Seek Legal Help With Your Claim
A disability lawyer or advocate can assist you throughout your entire claim, from start to finish. He or she can help gather evidence, counsel you on application and documentation strategies, and represent your interests during the review and appeals stages, if necessary.
A disability lawyer can help you apply for disability. They can help make sure that every paperwork is older before you apply so that the application process is smooth.
A lawyer can help file for disability by consulting with your doctor making sure you have all the right records and tests to show that you can no longer work because of your disability. Disability lawyers work on a contingency fee basis, meaning they only get paid if you win your case.
Even if you have a team of others helping with various steps in the disability review, your lawyer can be your go-to person for understanding SSA processes, disability documentation and eligibility, and denial and appeal procedures.
Your Disability Must Specifically Make You Unable To Perform Your Usual Job Duties Regularly For 40 Hours A Week
This is one of the trickier disability secrets, since some jobs are easier to do than others once youre disabled. But if you can still perform the tasks listed in your job description, you likely wont qualify for monthly benefits. Under the Americans with Disabilities Act, your employer must provide Reasonable Accommodation for disabled employees.
One of the biggest disability secrets people ask about is, How can I prove Im disabled during my DDS exam? The answer is simple, actually! If you drop a pencil on the floor and cannot pick it up without help, youre disabled. And if you cant walk across a room without assistance, youre disabled. Finally, if you must alternate sitting and standing throughout the day or cannot lift anything heavier than 5 lbs., then youre disabled. Of all disability secrets we know, this one may be the most valuable!
What Is The Disability Claim Continued Eligibility Questionnaire
If your claim is on automatic payment, after 10 weeks of payment, you will receive a Disability Claim Continued Eligibility Questionnaire . Return this questionnaire form to the EDD to certify that your disability continues. If you do not return the DE 2593 to the EDD online or by mail within 20 days after receiving the form, your benefits will stop. If this form is submitted late, you may lose benefits.
Why Was My Application For Dtc Denied And What Can I Do
Unfortunately, having a claim denied is not uncommon, but there are options available for you. In fact, a person who has been denied their Disability Tax Credit claim can re-apply as many times as they like because there is no limit to the number of attempts an individual can make.
If your claim was previously denied, you may want to consider re-evaluating the information provided in the form.
In many cases, the CRA will describe the reason you were denied. It is possible that the CRA did not feel they had enough viable information to deem the case eligible. This does not mean that you do not qualify. It simply means that when you re-apply you will need to provide more detailed information about the severity of the condition. You may also need to ensure that the severity of the condition is clearly described by the medical practitioner.
In the event that you are denied, you can also appeal the CRAs decision. To appeal, you must contact the CRA in writing, and they will assign you an appeal officer. This process can take up to nine months. The officer will review your case and review your claim to make a decision. In cases such as these, there may be new paperwork and follow-up correspondence required. Some people choose to consult a specialized Disability Tax Credit Firm for assistance with the appeal process.
Submit Your Application And Provide Any Further Information
Once you have the application prepared, you simply send it in to the disability plan or program. The disability plan or program will assign a person to review your application; this person is called a claim representative, advisor, or adjudicator. The representative will often call or write to ask you for clarifications or more information. You should always cooperate and give the requested information to the best of your ability. Being open and honest with whoever is adjudicating your claim will always help your case.;
Chapter 12: How To Obtain Medical Evidence To Support Your Claim
Before you undertake a VA compensation claim, it is critical to understand what is involved in obtaining the medical evidence to satisfy the nexus requirementor linkage evidence. The format is simple all you generally need is a letter or statement from a doctor/medical expert. This can be your private medical provider or one employed by the VA.
Occasionally the linkage evidence will be provided by way of military medical records or a physicians in-person testimony.
Just as important as the medical records is the careful wording and thoroughness of the doctors statement. The medical opinion connecting a veterans disability to a triggering service incident must be based on examination and reasoning, not just the veterans testimony, and must specify the rationale used by the physician to arrive at the opinion.
The terms and language of the doctors statements should be very clear and specific. Ambiguous or careless phrasing has been a frequent cause of claim denials in past cases.
The VA often rules medical experts opinions insufficient if analysis and reasoning are not clearly expressed in the opinion. Always review your medical records when you attend doctors appointments, to be sure your physician is very clear in his or her details on your records.
Some medical experts are better than others; choose carefully, and search out highly trained individuals who have a good reputation in your local community.
Other Strategies to Remember
You Start To Give Up Hope And Worry About The Future
A lot of bad things can and did happen over the five years it took to start receiving benefits. Even when I was able to work full-time, it wasnt easy. I had to wake up earlier than normal just to be able to function because the stiffness in my joints was so bad first thing in the morning.
There were times when I got to work in the morning and had to rest for a few moments in my car before heading in because my fatigue was so bad.
But then there were days and weeks when I felt amazing and had no issues thats how it is sometimes with a disease like RA, which ebbs and flows, flares and subsides. These are the types of things I struggled to explain to SSA when applying and reapplying for disability benefits.
Those years of not receiving any assistance had to be the scariest ones of my life. I was approaching my mid-20s and had to depend on family members for literally everything. I began to have serious worries about my future. Would I need to stay on disability forever? How would I explain my medical and financial situation to prospective love interests? And if I ever got married, the amount of disability I receive could be reduced or stopped altogether. This is because a portion of a spouses income and assets counts as yours. Talk about soul-stripping.
How To Apply For And Qualify For The Child Dtc
When you apply for the Child Disability Tax Credit, the parent applying on behalf of the child must meet all of the following criteria:
Must live with the child, and the child must be a minor under 18 years of age Must be the primary care-giver and be actively bringing up the child Must be a resident of Canada
Applying for the Child Disability Tax Credit is fairly straightforward, although quite detailed.
The application is presented in two parts; Part A and Part B.
Work Closely With Your Doctor
Your doctor is a primary partner in not only your medical care but also your disability application. He or she can review the Blue Book listing with you, help you gather evidence, fill out forms, and submit required records.
The SSA will likely request information and records directly from your doctor too, so be sure to communicate openly with your physician about your disability application and request his or her assistance as needed.
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Can An Adult With Adhd Qualify For The Disability Tax Credit
As weve mentioned in previous sections, applying for the Disability Tax Credit with ADHD as an adult can be very difficult- but not impossible.
Weve already established that ADHD is a chronic, life-long condition. The challenge applying as an adult is proving the severity of the condition and the ways the individuals mental functioning are affected to a disabling degree.
To quote Wayne O-Brien, a professional with Seeds Of Hope and Adult diagnosed with ADHD:
If you or someone you love is applying for the Disability Tax Credit as an adult with ADHD, be prepared to explain the severity of the impairment and how it affects the individuals daily life, in spite of the accommodations that may be being used to provide assistance. It is also important to have the medical practitioner assisting in filling out the form to detail the severity of the condition and its impact on the affected individuals life.
As an example, if an affected adult struggles to remember bill payments, even after setting up reminders, or fails to keep vital appointments such as jobs shifts, or takes an inordinate amount of time to complete a necessary task, like balancing a cheque book, their ADHD symptoms may make them markedly restricted in the mental functions necessary for everyday life in the areas of adaptive functioning , memory, and goal-setting/problem solving/judgment.
Recognizing That I Needed Disability Benefits A Few Years After Being Diagnosed With Juvenile Arthritis Was Hard The Challenge Of Applying For And Receiving Disability Was Harder Than It Should Have Been
Five years. Thats how long it took for me to start receiving disability benefits after I first applied. According to the Social Security Administration , it should take three to five months to process an application. But a decision doesnt guarantee you will receive assistance, and you have to keep reapplying until you do.
Sure, receiving any amount of income is nice, especially if you have an invisible disability and illness that makes it very challenging to work full-time.;The process of applying for Social Security Disability Insurance and Supplemental Security Income shouldnt be as difficult as it was for me. There were so many roadblocks that I had to go through to get the help I needed. Whats more, receiving these benefits didnt automatically make my life easier, either. Heres a look at why.
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Who Is Eligible For The Dtc
You are eligible for the DTC only if we approve Form T2201, Disability Tax Credit Certificate. A medical practitioner has to;fill out;and certify that you have a severe and prolonged impairment and must describe its effects. Answer;a;few questions;to find out if the person with the disability;may be eligible.
If we have already told you that you are eligible, do not send another form unless the previous period of approval has ended or if we tell you that we need one. You should tell us if your medical condition improves and you no longer meet the criteria for the DTC.
See Eligibility criteria for the disability tax credit to know more;about the requirements to be eligible for the DTC.
You Can Still File A Claim And Apply For Benefits During The Coronavirus Pandemic
Get the latest information about in-person services, claim exams, extensions, paperwork, decision reviews and appeals, and how best to contact us during this time.
- Find out if youre eligible for VA disability compensation
- Gather any evidence youll submit yourself when you file your VA disability claim.
- Be sure your claim is filled out completely and you have all the supporting documents ready to send in along with your claim. This will help us process your claim quickly.
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Adhd Does Not Discriminate
It can affect anyone from any background or any walk of life. Whats more, those with ADHD are at higher risk of suffering from unemployment, increased risk of poverty and mental illness, and are more likely to enter the workforce unskilled or semi-skilled.
As a misunderstood condition, those affected may be used to hearing that they fail to apply themselves- having their struggles attributed to a personal shortcoming. In reality, ADHD is not a personality trait. It is a real, scientifically backed medical condition that has wide and varied effects on the brain.
Wait For A Decision On Your Claim
Once you have submitted your application and fulfilled any further requests for information, you just have to wait for the claims representative to make a decision. They will either approve or deny your claim. Normally it takes up to 30 days for the claim representative to make this decision, but it can take longer in some cases. If you have been waiting months for a decision, something strange is going on and you should take the appropriate steps to get to the bottom of it.;
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Can You Receive Retroactive Payments
Once the SSA approves your SSDI application and calculates your monthly benefit, you may be entitled to a back pay award. How many months of payments you will receive will depend on the date you applied for benefits and your disability onset date.
If you are applying for SSDI benefits, you need the assistance of a skilled Social Security disability lawyer to get your application approved and receive the benefits you deserve. To schedule a free consultation with a member of our legal team, fill out the online form on this page or call our Roswell office today.
It’s More Important To Focus On Saying As Much As You Can About Your Disability
What an individual filing for disability should worry about is what they should say while filling out their disability paperwork, rather than what they should not say. The outcome of many disability claims depends upon how well an individual’s disability paperwork is completed. Disability decisions are based upon a lot of information, and the main source for that information is the disability paperwork provided by the claimant at their initial Social Security disability interview . Giving a detailed account of your condition, medical history, and work activity can allow a disability claims examiner or administrative law judge to make a favorable determination in your Social Security disability claim.
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Sections 7 And 8: Medicines And Medical Treatment
Section 7 asks for the names of all your medications, both prescription and over-the-counter, the reasons for your medication, and the doctors prescribing them. If you’re unsure of the reason, simply write “unsure.” You can usually obtain a list of your current and previous medications from your pharmacy.
Section 8, which deals with your medical treatment, is the most extensive and time-consuming part of the ADR. It asks for the names and contact information of any physicians, clinics, or hospitals where you’ve received treatment, as well as the dates of treatment. Social Security uses this information to request your medical records, so be as accurate and complete as you can. Don’t forget to include mental health treatment as well.
If You Do Not Qualify Financially For Income Support
If your caseworker tells you that you do not qualify financially for Income Support, you can ask to have the decision reviewed. This is first step in the appeal process and is called an Internal Review.
While the review takes place, you may continue with part two of the application process : looking at your disability status.
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Chapter 12: Attorney Representation In A Disability Claim
Every claimant is different and every case is unique. The following are just some of the ways an experienced attorney helps claimants prepare and file a disability insurance claim:
- Complete all insurance company forms correctly and without making unintentional statements that could weaken your claim;
- Review your LTD policy and advise you on its meaning, the law and your options;
- Obtain your complete claim file from the Insurance Company according to Federal ERISA statutes;
- Obtain medical reports and opinion evidence regarding your disability;
- Review your medical records and suggest additional testing to develop and prove your case;
- Fortify your claim file with further medical evidence and data;
- Consult with qualified Vocational Experts to get opinion evidence rebutting an insurance companys denial;
- Obtain and develop evidence regarding your Residual Functional Capacity that is the key to your disability claim;
- Develop evidence to refute surveillance video;
- Develop evidence to refute the credibility of the insurance companys doctors and vocational experts;
- Quickly and effectively file your administrative appeal when necessary;
- Correctly calculate your benefits;
Chapter 5: Short Term Disability Insurance Vs Family Medical Leave Act
Both STD and Family Medical Leave are in place to help you if you become disabled and cannot work for a temporary time span. However, they are very different sources with different purposes. It is important not to confuse the two.
Family Medical Leave Protects Your Job
FMLA does not compensate for lost wages. If is a federal program that prevents employers from firing employees who miss weeks or months of work, because they are injured or very sick.
You may be eligible for up to 12 workweeks of leave per year under FMLA. The leave is unpaid: your employer is not required by law to pay you for missed time.
FMLA rules apply in all 50 states, and generally affect companies with 50 or more employees. FMLA also helps you be away from work due to a family members medical emergencies, and for maternity leave and adoption.
Short Term Disability Insurance Replaces Income
STD is a disability insurance plan that is totally financial in nature. It does not affect job security; i.e., your employer is not required to hold your job. The insurance carrier that provides the coverage promises to pay on a legitimate disability claim, per policy limits. STD generally starts after any paid sick days are used up, and other policy conditions are met.
Whether purchased privately or provided by an employer, STD coverage is optional. STD only covers the named insured on the policy, and no other family members.
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