What Is Social Security Disability Insurance
Social Security Disability Insurance is a safety net program that essentially insures workers in the case they get sick or injured and can’t work as a result. However, with SSDI, you don’t pay premiums to an insurance company. Instead, you pay Social Security taxes out of each paycheck, and a portion of this tax money goes to fund the SSDI program.;
If you have a qualifying disability, you can apply for SSDI benefits. These benefits can be paid to you the entire time you’re disabled until you reach retirement age and transition to retirement benefits.;
Expected Time Frame For The Social Security Disability Process
In general, the Social Security disability benefits process takes about 3 to 5 months, and will be on the longer end if you are initially denied and pursuing an appeal. You can expect the initial decision to arrive between 30 and 90 days.
The exact time depends on numerous factors, however, including how long it takes to obtain your medical records as well as any other evidence needed. Having to navigate the appeals process will also be another roadblock in receiving Social Security Disability.
What If You Don’t Have Enough Work Credits
If you don’t have enough work credits to qualify for SSDI, it’s possible you may be able to qualify based on a spouse’s or parent’s work record. For example:
- Widows or widowers between the ages of 50 and 60 who become disabled may qualify for widow’s disability benefits based on a spouse’s work history.;
- If you become disabled before age 22, you can be classified as an adult child and potentially become eligible for SSDI benefits based on a parent’s work history.;
The Social Security Administration has more information on qualifying for benefits on a family member’s work history. If you can’t qualify based on your own work record or a family member’s work record, then you will not be able to get SSDI benefits. However, you may still be eligible for disability benefits through the Supplemental Security Income program.
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Our Disability Attorney In Nj Describe Judges At Your Social Security Disability Hearing
If youre working with a disability attorney in NJ, your application for Social Security disability will be reviewed by an administrative law judge who represents the Social Security Administration . The ALJ works as a neutral researcher whose job is to inquire about your disability and grant benefits if youre disabled according to the Social Security Act.
Tips For How To Win A Social Security Disability Hearing
If you are facing a disability hearing with the Social Security Administration , then it is best to schedule a consultation with your NJ Social Security lawyer first. An experienced lawyer will be able to assist you with your case and give you Social Security disability hearing tips. The following information will discuss Social Security disability hearing tips and what to expect during a hearing. Going to your disability hearing can be a stressful event. Often times you have had to wait several weeks or months to have your case heard by the Administrative Law Judge . These following Social Security disability hearing tips will help to get you prepared for your hearing and increase the chances of you winning your case. If you find that you have further questions on the Social Security disability hearing tips, contact your disability attorney to schedule a consultation.
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What Is An Ssi/ssd Psychological Exam
As its name suggests, an SSI/SSD psychological exam is essentially a mental consultative test that will allow professional examiners to better understand your condition. Since many individuals do not have a medical history in regard to mental health disorders, an exam is typically required.
In 2013 alone, the Social Security Administration received approximately;2.6 million applications;for SSD and 1.6 million applications for SSI and the overall disability determination process is the same for both.
Remember, having a mental health disorder does not necessarily equate to a disability. The SSA;defines a disability;as the inability to engage in any substantial gainful activity in this case, due to mental impairments, for a continuous period that is no less than 12 months.
The exam itself is generally administered by a physician, psychologist, or psychiatrist, who have no affiliation with the SSA in terms of employment. This helps to ensure that no bias is made and that a more accurate professional opinion is made.
Hiring An Experienced Ssdi Attorney Or Advocate
Working with a trained SSDI professional can significantly improve your chances of winning a disability claim at any level in the process. In fact, statistics show that applicants who work with attorneys or advocated early on are much more likely to achieve an award. And working with a professional at the ALD hearing level can more than double your chances of getting approved.
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Getting Ssdi For Supraventricular Tachycardia
As mentioned earlier, the SSA recognizes this heart condition as a disability. This means that individuals with this condition are able to apply for SSDI benefits. The tricky part is proving that symptoms have persisted for at least 12 months. This is where having detailed medical records comes into play. Its important that individuals are able to submit proof of diagnosis, including when they were diagnosed and the steps that have been taken to treat the condition.
Another tricky part of proving that this condition qualifies an individual for SSDI benefits is being able to demonstrate that the condition is preventing the individual from being able to work. The SSA will try to find other positions that the individual is qualified to work in before moving the application forward. This means if an individuals job requires them to stand and theyre fainting as a result of SVT, the SSA will try to find a position that allows the individual to sit down while working. Its a tiresome process and is best done with someone who understands the process.
Mortgage Programs With Higher Debt Ratios
With strong enough compensating factors, borrowers may qualify with higher than the old standard 36% maximum debt to income ratio. Actually, it is common for borrowers to receive approvals at 45%. Additionally, debt ratios up to 55% or even more is possible on VA and FHA loans! Conventional loanspotentially allow up to 50% debt to income ratio too.
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What Is The Listing Of Impairments
The Listing of Impairments is a list of conditions or health problems the SSA has prepared that are;usually considered severe enough to allow you to qualify for benefits. It’s divided into Part A, which lists adult conditions, and Part B, which lists children’s conditions.;
Within each part, there are specific categories of medical ailments that deal with different parts of the body, including:
- The Musculoskeletal System
- Congenital Disorders that Affect Multiple Body Systems
- Neurological Disorders
- Immune System Disorders;
In each of these individual subsections are diseases, disorders, and medical problems that the SSA believes may allow you to qualify for benefits. However, having a listed condition;still isn’t enough. The SSA also lists specific symptoms you must exhibit or criteria you must meet to qualify for benefits based on that condition.
For example, to qualify for disability benefits based on chronic heart failure, you must be undergoing treatment and still have medically documented proof of systolic or diastolic failure. The SSA even defines exactly what it considers to be systolic or diastolic failure.
The chronic heart failure also must result in: persistent symptoms of heart failure that interfere with daily living; three or more separate episodes of acute congestive heart failure over a consecutive 12-month period; or an inability to perform an exercise tolerance test for specified reasons, such as chest discomfort.;
Benefits For A Disabled Child
A child under age 18 may be disabled, but we don’t need to consider the child’s disability when deciding if he or she qualifies for benefits as a dependent. The child’s benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school or is disabled.
Children who were receiving benefits as a minor child on a parents Social Security record may be eligible to continue receiving benefits on that parents record upon reaching age 18 if they are disabled.
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Why Hire A Disability Attorney
The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased. While it’s certainly true that some people who apply on their own are approved for benefits, statistics show that, everything else being equal, Social Security is more likely to approve an applicant who’s represented by legal counsel than one who isn’t.
From the initial application to the hearing level and beyond, disability attorneys understand how to present a case in the light most favorable to their clients. On the initial application, your lawyer can offer advice on your “alleged onset date” of disability, argue that your condition meets one of the listed impairments in Social Security’s “blue book,” and help you focus on the facts that will be most persuasive to Social Security. At the reconsideration and hearing levels , your lawyer can collect and submit relevant medical evidence, obtain an opinion from your doctor, draft a detailed brief to the Administrative Law Judge , and prepare you for the judge’s questions at the hearing. Your attorney will also elicit helpful testimony from you at the hearing and may cross-examine the Vocational Expert or Medical Expert to demonstrate that you’re unable to work.
At the next stages of appeal, the Appeals Council and federal court, your lawyer can craft sophisticated legal arguments to show that Social Security wrongly denied your case.
What Happens If The Adult Child Gets Married
If he or she receives benefits as a disabled “adult child,” the benefits generally end if he or she gets married. However, some marriages are considered protected.
The rules vary depending on the situation. Contact a Social Security representative at 1-800-772-1213 to find out if the benefits can continue.
To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.
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The Alj Will Question You
The;ALJ;who is presiding over the hearing will ask you questions that focus on medical history and ability to function. The;ALJ;may verify information on your;SSD;application and ask you how your disability impacts your life. The judge isnt trying to prove that you dont have a disability. Theyre instead trying to determine the extent of severity of any diagnosed medical conditions. You should be completely honest with the;ALJ;about your conditions and how they affect you.
Failure To Follow Recommended Treatments
You may have a greater opportunity of being approved for disability benefits if you have a strong working relationship with your doctor. However, not following recommended treatments can result in your claim being denied, as the SSA may find it difficult to determine if your inability to work comes from a medical condition or your inability to cooperate with a treatment plan. If the SSA determines you are trying not to get better, it may be justification for denial.
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A Social Security Hackensack Nj Law Firm On The Key To A Disability Hearing: Your Testimony
If your Social Security disability claim has reached the hearing stage, youve already been through a lot; the limitations imposed by your impairments, of course, but the disability process itself is long and stressful. You likely have been informed by your New York Social Security disability lawyer that statistically, this is your best opportunity to be approved for benefits, and its important to make the most of it.
Employment During The Past 15 Years
First, your attorney will have you explain the type of work that you did in the easiest job that you have held in the past 15 years. You will then tell the court why you can no longer work at that job. Your lawyer will help you eliminate reasons that do not apply to Social Security in Hackensack NJ, such as the company relocating or laying off employees.
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You May Qualify For Legal Assistance
Want to know more disability secrets that could help your case? Having a lawyer file your claim makes you 2x more likely to get benefits on your first try. We can match you with a local Social Security attorney that knows disability secrets that can help your case. For example: There may be state-run disability programs you qualify for that pay cash benefits while the SSA reviews your application.;Still, talking to a lawyer is the only way to learn which disability secrets may help you win benefits.
All disability attorneys work on contingency, so youll pay pay nothing for legal advice by phone. If the SSA wont approve your claim, you owe $0 for legal assistance. And if you win, then youll only pay a small, one-time fee.
Ready to see if you may qualify? Click the button below to start your free online benefits evaluation now!
Social Security Disability Benefits
When a person becomes unable to work due to a severe physical and/or mental impairment, she may be eligible for Social Security disability insurance and/or supplemental security income. Often, the process is confusing and overwhelming. We assist claimants with all levels of the process including the initial application. If you need assistance with an appeal, please call the Peña & Bromberg, PLLC. You do not pay a fee unless we win the case. The fee is limited by law to 25% of your back pay up to $6,000.00. If the Social Security Administration has denied your claim, call us right away!
Today, more and more Americans are unable to work and earn a living due to illnesses and injuries. Not only is this a traumatic experience both physically and emotionally, many disabled individuals are left wondering how they will provide for themselves and their families. Thats the bad news.
The good news is that the Social Security Administration offers two different benefit programs that provide assistance to the disabled Social Security Disability Insurance and Supplemental Security Income . Nonetheless, navigating the vast federal bureaucracy can be complicated and the majority of initial claims are denied. For this reason, it is crucial to have an experienced disability benefits attorney by your side.
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Find Out How Much Social Security Disability Benefits Are Worth And How To Apply For Them
Anyone can become temporarily or permanently disabled. In fact, many experts believe that Americans in their 20s today have about a 30% chance of experiencing a disabling condition severe enough to cause at least three months of missed work before they retire. Yet despite the significant risk of disability, most Americans have neither short-term nor long-term disability insurance.;
If you sustain an illness or injury that leaves you unable to work, what can you do? One option is to apply for monthly disability benefits through the Social Security Administration, which also provides retirement benefits to seniors. However, qualifying for Social Security disability benefits can be complicated, and the bar for qualifying is set fairly high.
If you think you may come to rely on Social Security disability benefits;– or if you simply want to find out how they work — this complete guide will provide the answers you need.;
What Happens To Your Social Security Benefits If You File For Bankruptcy
If you ever received too much money for your Social Security benefits from the federal government, they may garnish your benefits to recover their money back. This option is very common with the Social Security Income beneficiaries.
Persons eligible for disability benefits may apply for Chapter 7 bankruptcy. The bankruptcy code relieves you from any outstanding debts you may have, including credit card debts, medical debts, and any debts not tied to a property. This filing is usually processed within 90 days after approval.
Remember to separate your Social Security benefits from your other benefits accounts so that you do not complicate your case. The complication arises because the disability income, such as the Social Security benefits, are regarded as bankruptcy exemptions as long as they are not mixed with other incomes.
Filing for bankruptcy might be the best solution for debt management if you entirely rely on Social Security benefits as your source of income.
In a nutshell, a creditor cannot secure a court order to garnish or put bank levies on your social security benefits if it is your only source of income.
Only the federal or state governments can garnish your Social security benefits without needing a court order if you owe taxes, student loans or if your account was mistakenly overpaid. Generally, Social Security disability beneficiaries are judgment proof.
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Tips For Winning Your Disability Case
Knowing how the Social Security disability system works is key in getting disability benefits, as is knowing how to grease the wheels. Here are a few tips on keeping your claim moving properly through the system and making sure the right people at Social Security have the information they need to make a disability decision.
Serving The Western United States
If you are going in for a social security disability hearing, there are many things you can do to improve your chances of winning. A skilled social security claim attorney can help you and fight for your rights. Here are some helpful tips to win your case:
Do not dress up for your social security hearing. The Judge should see you as your normally look every day around the house
Take your medicine as you normally do before the social security hearing. Do not double up on your medicine no matter how nervous you are unless your doctor tells you to do so
Answer only the questions asked of you. If someone asks about your legs, do not start talking about your problems with your arms.
If you do not know the answer to a question, say you do not know. If you do not remember, say you do not remember.
Speak up at your hearing so that you can be heard and understood.
If a relative or friend comes with you to the social security hearing, you should tell them not to answer questions for you when you are testifying. Even if you cannot remember or answer incorrectly, they should not butt in.
Do not try to put on a brave front at your social security claim hearing. They are not handing out awards for bravery. If it hurts, testify that it hurts. If you cannot do something, testify that you cannot do it. You cannot expect a fair decision from the Judge unless he knows what is wrong with you.
Law Offices of Fred J. Fleming
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