Privileges in Applying for SSI Benefits

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.

Know the privileges you are entitled to as applicant of Supplemental Security Income (SSI) Claim benefits with the help of Los Angeles Lawyers.

Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

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Social Security Matters - An Attorney's Concern

Have you been informed on what Social Security Administration really is? Well, you should be so aware of such because it could truly bring great benefits to you and to your family as well. With this query in mind, you really need to acquire the legal assistance and expertise of Social Security attorneys.

Primarily, these legal professionals would emphasize that the SSA can grant benefits in three different categories - when someone retires, if he becomes disabled and when he dies. This individual merely qualifies for a benefit by earning credits. Such may happen when he works in a job, pays the Social Security taxes and makes his contributions.

Each credit is based on his earnings and compensations, job description, the nature and background of his employment. These determine his eligibility and qualification on retirement and disability.

Meanwhile, there are specified special rules, which are applicable for each credit. As of this year, 2007, one may acquire one credit if he has $ 1000 of earnings - with the maximum of four credits annually. Each earned credit per a year always varies and depends on the level of average earnings.

Although, it has been stated on its terms and conditions that the received credits of each member remain into his record. This implies that his personal accounts in the SSA are all in tact even if he transfers from one job to another or stops working for quite some time.

With this, SSA has been implementing and conducting beneficial programs that have been able to reach out to a wide range of people for several years. One of these is social security disability insurance program, which is considered certainly practical and effective in giving financial assistance to those who need such.

Consequently, one starts to experience the privilege and benefits from his social security claims immediately right after his petition has been approved by the SSA. If these authorized personnel have been commended or have been agreed such application with all those pertinent and necessary data and documents, he may undergo procedures related to its approval and eligibility. This is where he mostly needs the legal representation of a judicial expert.

However, some people would still intend to file claims on their own, many would still want and even prefer to hire representatives. These professionals could really extend to them the need, assistance and support that they should acquire and truly deserve.

They also render competent legal services particularly in this field. In fact, they not only increase and strengthen the chances of obtaining higher chances of much favorable outcome, but also create positive outcome on their claims.

Furthermore, the Social Security attorneys, experienced on claim and benefit approval, have indeed the edge and advantage among the other general practitioners.

Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

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Minor Glitches in Insurance Benefits Claims

Social security insurance benefits sometimes encounter problems in the processing of documents. These problems may be minor ones but they could cause a major delay in the delivery of much needed benefits to claimants.

The two main causes of delay in insurance benefits claims are in the initial stage of determining the eligibility and in the appeals process.

Determining disability

In the initial stage of a claim, most claimants fail to pass eligibility. The social security agency uses a five-step evaluation process in determining the disability.

• Substantial gainful activity - The agency investigates an applicant to know if he is engaged in work or any gainful activity. An application found to be engaged in any gainful work or occupation is likely to fail eligibility test.

• Severe impairment - The agency determines if the applicant has severe impairment, which means that the impairment could significantly affect the person's physical or mental ability.

• List of impairment - To check further, the agency has provided a list of impairment. An applicant whose condition meets that requirement of the list becomes eligible for the claims.

• Past relevant work - a medical assessment can help evaluate whether the impairment had prevented the applicant form performing past relevant work. It will also reveal the progression of his medical impairment.

• Other work - The investigation will also determine whether the applicant can perform other available existing work.

In any case, when an applicant fails to qualify in the criteria, he would have to undergo the appeals process. Because of the complex nature of the appeals process, a claimant would need legal assistance in pursuing his claim.

The appeals process is a three-step procedure:

1. Reconsideration. The reconsideration entails a complete review of the initial decision. A social security representative who may include new evidence submitted by claimant will conduct the review.

2. Hearing. An administrative law judge conducts a hearing. The hearing will give you the opportunity to present all valuable information you have, most importantly the medical statement from the doctor who attended to you.

3. Appeals Council Review. The council can either render a decision on the matter or send it back to the administrative law judge for further review.

A claimant who is dissatisfied with the final appeal may take his case to federal court within 60 days of the decision. In each stage of the appeal, the agency will notify you of the decision in which you are given time to respond

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Common Reasons Why a Disability Insurance Claim Is Denied

More often than expected, many disability insurance claims are denied in the initial stage. When this happens, different reasons for its rejection play in mind.

Here are some of the common reasons why a disability insurance claim is denied:

1. Lacks objective findings

The social security reviewer who looks into your application may dismiss your claim on the grounds that it lacked the so-called "objective findings" to substantiate your disability claim. Hard medical evidence such as blood tests, MRI results, x-rays, etc. of your physical or mental condition are sometimes needed by the claims reviewer to decide on your claim. Lack of this vital information often becomes an obstacle in the approval of a claim.

However, some disability insurance policies do not require the absence of objective findings as basis for the denial of a claim. In this case, you will need the help of a disability lawyer to help you pursue your claim.

2. You are not disabled from your occupation

A claim reviewer may also deny your claim on the basis that you are not disabled as defined in your occupation. You may be experiencing stress at work, but the claim reviewer will not consider this as disability required by your occupation.

Sometimes he may even use inaccurate job description to determine your disability and use it as basis for denial. In such case, you must get an explanation from the claim reviewer and consult a disability lawyer.

3. Pre-existing condition

A claim may be denied due to a pre-existing condition, which is expressed in your policy as a period of treatment for a medical condition before the coverage began.

4. Non-fulfillment of the elimination period

Elimination period is a time between 30 days to 6 months in which a claimant must be continuously disabled to be able to be eligible for benefits.

5. Not under the care and treatment of proper medical professional

To be recognized as a credible finding, a claimant must undergo treatment with a certified doctor or medical practitioner who can support his disability claim.

6. Self-reported symptoms exclusion

Self-reported symptoms are unacceptable reasons, which are excluded in some policies as a disabling condition. Headache, dizziness or fatigues are symptoms that are difficult to document by objective findings. Self-reported symptoms of an illness cannot be admitted as reasons in a claim unless they are stated in an official medical statement of a doctor as part of an objective medical finding.

More often than expected, many disability insurance claims are denied in the initial stage. When this happens, different reasons for its rejection play in mind.

Here are some of the common reasons why a disability insurance claim is denied:

1. Lacks objective findings

The social security reviewer who looks into your application may dismiss your claim on the grounds that it lacked the so-called "objective findings" to substantiate your disability claim. Hard medical evidence such as blood tests, MRI results, x-rays, etc. of your physical or mental condition are sometimes needed by the claims reviewer to decide on your claim. Lack of this vital information often becomes an obstacle in the approval of a claim.

However, some disability insurance policies do not require the absence of objective findings as basis for the denial of a claim. In this case, you will need the help of a disability lawyer to help you pursue your claim.

2. You are not disabled from your occupation

A claim reviewer may also deny your claim on the basis that you are not disabled as defined in your occupation. You may be experiencing stress at work, but the claim reviewer will not consider this as disability required by your occupation.

Sometimes he may even use inaccurate job description to determine your disability and use it as basis for denial. In such case, you must get an explanation from the claim reviewer and consult a disability lawyer.

3. Pre-existing condition

A claim may be denied due to a pre-existing condition, which is expressed in your policy as a period of treatment for a medical condition before the coverage began.

4. Non-fulfillment of the elimination period

Elimination period is a time between 30 days to 6 months in which a claimant must be continuously disabled to be able to be eligible for benefits.

5. Not under the care and treatment of proper medical professional

To be recognized as a credible finding, a claimant must undergo treatment with a certified doctor or medical practitioner who can support his disability claim.

6. Self-reported symptoms exclusion

Self-reported symptoms are unacceptable reasons, which are excluded in some policies as a disabling condition. Headache, dizziness or fatigues are symptoms that are difficult to document by objective findings. These of an illness cannot be admitted as reasons in a claim unless they are stated in an official medical statement of a doctor as part of an objective medical finding.

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Important Pointers in Filling Up Disability Forms

It is understandable that you would find completing several forms during the process of your social security disability claim as one of its most confusing aspects. The first thing you may even question yourself while you complete these forms is:

"Will the SSA take the time to look at the forms you have completed and filed?"

"Can these forms become one of the deciding factors in winning or losing your disability claim?"

However, no matter your assumptions that the way you have completed your form may become the main cause for the decision on your claim, you need to think again. The Social Security Administration (SSA) and/or Administrative law judges do not usually base their approval or denial of a claim on the forms you have completed.

They usually base their decisions based on compelling and objective evidences like medical and health records, and/or treatment doctor's opinions concerning your inability to perform substantial gainful activity (SGA).

However, there are times when some innocent statement indicated by the claimant in one of the forms filed as the main evidence that the SSA or judge used in denying his/her claim.

Remember that as claimant you have two kinds of inherent problem:

- your unawareness to the things that you need to prove for you to win your disability claim

- Your consistent downplaying of your medical and health problems' seriousness to all those present that may be listening.

While you are aware that you are applying for disability claims, therefore you have to prove that you are unable to perform substantial work, you still tend to understate the severity of your condition, symptoms and the limitations you are experiencing. Next thing you know, your chance of being approved of disability benefits is killed because of your false statements.

Moreover, these false statements usually begin upon your completing of the disability forms and submitting them to the SSA.

Here are the pointers in significantly reducing your unawareness in making mistakes all over the social security disability claim forms you are filling up:

1. Avoid writing too long narrations - remember, "Less words, few mistakes." There are spaces provided for your answers. Limit your answers in these given spaces and answer the questions directly. Avoid writing between the margins or attach additional papers.

2. Try to think that you are in a bad mood while you are answering the questions provided - the key is to indicate and prove that you are unable to perform a regular work activity level on a continuous level.

You can have an accurate assessment of the activity level you are able to perform if you answer the questions as if you are experiencing a bad day, since who can, indeed perform well if they are in a bad day?

3. Concentrate on the duration, frequency and the severity of your disability symptoms and work limitations - take care to mention every diagnosis that have even a small bit of an impact on your inability to perform your work and any other kind of work for that matter.

Nevertheless, most significantly do not forget to mention these three important issues connected to your disability, which will mainly, provide the reasons for your limitation to work and function, daily.

4. Control and suppress your perfectionist habits - make sure that you do not indicate your proficiency and eloquence in filling up the disability forms. The point is to indicate the seriousness of your condition.

Possibly, you may already be having memory and concentration problems and having problems with your motor and coordination skills. Thus, make sure that the condition you indicated in the medical report must show in the way you accomplished your forms.

5. Make sure that you indicate or leave evidence in the forms, of some psychological issues, even if they play just a small part in your inability to continue working.

If you are not confident of the way you have completed your disability claim forms, make sure you have it double-checked by an experienced social security disability lawyer or advocate.

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An Overview of Social Security Disability Insurance

Two programs are being enacted by the federal government, which provides benefits for individuals with disability. Collectively, these programs are being referred to as "Social Security disability benefits."

• Social Security Disability Insurance Benefits Program or SSDI Benefits - authorized by the Social Security Act, Title II and is geared towards providing benefits to workers with disability and / or their dependents and surviving spouses or children.

• Supplemental Security Income program or SSI - authorized by the Social Security Act, Title XVI and aimed at giving benefits to individuals with disability whose assets and income are below a particular level.

History of Social Security Disability Insurance (SSDI) Benefits

It was in the year 1935 when the U.S. federal government set up a program geared towards providing elderly employees of commercial and industrial sectors with retirement benefits. The scheme of this program is enacted through the Federal Insurance Contributions Act or FICA, setting up a federal retirement fund that the employees are required to pay into. The employees remit into this fund through a regular deduction on their salary.

It is the Social Security and the Medicare programs that are funded after the withdrawal of FICA tax from the employees' salaries. Meanwhile, self-employed citizens can contribute to the FICA because of the federal tax returns.

By 1956, some protection policies covering the "involuntary retirement" options on the basis of disability were established. An individual, even if he / she has been forced to stop working because of a disability may still have access to the disability insurance. It would depend, however, on the period he / she have paid FICA taxes.

Objectives of SSDI

The main objective of the SSDI is to replace the regular income being received by people who have acquired a disability and can no longer work at all or hold down his/her present work, provided that he / she has remitted adequate FICA taxes.

Under the SSDI, different kinds of benefits are provided for family members when their major wage earner have acquired a disability or died.

The SSDI program is being financed by the Social Security taxes being paid by employees, employers and self-employed individuals. SSDI benefits can be paid to workers with disability, widows or widowers, and children or disabled since childhood adults if they are eligible.

Availing SSDI benefits

The Social Security has a particular definition of disability that need to be met in order to become eligible to receive SSDI benefits. The main requirement to gain medical eligibility under the SSDI program is the inability by an individual to perform any kind of Substantial Gainful Activity or SGA for 12 months or more.

This medical definition of disability is also the requirements used to become eligible under the Supplemental Security Income (SSI) program.

Determining disability

The person with disability should have been unable to perform SGA due to an impairment affecting the physical or mental capacity and is medically determinable. The impairment can also either be expected to last continuously for at least 12 months or result in death.

Receiving benefits

After meeting the requirements given by the disability evaluation and the disability is already proven, the payments of SSDI benefits will commence. The beneficiary needs to wait for a period of 5 months since it is during the sixth month after the disability began that benefits payment start. It will continue up to the second month's end of the disability.

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SSI Benefits for Children with Disability

The Social Security Administration (SSA) is implementing two major benefits program focused on workers with disability. One of these two programs is the Supplemental Security Income (SSI). This program being administered by the SSA intends to grant income to citizens who are impoverished and lacking in necessities like food, clothing and shelter.

SSI benefits may be paid for individuals with disability or elderly with the age of 65 years old and above who have met the program's income requirements.

The Social Security enforces the SSI program's income requirements, carefully and meticulously.

Here are several of the requirements that need to be met by claimants of SSI benefits in order to qualify:

• People that has limitations in income and resources

• People with impairments in vision

• People with disability

• Elderly people

In particular, children with disabilities and their families may also qualify to receive SSI benefit payments:

Children with disabilities - the parent of a child/children suffering from certain medical conditions, which is classified as a disability may become qualified to receive payments on account of the SSI, benefits program.

The conditions that the child is suffering from may not be limited to medical diseases. It may also include learning and behavioral disorders.

If you find that, your child may be qualified according to the SSI program's medical requirements, your entire household need to meet specific income requirements as imposed by the SSI program, as well.

The Social Security would consider the following:

- earnings of the child's parents

- money saved in the bank

- total value of any accounts for retirement

- family investments

- additional property beside the family's primary residence

- more than one vehicle owned by the family may also be counted as part of the family's resources

In order for your family's resources to meet the qualifications set by the SS the total countable value of the resources, involving money in cash, investments, countable property and vehicles must not exceed $2,000. If you still have money saved in the bank which, when counted, have put you over the qualified resource limit, your family may choose to spend the money already in order for you to qualify.

Your family can use your excess money for whatever purpose you see fit. Once you have already reached the $2,000 resource limit, your disabled child may then become eligible for the benefits under the SSI program.

Qualifying in the requirements, becoming eligible and ultimately becoming approved for SSI benefits may seem bothersome for you.

However, when your child becomes eligible for payments under the SSI benefits program, you may also be enrolled in your respective State's Medicaid. The Medicaid could be a great help for the payment of medical expenses and prescription medication of your child. Furthermore, you may also qualify to receive food stamps.

You can contact the Social Security's toll-free number for more information about how to qualify for benefits under the SSI program.

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Social Security Disability and Smoking, Alcohol, Drugs, and Jail

Some people applying for Social Security disability benefits wonder if they still qualify if they smoke, drink, use drugs, or are (or have been) in jail. Here we will discuss what Social Security looks at to make a disability decision.

Many applicants smoke, and it may not affect your claim all that much. However, if your disability is emphysema or COPD, or another breathing disorder that is probably linked to your smoking habit, Social Security will ask if you have attempted to quit. Those who have quit the habit or have drastically cut back on smoking have a much better chance of being approved for disability. Those who are aware of the harmful effects smoking has on their body, but have not cut back at all, are frowned upon and may have their claim denied unless other disabilities exist.

When it comes to alcohol and drug addictions, Social Security has completely changed the system in the last decade or so. There used to be a listing that allowed those who were addicted to alcohol or drugs to be approved, under the reasoning that they had an uncontrollable addiction. However, Social Security realized that these recipients were probably using taxpayers' money, or their disability checks, to fuel their habits. So Social Security turned things around. Now, if it is determined that an applicant has "any material involvement" with drugs or alcohol, they are denied.

That being said, if an applicant has a disability that may possibly be related to alcohol or drugs, but it is questionable, there is still a chance of being approved for disability (for instance, liver failure). These situations are sometimes hard to prove, but it happens quite often.

If an applicant applies for Social Security disability benefits while in jail, it probably won't affect his or her disability claim much unless the period of disability is relatively the same period as the person was in jail. For instance, if a claimant says he has been disabled for three years, and has spent a month in jail, Social Security will consider the time before and the time after the jail sentence. If a claimant says he has been disabled for two years, and most of that period was spent in jail, Social Security may deny the claim. Generally speaking, a person is ineligible for disability benefits while he or she is in jail or prison.

If a person already receiving benefits spends time in jail, and the time is less than a year, Social Security will suspend the disability benefits only during that period of time. When the person is released, benefits will begin again automatically. If the period of time is over a year, however, the person must reapply and begin the process all over again.

One more thing to note is that the severity of the crime he or she has been convicted for may have a bearing on a Social Security decision. For instance, using or selling drugs would probably result in a denial.

Whatever situation you are in, and wherever you are in the process, best of luck

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Disability Income - Improving Cash Flow When Life's Got You Down

Ongoing health issues not only damage quality of life; they can also wreak havoc on finances. Fortunately, if your old ways of earning a living become impossible, you need not despair. You can take positive steps to improve your cash flow:

1. Know your rights. If you suffered an on-the-job injury or car accident, you might qualify for Workman's Compensation or Disability Insurance. Contact your state's Workman's Compensation Department, and/or ask someone to review your insurance policy. Depending on the severity and duration of your symptoms, you might also be eligible for Supplemental Security Income (SSI). These options require significant paperwork and follow-thru, but they can sometimes keep you afloat when income plummets. (Keep in mind that SSI limits your ability to receive money from other sources, so consult with an attorney or social worker before you apply for benefits. Even if you do meet the criteria, people often need to submit multiple appeals before they see any checks. If you expect permanent disability and want SSI, it pays to get an early start and remain persistent.)

2. Get proper treatment. When poor health keeps you from working, getting well makes good financial sense. If your symptoms mystify your doctors, you might want to explore the possibility of often misdiagnosed conditions like Lyme Disease, Fibromyalgia, Chronic Fatigue Syndrome, Multiple Chemical Sensitivities, Post Traumatic Vision Syndrome, and traumatic brain injury (TBI). Traditional medicine marginalizes neurological symptoms and chronic pain, but some experts specialize in these conditions. Do your research. Finding the right treatment provider(s) can start you on the path to physical and financial recovery.

3. Contact organizations designed to help you. For example, if you experience visual problems, call your state's Society for the Blind and Visually Impaired. They can sometimes provide software or hardware to enlarge computer screens, create auditory versions of the written word, offer job retraining or funding for treatment options. Suffered trauma? Ask your hospital about occupational therapy (O.T.) options. Investigate local, state and national organizations that offer scholarships or grants for people with various disabilities or backgrounds.

4. Become an affiliate. If you already recommend products or books to people you know, you can become a ClickBank or Amazon affiliate. This need not involve posting online ads or giving a major sales pitch. It just means you can earn commissions for products you already recommend. ClickBank sellers usually offer 50% or more commission, and Amazon "Associates" earn up to 10% on qualifying purchases. If you find yourself raving about particular products or services, find out if the company will compensate you for referrals.

5. Get creative. Some of our greatest artists and writers began their careers while bedridden or house bound. The lawyer Henri Matisse only started painting during a long recovery from appendicitis. SurvivorsArtFoundation.org "is a 501(C)(3) non-profit organization committed to empowering trauma survivors with effective expressive outlets via internet art gallery, outreach programs, national exhibitions, publications and development of employment skills." They aim "to enable the survivor/artists to display and market their works to give them recognition, hope and direction by implementing this innovative approach to healing." Kaleidoscope Magazine of United Disability Services publishes creative work by, for or about people with disabilities-including award winning content by some of the best writers of our time. Latent creative abilities often surface when traditional skills falter. Consider this time an opportunity to let your inner artist shine!

6. Focus on service. If you're struggling with these health issues, others probably are, too. Brainstorm ideas of how to help people in your situation. Many a business began when people simply brought into being what they sensed would help their own recovery. If you have stumbled upon a "miracle cure," unusual technique, or special technology that helped you heal, consider sharing your discoveries with others. Write articles and/or books; create a recovery blog with online sponsors; start a non-profit organization; raise awareness; learn, practice and eventually teach alternative healing techniques. If you don't feel like you can work for someone else, then work from home. You can set your own hours and still make a major difference in this world. Inspiring others will enhance your own recovery!

7. Find your purpose. People say, "Everything happens for a reason" and we so want to believe that's true! When life shuts out most opportunities, consider carefully the skills or talents that remain. Sometimes Destiny arrives in the form of disabilities that remove all other options. Do you have an unusual or hidden gift? A sense of calling or special mission? Life has a funny way of supporting our deepest longings and most dramatic offerings. And the sooner we embrace our path, the easier that road becomes. "Impossible" synchronicities make regular appearances. Words, food and money arrive at just the proper time. Almost before we realize what's happening, Life returns-and with it, the abundance we so crave.

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Social Security Disability Insurance Requirements and an Attorney's Worth

In the United States, any disabled person is eligible to apply for Social Security Disability Insurance or SSDI. This federal program aims to provide financial support to those workers who can no longer perform their jobs and sustain their daily necessities.

Requirements

In applying for disability insurance with the Social Security Administration, the applicants are required to bring the following documents to their initial interviews:


Social Security Number


Original copy of birth certificate or any valid document that will prove the applicant's age


Names, addresses and contact information of healthcare professionals, hospitals and clinics that rendered their medical services to the applicant, as well as the dates the treatment or rehabilitation took place


List of jobs and companies done in the past


Latest copy of the applicant's W-2 form or federal tax returns if the applicant happen to be self-employed

Note: The SSA is willing to help the applicants to obtain these documents to complete the needed information

Aside form these documents, an applicant must have also met the required number of work credits to qualify for SSDI benefits. The required credits will depend on the age when he began working. Further information regarding this may be seen on the SSA's website at www.ssa.gov.

How does the SSA Determines Disability

After the applicants submitted their SSDI applications, an evaluation team from the State's Disability Determination Services (DDS) office will assess their cases. This group of individuals is consisted of a health care specialist and an expert disability evaluator.

The following conditions will be used in determining an applicant's disability:


A person's disability must hinder him from exercising "substantial gainful activities."


Impairments included on the approved list of illnesses will be processed directly. Those that are not will still have to be determined based on its severity.


The applicant's disability must affect his capability to perform similar jobs that he or she had for the last fifteen years.


An applicant who receives a monthly income of $500 or above is more likely be denied.

Problems in Applying for Benefits

More often than not, most applicants will receive case denial notice from the SSA on their initial filing. These troubles are usually caused by the applicants' improper way of filing his petition or their failure to meet the terms set by the SSA. Thus, most of them were not able to convince the Social Security adjuster who decides on their applications.

Because of this, most of the claimants still have to pursue their Social Security benefits application and file an appeal with the Administrative Law Judge - necessitating them further time and efforts. And in some cases, they even have to spend more money to continue their application.

To resolve these issues, all applicants who are not that sure about the proper filing are encouraged to appoint their Social Security Disability Insurance attorneys. These legal professionals have their capacity to handle any benefits applications until it gain approval from the SSA.

To add, experienced representatives can detach the disabled workers from further stress and burden in pursuing their claims.

Rainier is currently among the proud members of the Mesriani Law Group that serves clients in Los Angeles, California. He was tasked to write articles and legal contents to further enhance the knowledge of the internet users regarding Personal Injury, Labor Law, Business Law and Social Security Disability.

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Social Security Disability - What is a Disability?

Social Security Administration's Definition of Disability

The Social Security Administration has some qualifications to be considered a disability. To be defined as a disability, two conditions must be met:

1. The person is unable to do the work for which the disabled person is suited making at least $900 gross income per month (known as a Substantial Gainful Activity or SGA)
2. The condition has lasted continuously or is expected to last continuously for at least one year or will probably result in death.

Disabilities that meet these two requirements can be either mental or physical in nature or a combination of both types. The particular disability doesn't matter as long as the two requirements are met.

Social Security defines disability for these purposes to be a total disability, not a partial disability. The person applying for benefits must be considered completely disabled.

How is Ability to Do Work for Which You are Suited Determined?

In order to determine if you are unable to work, the Social Security Administration looks at two things:

1. You must be unable to perform the type of work you did for the past 15 years for a year or longer
2. You must be unable to perform any other type of work for which you are qualified

Other work for which you are qualified refers to work to which you could reasonably transfer your skills and is based upon your age, education, work experience, and any mental and/or physical limitations that you may have.

Time and Age Limits

There is no set length of time you can accrue benefits. As long as you meet the requirements of having a disability, you will receive Social Security Disability benefits.

There is no set age limit to receiving benefits. Once you reach age 65, however, your benefits will automatically convert into retirement benefits.

Earliest Time You May File a Claim

You must be disabled for five months prior to filing a claim. This is because benefits don't accrue until six months after the date of onset of your disability. The date of onset is the date when you were first unable to perform your work.

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Social Security Disability - 5 Tips to Get Approved

No matter where you are in the process of applying for Social Security disability, it can seem very daunting. You must deal with stacks of paperwork, phone calls, medical records, appeals, and often a long wait. Here are some tips that should help you have the best chance of being approved for disability.

Tip #1: Appeal, appeal, appeal. Those who do not understand the Social Security process become discouraged when their disability claim is denied. If they knew how the system works, it would seem more like a step on the disability ladder than the end of the road. About 70% of initial applications are denied. When the decision is appealed, most are denied at the reconsideration level as well (some states skip this stage). But the next level, the hearing level, has a high chance of success. The difficult part is the wait--from the initial disability application to the hearing date, you may wait for years. Tip number one is to appeal every denial--appeal immediately, and don't be daunted if you are denied even several times. Perseverance really does pay off in the Social Security world.

Tip #2: Pay attention to the details.Some people simply want to get their application in as quickly as possible, and they fail to read the paperwork they are signing. Take the time to understand the paperwork as you sign. Social Security has case workers who are paid to help you understand the process and exactly what will be required of you at each stage in the process. Take advantage of them. Ask questions. If Social Security asks for medical records for a specific doctor, get every single paper that doctor will give you. If Social Security asks for specific work history information, be as specific as you can possibly get--phone numbers, addresses, names, letters, etc. Often these little details can mean the difference and get you approved.

Tip #3: Build your medical evidence.Many applicants don't understand how important medical evidence is in their disability claim. See your doctor(s) as frequently as is reasonably possible. Ask him or her for an opinion on your ability to work, and for details on restrictions. If possible, get a copy of the Functional Capacity form from Social Security and have your doctor complete it for Social Security. If you haven't seen a doctor in awhile, find one that is knowledgable and reputable about your disability. If you cannot afford to see a doctor, do whatever it takes to be seen. Check with your state to see if there are any programs that may help. Ask the County Health Department about the services they offer. Get loans from friends or ask the clinic if they will accept monthly payments. Whatever you do, don't allow your medical evidence to come mainly from Social Security's doctors. Remember that you are building evidence to support your case, so you need to be assertive.

Tip #4: If you must work while you wait, follow Social Security's rules. A common mistake among Social Security Disability, applicants is to work too much while they are waiting for their decision. If you show that you can work a certain amount of hours, or earn a certain amount of money, you will be denied. It doesn't matter if this occurs before you apply, during the application process, or even after you are approved. Social Security watches this very carefully. If you are able to meet and surpass SGA (Substantial Gainful Activity) requirements, it is over. Be very careful not to accept shifts or salaries that will put you over this limit. For 2008, the monthly SGA limit is $940. For more information on SGA, check with Social Security.

Tip #5: Be prepared for your hearing. The hearing level holds the highest chance of success. The wait is long, but the outcome is often a letter of approval for those who are prepared. Be sure to have all medical evidence submitted in plenty of time. Dress comfortably but respectfully, and show what your daily life is like as best you can. Answer questions carefully, as each question by the judge is designed to determine if you can do some type of work. Be honest and straightforward about the specifics of your disability. If you want the highest chance of success possible, look into hiring a disability attorney. They work with Social Security, gather evidence, and present your case for you, so that the chances of being approved can be as high as 90%. Some will even complete the disability application for you. However, if you decide to go unrepresented, it is possible to win if you are prepared.

Whether you are in the middle of the Social Security process or just beginning, best of luck.

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Disability Insurance

Disability is very unpredictable, if you became disabled, your skill and chances of working could be halt, even though you still have few money left on you bank but what would happen if you're unable to sustain and maintain your short-tem needs? Or even unemployed for a month? Disability Insurance now comes in and is very useful, in fact this could even protect you from the long drag.

A look at the odds

Being disabled is quietly unexpected, the following events are as followed:

Event Frequency
Home fire 1 out of every 88 homes
Fatal auto accident 1 out of every 70 autos
Deaths 1 out of every 106 people
Disabilities 1 out of every 8 people

A glance at disability stats reveals the following below:

• 30 year old man has got 1 in 5 chances of tolerate disability before the planned retirement.
• 30 year old woman has got 1 in 3 chances of endure disability before her planned retirement.
• There are 50% of people who have to go thru disabilities longer that 6 months continues to be disabled after 5 years.
• There are two common causes of disabilities, these are Heart diseases and back problems.
• Majority of people lost their homes due to disabilities rather than fire or deaths.
• 1 in 7 employees will be disabled in 5 years before giving up with work.

Researches indicated that medicine had founded ways of treating many injuries and illness which are very severe, this maybe good news for you to increase your need to protect your income with disability insurances

Although, some of these statistics may show false information, there's a low possibility of you becoming disabled when your healthy and you work on a low level risk of job. Are you aware of how many people who undergo with cancer and severe great heart attack? Or even among your friends who had a fatal car accidents? With illness and being disabled? What if you'll experience these kinds of situations? How would you able to give support to you family or even for yourself?

What would happen if you became disabled?

Unfortunate events could strike you anytime of the day, especially when you have experience a sever physical damage and you couldn't work for a week or even months, what if your married and you've got children's funds to attend to but for sure your spouse can help you with the expenses, but being the head of the family, you also have your financial obligation for them. But what if your spouse can only support less income for the family?

You should also take note that you don't have to work on a dangerous kind of job in order to get disability insurance, injuries and fatalities could even occur at home or even illness can strike anyone. On this explanations and samples stated, one must think about and consider on getting disability insurance for their sake.

But isn't disability coverage through an employer or the government enough?

This thought might come into your head like your sufficiently insured against disability because of the exposure through your government programs like Social Security or workers compensations. There are 50% employers covers a short-term disability and 40% covers long-term disability, the government will pay your benefits if you can provide a firm explanation of disability, below are some ideas you may benefit.

• Social Security

- You should not expect too much on the benefits you can get from the disabilities you may have eligible from Social Security, they tend to deny more than 50% of the claims presented, depends again with your firm definition of disability. Even if you're estimated to have an eligible benefit, but still you won't be receiving them until for least 6 months from being disabled, social security imposes a waiting period.

• Workers' compensation

- you may be compensated with disability insurance benefit if your sick, injured or Ill due to job related reasons, you should also take note that your compensation for disability will only take effect when your disability is caused by work related, so it only offers limited protection. Other states only cover disabilities like diseases.

• Pension plans

- these pension plans may pay based on the total, permanent disability, minuses the retirement assessment equally to what you have received for disability, these benefits are usually included with social security or workers compensation, your benefits would be less than you might expect when you receive these disabilities from the government source.

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Social Security Disability - What is Credible Evidence?

When you apply for Social Security, you'll notice that medical information is mentioned often throughout the application and in other disability documents. This is because medical evidence is often the core of the Social Security Disability and SSI process. Social Security cannot make a decision on your claim without medical evidence. Here we will discuss five factors to consider while gathering medical evidence and what Social Security considers "credible evidence."

Factor #1: Evidence must be from an "acceptable medical source." Sources considered acceptable include licensed Medical Doctors, Optometrists, Podiatrists, Speech Pathologists, and Psychologists. Some exceptions may apply according to situation or location, but generally, if the medical practitioner is licensed, he or she is considered credible.

Factor #2: Evidence should be from a "treating" source. This means that the medical practitioner who has been treating you consistently, over a period of time, probably knows you and your disability the best. Medical records from several doctors who have seen you once or twice won't be very helpful to your disability claim. In addition, it may speed up the processing of your disability claim to have solid medical records from one (or two) source(s), and it means you probably won't have to see a Social Security doctor. Simply put, it is important to visit your doctor frequently and over a long period of time if possible.

Factor #3: Evidence from other health facilities if applicable. These health facilities include hospitals, clinics, and other sources you may have visited in regards to your disability. Social Security likes to have everything in your file before your case is considered, even if the records contain little valuable information. If you withhold medical records because they seem unimportant, Social Security may wonder if you are hiding something that may hurt your claim. They also have you complete medical authorizations for the purposes of requesting your medical records, so even if you do not supply these records, Social Security will acquire them. Thus it is best to provide all the information you can, and to request it all yourself to save time if possible.

Factor #4: Evidence from non-medical sources and other practitioners. This includes evidence regarding your ability to work, obtained from social workers, schools, family members, employers, and practitioners (considered non-medical by Social Security) such as chiropractors, audiologists, and herbal doctors.

Evidence from these sources can be helpful, but again, the medical records are the primary source of evidence and information that will be used to determine your disability claim.

Factor #5: What information medical records should include. Social Security especially looks for:medical history; clinical findings (i.e., results of physical or mental status exams); laboratory findings (blood pressure, x-rays, etc.); diagnosis; treatment prescribed with response and prognosis;and *a statement providing an opinion about what the claimant can still do despite his or her impairment(s), based on the medical source's findings on the above factors.

*This statement is often very helpful in your disability claim. Make sure the doctor includes any applicable information such as ability to perform work-related activities (such as sitting, standing, walking, lifting, carrying, handling objects, hearing, speaking, and traveling). In cases involving mental impairments, it should describe ability to understand, to carry out and remember instructions, and to respond appropriately to supervision, coworkers, and work pressures in a work setting.

If you have insufficient medical records, Social Security will set up a Consultative Exam for you with an outside source chosen by Social Security. Remember that this exam is for Social Security's purposes and is not intended to give you ongoing care and treatment. Also remember that these doctors are very careful about giving the opinion of an individual being "disabled." Thus it is more beneficial to see your own doctor, often and over a period of time, before applying or during the process to avoid this situation. Wherever you are in the disability process, best of luck

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