March 27th, 2009 at 7:38 pm
And respond to any requests regarding your case. The representative handling your social security disability application wants to reach a decision too, so be polite and helpful. Lastly, it is smart to touch base with the disability manager handling your case from time to time to check the status of your file.
Q: Do you have to be out of work for more than five months to submit an application for social security disability insurance?
A: You can submit an application for social security disability if you have an injury and it is expected to keep you from your employment for a year or more. You do not have to wait a certain period of time before you submit an application.
April 24th, 2009 at 7:51 pm
If you did not know you had a hearing because you did not receive notification, contact your claim representative immediately. It is important that your claims representative at Social Security has all your current contact information, so that mailed notifications will be sent to your correct address. A social security lawyer would have assured that you knew about your scheduled hearing. A notice of hearing date is sent to your lawyer and you. If you knew about your scheduled hearing and missed it on purpose, your claim is in jeopardy of being dismissed.
April 28th, 2009 at 1:19 pm
Q: Can you receive Medicare once your application for social security disability insurance is approved?
A: Once you have reached two years past your date of entitlement for social security disability, you can qualify for Medicare. That entitlement date is the date of onset of your condition (determined by social security when your claim was approved) with the 5 month waiting period added on. Your entitlement date is basically when you start collecting your social security disability payments. Medicare benefits can be awarded two years after that. You are eligible for Medicare, if you have been approved for SSDI (social security disability insurance.
April 29th, 2009 at 1:19 pm
If you can no longer pay your medical bills, seek assistance. You need to continue to go to the doctor. Some churches and non profits have programs to help with prescription costs. Research any health benefits with the state for which you might qualify. Find free clinics, if need be, for routine visits.
May 5th, 2009 at 1:24 pm
The age at which you can receive full social security benefits is dependent upon the year in which you were born. For example, individuals born in 1937 or earlier can opt to receive their full social security benefits at the age of 65. You can refer to the SSA website or you local SSA office for complete information concerning when you are eligible to receive full social security benefits.
Many people opt to receive their social security benefits before their full retirement age, which is as early as age 62. However, you should be aware that your social security benefits will be reduced by 5/9ths of 1 percent for every month between the date you retire and your full retirement age, up to 36 months.
May 10th, 2009 at 1:28 pm
This is a statement that is sent on a yearly basis to individuals once they have earned enough quarters to qualify for SSD, should they need it. This statement will detail how much money you could receive if you became disabled and approved for Social Security Disability benefits. Your “DLI,” or Date Last Insured ,will also be referenced on your annual SSD record.
Q: “How can I get a copy of my statement?”
A: Getting a copy of your SSD record is easy; simply contact the Social Security Administration and ask. You can also call the 800 number for the Social Security Administration and ask them for the pertinent information which would be how many quarters you have, what your DLI is, etc.
May 25th, 2009 at 7:12 pm
Make sure you make a hearing appeal as soon as you receive notification that your appeal for reconsideration was denied. If you do not already have a social security lawyer, it would be wise to seek one to represent your case during the hearing. A social security lawyer will make sure that your claim is handled fairly and adjudicated correctly.
Q: Should you be concerned if you have not heard anything after a hearing request has been made on a social security disability claim?
A: It is not uncommon to hear little from the Office of Hearings and Appeals for long periods of time. Typically, a claimant will be sent a letter confirming the request for a hearing, another to provide the information about a scheduled hearing and one notifying the claimant of approval or denial once the case has been heard.
June 11th, 2009 at 7:26 pm
Great day dude.
June 13th, 2009 at 7:28 pm
The distinction can get a bit confusing for those who may collect both SSI and SSDI for a certain period of time. Those claimants should contact their social security representative to find out more information about applying for Medicare or Medicaid. A social security attorney can be helpful, if you are having any difficulty understanding why you are eligible for certain benefits and not others or do not know how to apply for benefits.
Q: Is the service of a social security attorney required if you wish to have your case reconsidered?
A: You do not need a social security attorney to apply for disability insurance, have your case reconsidered or appeal for a hearing. If your initial application is denied and you plan to appeal for reconsideration, however, you may wish to hire a lawyer.
June 14th, 2009 at 7:28 pm
I needed this very information a while ago. Keep the good posts coming.
June 25th, 2009 at 7:36 pm
Great info.
November 14th, 2009 at 6:17 am
Write more soon please. Awesome blog.
November 16th, 2009 at 6:18 am
In some cases, you may not be enrolled automatically in the Medicare program, particularly if you are not currently receiving any Social Security benefits. You will then have to arrange for an appointment with the Social Security Administration. Upon the processing of your application, the Social Security office will then determine if you are eligible for the Medicare program.
What if I lack one or more credits for disability insurance?
The Social Security Disability Insurance program requires applicants to have a certain number of credits that they have earned during a certain period, as well as a certain amount in earnings ten years before being disabled. Credits are earned every quarter of the calendar year.