Victor Malca Law A Trusted Name In Florida
Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.
Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida. Book a free consultation today.
About The Author
Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving peoples livelihood. She is not an attorney and her writing should not be considered legal advice.
My Physician/practitioner Says I Will Be Unable To Work For More Than A Year How Long Can I Collect Disability Insurance Benefits
You can collect up to 52 weeks of full Disability Insurance benefits, or the amount of wages in your , whichever is less. You may be paid for periods longer than 52 weeks if your benefits are reduced because you returned to work on a part-time basis, or if you received other money during your disability claim period. You can contact the Social Security Administration if your disability extends beyond what DI allows.
Chapter 1: Getting Help With Your Ssdi Claim
Social Security law is highly complex. The very complexity of the process is the reason why most individuals who apply are denied.
Having the right help with your Social Security disability claim can make the difference in winning or losing benefits, and in how quickly you may qualify for benefits.
You have the right to appoint a qualified individual to represent you in your claim for Social Security Disability benefits. The appointment must be in writing and filed with SSA.
Your SSDI representative must be an attorney or a qualified non-attorney representative.
Attorney vs. Non-Attorney Representation
A disability attorney is able to advise you on the law and can interpret the law to build a case that avoids the pitfalls that cause so many SSDI claims to be denied in the first place. A lawyer who focuses on Social Security Disability benefits, or is Board Certified in Social Security disability law, takes out the guess work in your disability case.
SSA requires that non-attorney representatives possess a bachelors degree or equivalent qualifications, pass SSAs written examination, secure professional liability insurance or equivalent, undergo a criminal background check, and complete continuing education courses.
There are various organizations that allege that they can represent you, but there are some factors to consider beforehand.
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Other Payments May Affect Your Disability Benefits
If you receive certain other government benefits, such as workers’ compensation, public disability benefits, or pensions based on work not covered by Social Security , the Social Security benefits payable to you and your family may be reduced.
For more information about how these benefits can affect your Social Security payments, please refer to the following publications:
What Are Compassionate Allowances
Obtaining Social Security Disability Benefits or Supplemental Security Income can be a challenge. The process can be long and arduous, as the government vets and re-vets applications while succumbing to its own administrative delays and complications. In the meantime, deserving applicants are faced with mounting medical bills, limited income, and uncertainty aboutRead More »
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The Complete Guide To Disability Claims Insurance And Benefits
If you become disabled and can no longer work, disability insurance plans and government disability programs offer potential sources of replacement income in the form of disability benefit payments.
These sources of income can become a lifeline for you and your family should the unthinkable happen.
The Complete Guide to Disability Claims, Insurance and Benefits is your one-stop source for disability benefit information. Our easy-to-read guide explains:
- who is eligible for disability benefits
- what type of benefits are available to you
- how to apply for disability benefits
- how to make sure your disability claim is properly prepared
- tips that make the difference between claim approval and claim denial
- what to expect during the disability claims handling process
- how to handle difficult situations that may arise
- what to expect once benefits are granted
- why benefits are denied or terminated, and what to do about it
What You Can See In The Ssi Award Letter That You Will Receive
If your initial social security disability benefits claim is accepted and approved, expect to receive an award letter confirming that you have qualified for SSI disability payments.
Following the usual time frame, you are to receive the letter within three months after your application. However, this can vary due to the heavy volume of cases the Social Security Administration is processing regularly. Due to the nature of the disability system, timelines are very difficult. In fact, in a certain percentage of cases, the claimant will find that benefits have been deposited to his or her checking account even before receiving the award letter. Additionally, due to backlogs at payment processing centers, the wait time may seem inordinately long.
The letter will answer most of the benefit payment questions that disability claimants may have. It contains information regarding the date from which you will be entitled to collect disability payments and the amount of your Social Security disability benefits . The letter also includes when these payments are meant to begin and the day of the month when you should expect the monthly benefits.
If it is applicable, the award letter will also include the amount to be received in past due to benefits and the date that the check for past-due to benefits will be sent.
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Chapter : Effective Dates
The VA has rules for establishing effective dates that cover all types of claims, including original claims, reopened claims, and claims to increase disability ratings.
Effective Date Rule for Original VA Claims
The general rule for determining the effective date for an original claim is: the VA looks at the date it received the claim and the date that the entitlement to the benefit arose. The later of these two dates is the effective date.
Effective Date for Reopened VA Claims
The VA marks the effective date of a reopened claim as the later of the two dates on which the VA received the reopened claim and the entitlement to the benefits arose.
VA cannot use the dates from the original claim in a reopened claim that was finally denied. However, if you are able to prove that the VA made a clear and unmistakable error, you can argue to have your effective date changed back to the date your claim was originally filed.
Effective Date for Claims to Increase Ratings
In some cases, you may be eligible to increase the rating of an already service-connected disability. The effective date that your VA claims benefits are based on is either the date you file the claim to increase your ratings, or the date the disability increased in severity whichever is later.
How Does the VA Determine the True Date of a Claim?
Does a Form Have to Be Filed to Count?
What Communications or Actions Qualify as a VA Claim?
Chapter : Eligibility Requirements To Receive Veterans Benefits
In addition to meeting the VAs definition of a veteran, you must meet the following criteria to confirm whether you will be classified as a veteran:
- You have served in any branch of the military,
- your military service was considered active, and
- Under what circumstances you were discharged
These three important points must be established if you are to begin the claims process. Dependents and survivors of veterans may also apply for benefits after establishing that their loved ones status met these three criteria.
If a veteran fails to meet the three basic eligibility requirements, he or she may still qualify for some benefits in certain cases.
Other factors might influence the types and amount of benefits that you, your spouse, or your dependents are eligible to receive. Examples include how long you actively served or if active service was during wartime.
Meeting the Military Service Requirement
The VA will evaluate your experience to establish that your experience qualifies as military service. Serving in one of the five branches of the US Armed Forces is the most common form of military service. By serving with the US Army, Navy, Marine Corps, Air Force, or Coast Guard, you would generally meet the military service requirement.
Other Types of Military Service Can Make You Eligible for VA Compensation
Some examples of other services that might qualify:
Active Service Requirements for Veterans Status
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Medicare Coverage If You’re Disabled
We automatically enroll you in Original Medicare after you get disability benefits for two years. However, if your disability results from ALS, Medicare coverage begins sooner, generally the first month you are eligible for disability benefits.
- Medicare Part A helps pay for inpatient hospital stays, care in a skilled nursing facility, hospice care, and some home health care. The taxes you paid while you were working financed this coverage. Its provided at no cost to you.
- Medicare Part B helps pay doctors’ services, outpatient care, some medical supplies, and other preventive services. You will need to pay a monthly premium for this coverage if you want it.
Most people have both parts of Medicare. If you have questions about this coverage, you can contact Medicare toll-free at 1-800-MEDICARE to speak to a Medicare Customer Service Representative. TTY users should call 1-877-486-2048.
Why Is My Ssdi Claim Taking So Long
Lets say youve followed these steps and filled out a complete application with accurate information and youre following your doctors treatment plan. Why would your claim still take so long to process?
There are two factors that can contribute to extended wait times. The first is simply that the government does not impose any deadlines for the SSDI application approval process. Examiners do not have a minimum or maximum allotted amount of time to process your claim.
The second factor that can extend wait times for your claim is that the examiner needs additional medical information to process your claim. This can happen even when your doctor provides thorough documentation. Sometimes, the Social Security Administration will even select one or more doctors as independent medical examiners and require you to see them. Those doctors then prepare a report for your claim. Of course, this would add to the length of time it takes to make a decision.
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If You Are Initially Approved For Disability Benefits
If you are approved for Social Security Disability Insurance benefits in New Jersey at the initial claim level, you can expect to receive a disability award letter within a few days unless your case has mitigating factors such as workers compensation or disability awards that need to be inputted manually by claims representatives. This Notice of Award specifies the amount of your monthly benefit and any retroactive payments as well as when you can expect your first benefit payment via check or direct deposit.
Supplemental Security Income disability or concurrent disability claims are always sent back to the local Social Security office for a PERC, which is a follow-up interview to review your income and resources in order to determine if you are eligible to continue receiving a monthly disability benefit or if you are entitled to SSI benefits during the five-month waiting period.
Many disability applicants, however, first receive a letter indicating that they have met the medical requirements for disability, but that their claim is being sent back to their local Social Security office to determine whether they are still not working above their SGA level and still meet the nonmedical requirements for Social Security Disability or SSI.
- For SSDI, the nonmedical issues include whether you worked recently and paid into Social Security.
- For SSI, nonmedical issues include determining your earned and unearned income and your assets.
How Long Does It Take To Get An Award Letter From Social Security
You can expect to receive an official award letter anywhere from one to three months after your disability claim is approved. But keep in mind that, as with most situations related to benefits claims, that timing can vary widely depending on the specifics of your situation. In rare cases, some claimants have seen benefits deposited into their bank accounts before their award letter arrives.
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Is There Any Risk To Appealing
If we appeal a Partially Favorable decision, we appeal the entire decision. With that comes the risk that the Appeals Council may find that you are not disabled at all. If so, they could deny the claim altogether. We would lose whatever benefits we had been awarded via the Partially Favorable decision.
Another thing to consider is that you will not receive benefits while your appeal is pending before the Appeals Council. Sometimes the sacrifice of some backpay is worth the ultimate outcome of getting the monthly benefit and assistance they so desperately need.
You may have questions about the process or what your decision means. Contact your representative, who can better explain the specifics of your situation and help you make the best decision for your case.
Fully Favorable Vs Partially Favorable Social Security Disability Decisions
A favorable decision, in the context of Social Security disability claims, is an approval of disability benefits. More specifically, the term favorable decision refers to an approval granted by an administrative law judge at a disability appeal hearing.
If you are approved for benefits, you will receive a hearing decision letter in which the ALJ who granted you the favorable ruling explains both the reasons for the ruling and the established date of onset , which determines the date from which you are owed disability benefits.
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Can Anxiety Qualify You For Social Security Benefits
Social Security Disability benefits are available for qualifying individuals who are either at least 62 years old or who suffer from a disability. Applicants often think that disability requires a physical impairment, such as blindness, deafness, or paralysis. The Social Security Administration , however, recognizes that mental health disorders can be equally debilitating. Read More »
If Youre Waiting For A Medical Assessment
At the moment the DWP will try to do the assessment by looking at your childs medical evidence – they might also ask to talk to them over the phone or by video call. Its important to send their medical evidence as soon as possible.
In rare cases the DWP might invite your child to a face-to-face medical assessment.
Your child will keep getting DLA until they have a medical assessment. The amount they get wont change.
Read our advice on moving from DLA to PIP to help you get ready.
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Exceptions To The Rule
There are exceptions to these rules such as Social Security finding there was a clear error or fraud in the original decision but in actuality, only about 5% of disability recipients lose benefits after a review. And no, while there may be more scrutiny on initial disability decision in the near future, unless policy and regulations are changed regarding disability reviews, it won’t be more difficult to pass a review because of the political climate.
Talk To A Disability Lawyer
Need a lawyer? Start here.
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Chapter 1: Special Rules For Combat Veterans
Combat veterans are apt to have a less difficult time getting their condition service-connected than non-combat veterans. VA law makes it much easier for combat veterans to prove that their disability occurred or was aggravated during service. This reduces the chances that the combat vet is denied VA compensation benefits.
This means a combat veteran does not need to show facts to prove that their disability stemmed from a service-related incident. They just have to make a claim that shows to be consistent with the circumstances and conditions in which they were deployed.
In most cases, the combat veterans statement that the disability occurred from a combat incident will be considered as fact. This can only be disputed if someone provides clear and convincing evidence to the contrary.
Why Do Combat Veterans Receive Special Treatment on VA Compensation Claims?
This treatment is not due to favoritism or partiality. The reason combat veterans are treated differently is that during combat, military record-keeping can be very disorganized or faulty. Records are easily destroyed or are incomplete, and in some cases, no records exist at all. Because of this, the VA has chosen to err on the side of the combat veteran with regards to compensation claims.
What Do Combat Veterans Need to Prove to Get VA Compensation Claims Approved?
How Do You Know If an Incident Occurred While Engaged In Combat?