Sep 23rd, 2014

Most Common Winning Arguments For Disability Attorneys

Fred London Law 0 Comments Uncategorized

First of all, to prove disability an attorney must show that the client has been or will be unable to work for a year or longer due to their health. An attorney must prove that the client is disabled under the rules and regulations of the Social Security Administration. The three most common arguments are:

  • The client’s physical or mental impairment meets or equals one of Social Security’s listing of impairments. This is a listing argument.
  • Based on the client’s age, education, residual functional capacity (ability to perform work related tasks like lifting, carrying, standing, walking, etc.) and work experience, the client should be found disabled. This is a Medical Vocational Rule “Grid” argument.
  • The client is unable to perform any work on a regular and continuing basis due to their health.

A skilled attorney may present one or more arguments to prove their client’s disability case.

Most of the denials we see in the disability process are grounded in the analysis of the disabling condition and its affect on the claimant’s ability to work. Sometimes a claim is simply denied initially due to missing medical documentation or that the decision maker simply overlooked a medical listing or Medical Vocational Rule. A disability attorney can help by obtaining evidence and presenting arguments to Social Security. The disability attorney has several successful methods of satisfactorily proving disability. For example, the odds of success in the disability claims process increase greatly if the disability attorney is successful in obtaining a qualified supporting statement from one of the disability claimant’s treating physicians. Such statements from the claimant’s treating physician are held in high regards in the determination process.

Skilled disability attorneys are also successful through detailed knowledge of the process and the client’s particular situation. In this, the winning disability attorney ensures the Social Security Administration knows of ALL disabling conditions and their impact on a client’s ability to work. Furthermore, an experienced attorney will gather and present supporting documents (medical records, statements from treating physicians, etc.) that the client and the Social Security Administration may not have. Being aware of filing deadlines for the submission of supporting documents and appeals is critical to a winning claim. The most common way to lose a disability claim is to simply give up and fail to keep the case alive through the appeals process. The winning disability attorney is usually the attorney who files the appropriate appeals, presents all relevant evidence, and forms a winning argument based on Social Security’s rules and regulations.

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Sep 23rd, 2014

How Can a Disability Attorney Help Me?

Fred London Law 0 Comments Uncategorized

All Social Security Disability applicants have the right to be represented by an attorney. As there are many benefits available to Social Security Disability applicants, a disability attorney can analyze your situation to determine all potential disability benefits to which you may be entitled. Disability attorneys are experienced in knowing which information is relevant to the process and assimilating that information for the appropriate presentation to the Social Security Administration. The Disability Attorney is familiar with all of the forms required by the application process and can assist you with more efficient claims presentation. Disability Attorneys have the knowledge and experience to guide your claim through the determination process.

Disability attorneys are also aware of the steps in the appeals process if your claim is denied. It is important to be aware of the time limitations on appealing. Your Disability Attorney is well versed in these deadlines and can assist in the timely filing of the requisite request for reconsideration and request for hearing appeals. Once the process reaches the hearing level, the Disability Attorney brings the knowledge and experience to explain why you are disabled to the Administrative Law Judge. In proving you are truly disabled, the Disability Attorney will present an argument based on Social Security’s rules and regulations, which is supported by the medical evidence. A Disability Attorney brings the training and experience necessary to present an effective argument in both the appeals and hearing process.

In short, the Disability Attorney is knowledgeable about all levels of the disability application process. The Disability Attorney simply enhances your claim for Social Security Disability Benefits. Statistics show that represented claimants win at higher rates than unrepresented claimants at the hearing level. From the gathering of information and completing the forms to hearing representation, the Disability Attorney is simply an asset no claimant wants to be caught without.

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Sep 23rd, 2014

Criteria For Determining Financial Eligibility For SSI

Fred London Law 0 Comments Uncategorized

Financial eligibility is one of the threshold requirements for SSI. That is, in addition to being 65 years of age or older, blind, or disabled, the person seeking SSI must also have limited income and financial resources. The Social Security Administration defines “income” as money earned from work, monetary benefits from Social Security, unemployment, the Department of Veterans Affairs, and even workers compensation benefits. Free food and housing is included in the analysis. The income that the Social Security Administration counts will cause your SSI benefits to be reduced.

There are some forms of income that are not counted. For example, income tax returns are not counted. The first $20 earned in a month is not counted. The Social Security Administration also does not count the first $65 of earnings per month or one-half of earnings over $65 per month. Loans that must be repaid do not count. Neither does food nor shelter from non-profit organizations. Social Security does not even count scholarships or educational grants.

The financial resources possessed or available to an individual will also reduce the amount of one’s SSI benefits. While all assets are not counted, most are factored into the calculation. Some examples of assets the Social Security Administration will take into account are case, stocks, bonds, land, insurance, motor vehicles, and personal property. For the most part, any asset or resource that can be converted to cash is factored into the analysis.

The limits on financial resources as determined by the Social Security Administration are $2000.00 for an individual and $3,000.00 for a couple. In general, the more income counted by the Social Security Administration, the less your SSI benefit will be. If your counted income exceeds the limits, then you are not eligible for SSI.

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Sep 5th, 2014

SSA Terms and Definitions

Fred London Law 0 Comments Uncategorized

In the course of doing business with Social Security, you probably have come across more than a few acronyms or terms that left you scratching your head. For example: Your FICA (Federal Insurance Contributions Act) contributions aren’t the only factor to affect your OASDI (Old Age, Survivors, and Disability Insurance) payments and eligibility. You also must consider such items as insured status, month of election, and PIA (Primary Insurance Amount). Your protective filing date can make a difference as well. And each year the amount of your payment is subject to change as the CPI-W (Consumer Price Index for urban wage earners and clerical workers) brings about a new COLA (cost-of-living adjustment).

The Glossary Of Social Security Terms is available online at www.socialsecurity.gov/agency/glossary. There is also have an English to Spanish version of the glossary, available at www.socialsecurity.gov/agency/glossary/english-spanish-glossary.html. Also, check out the library of easy-to-understand publications at www.socialsecurity.gov/pubs. If you do encounter a word or phrase you don’t recognize, the place to go on Dictionary Day or any day is www.socialsecurity.gov/agency/glossary.