-How to Apply for SOCIAL SECURITY DISABILITY CLAIMS
-CESSATION CASES. CANCELLATION OF BENEFITS
Social Security News
IMPORTANT NOTE: IF YOU HAVE BEEN DENIED BENEFITS YOU MUST ACT WITHIN 60 DAYS. The Social Security Administration is one of the largest and most complex bureaucracies in the Federal Government. Its rules and regulations are very complex and confusing. By now you're angry and frustrated. Your not alone. There are hundreds of thousands of people who don't think they have received the benefits they are entitled to.
If you think you are entitled to more benefits than you are getting, DON'T GIVE UP! You have the right to review and appeal your claim before an Administrative Law Judge, an Appeals Council and even to the Federal Courts.
It is encouraging to know that, over half of the appeals are successful. Statistics show that people who have attorneys, have twice as many chances of winning the appeal.
If your request for benefits has already been denied, ACT NOW, you only have 60 days to file a formal appeal. If I can assist you, please call me.
By this time you have already been denied or cut-off from benefits. You have already cooperated as best you could with Social Security but they either don't seem to care or simply refuse to listen. You are being treated like a number and not a person. The Social Security Administration is one of the largest and most complex bureaucracies in the Federal Government. Its rules and regulations are very complex and confusing. Filing an appeal is probably the most complex and technical things you've ever done. Everyone who deals with Social Security has the right to be represented by a qualified expert to make sure they are treated fairly and help you review and appeal your claim before an Administrative Law Judge, the Appeals Counsel Review and even the Federal Courts.
Social Security Publications seem to encourage people to represent themselves in filing these complicated appeals and that the Social Security staff will help them with the appeal. Remember, employees of the Social Security Administration cannot give you legal advice. The Administration admits that the wrong information its representatives have given out has caused some persons to lose some benefits.
Like most attorneys, I work on a contingency basis with Social Security paying the attorney fees from payments that were past due to you. The normal contingency fee is 25%. This means that if no recovery is made for you, there is no fee.
SOCIAL SECURITY DISABILITY CLAIMS
If you are a Disabled Worker who is "insured" with enough Social Security work credits you are entitled to Social Security Work Payments.
In order to determine if you have enough work credits, call the Social Security Administration at 1-800-772-1213 and ask for a Personal Earnings and Benefits Estimate Statement, and application information about Disability.
A Disability is any condition which is serious enough to keep someone out of work for at least 12 months or is expected to result in death. People who are legally blind also quality.
Depending on your finances, you may also be able to receive Supplemental Security Income as well as Retirement benefits.
You can apply for benefits by phone by calling the Social Security Administration and you shouldn't hesitate to do so. Benefits under this program can go back up to one year from when you apply for them.
First step in filing a claim is a review by the Disability Determination Service in your state. Most denials come at this level. Some DDS agencies seem to discourage claims. They cannot be expected to give you the benefit of the doubt or even be objective in handling of your case. They are very technical in their review and wont even consider the medical symptoms that prevent from working.
You can expect to be denied at least once before you get your benefits, DON'T GIVE UP and don't wait, you only have 60 days to appeal your claim before an Administrative Law Judge. It is encouraging to know that, over half of the appeals are successful. You might also want representation with the appeal. Statistics show that people who have attorneys, have twice as many chances of winning the appeal.
Remember, when dealing with the Social Security Administration, be careful, be patient, and don't give up!
SSI DISABILITY CLAIMS
If you are a US citizen or legal resident and have been out of work for 12 months or expect to be out work for at least 12 months, or are blind, you may be entitled to Supplemental Security Income or SSI.
Unfortunately, many people who qualify for SSI don't receive it because they don't know they qualify. An AARP survey showed that 25% of those over 65 and with low income had never heard of it.
SSI is based on disability and financial need. Those who qualify for SSI may also be entitled to food stamps and Medicaid.
A Disability is any condition which is serious enough to keep someone out of work for at least 12 months or is expected to result in death. People who are legally blind also quality.
You can receive SSI in addition to Social Security Retirement payments. You may also be able to receive Social Security Disability in addition to SSI. Age is not the determining factor in SSI, the extent of the disability is. Age is an advantage however. If your vision is less than 20/200 or you have less than a 20 degree field of vision, you qualify. Even if you are not legally blind, if your poor vision prevents you from working, you may still qualify as disabled.
Little or no education also increases your chances. Adult child retardation and children from poor family cases have excellent chances.
You can apply for benefits by phone by calling the Social Security Administration and you shouldn't hesitate to do so. Benefits under SSI start when you apply for them.
You can expect to be denied at least once before you get your benefits. It is encouraging to know that, over half of the appeals are successful. You might also want representation with the appeal. Statistics show that people who have attorneys, have twice as many chances of winning the appeal.
CANCELLATION OF BENEFITS. CESSATION CASES.
If your benefits have been cut off, you can have your payments continue during your appeal. The request has to made within 10 days of the Notice of Termination. You have 60 days from the notice to actually file the appeal. It would be a good idea to get legal advice within this 10 days if possible. One important consideration is that if you loose your appeal, the Administration may want back the money they pay you after the date of termination.
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