The Social Security Administration Is Not On Your Side
The Social Security Administration denies benefits to a significant portion of first-time applicants and often terminates existing benefit payments. Statistics prove that people with lawyers are more likely to win their cases than those who go it alone.
Almost all of the cases we take are disability claims that have been turned down by people who didnt have Social Security disability attorneys. The SSA is not on your side. Their job is to represent the system, not you. At Brown & Crouppen, we are here to get you the Social Security benefits you deserve. Our team includes some of the Midwests most experienced Social Security lawyers to handle the intricacies of your individual SSD claim.
Qualifying For Supplemental Security Income Benefits
Supplemental Security Income is an entitlement for severely disabled individuals with very limited income and resources who are ineligible for SSDI or who are only eligible for a small amount of disability insurance benefits. The SSI program also provides payments to adults who meet the financial requirements and are 65 or older or are blind.
In some cases, a worker who has not paid enough FICA taxes over a long enough period to be considered insured for SSDI benefits may be eligible to file for benefits under SSI. Some are eligible to draw both SSDI and SSI benefits.
To obtain SSI benefits, an applicant must provide evidence that he or she is one of the following:
- Disabled by a medical condition that keeps him or her from working and has lasted, or is expected to last, at least 12 months or cause death
- Totally or partially blind
- At least 65 years old
In addition, the applicants countable resources savings, stocks, bonds, real or personal property, or other financial assets cannot exceed $2,000 in value . Some assets such as your house or your car are normally not included in the calculation.
If an individual is eligible to apply for SSI benefits, he or she must then meet the same definition of disability that is utilized in SSDI cases.
Let Us Take On The Stress
At Disability Lawyer Richmond Hill, we understand how complex a disability can be for individuals and their families.
With the physical and emotional disabilities typically impairing an individuals ability to work, is it any wonder theres an increased need for legal assistance when fighting for disability benefits?
When you get help from a lawyer, you can focus on taking care of yourself and getting better while they take care of the legal issues. A disability lawyer can fight for your benefits to get the help you need.
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Using Drugs Or Drinking Alcohol
You may be denied disability benefits if your illness or impairment was caused by using drugs or drinking alcohol. The SSA may approve a claim if you quit and detox. If you are found to be lying on your application about having stopped using these substances, you could lose all credibility and never receive an approval.
What To Do If Your Application Is Rejected
Your case will be decided by an Administrative law Judge . Different ALJs conduct hearings in various ways. So, you should find an attorney who knows your judge and what he or she expects from you at the hearing. The attorneys at Schmidt Kramer know the requirements of the Social Security judges and will make sure you are properly prepared and represented at your appeal hearing.
Its not uncommon to have your SSD claim denied. In fact, the SSA reports that, on average, more than 60% of applicants are denied the first time they apply.
If your SSD claim was denied, you will receive a letter from the SSA informing you of your right to request a hearing in front of a judge. At your hearing, the judge will review letters from your physician as well as additional medical documents which support your disability claim.
At this stage, its imperative that you have an experienced Pennsylvania Social Security Disability appeals lawyer to represent you. The knowledgeable appeals attorneys at Schmidt Kramer have a long track record of helping people succeed in obtaining SSD benefits at the hearing stage, or at any stage during the appeals process.
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We’ll Fight For You For Free
If youve been denied social security benefits, heres something you need to know. The law firm you choose makes a BIG difference.
In fact, Morgan & Morgan wins more than the national average in recovering social security for clients that were denied. That means that when you hire our lawyers, you have a better chance of recovering than with the average lawyer. And thats a really BIG deal and an absolute fact. to set up a free, no-obligation consultation. Well investigate your claim at no charge, and we get paid only if you win.
How Does The Social Security Administration Define Disabled
The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.
For a complete list of impairments automatically considered disabilities by the Social Security Disability program, visit:
Social Security Disability benefits are based solely on your inability to work. Your injury/illness must be long term, or be expected to keep you from work for at least 1 year.
The Social Security Administration will conduct a continuing disability review on a periodic basis to determine whether the applicant is still eligible for disability benefits. The applicant is notified in writing of the impending review and its requirements. The applicant may be required to undergo a medical examination and may submit other relevant evidence for SSA consideration.
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Benefits For Disabled Children
SSI may be able to help families with children who have severe disabilities if they have minimal income and limited resources. These benefits may be paid regardless of the parents ability to work, and will continue as long as the child is disabled and unable to provide for themselves financially.
A child may be eligible for SSI Disability insurance if they:
What Should Be In A Fee Agreement
An attorney must submit a written fee agreement to Social Security before Social Security issues a favorable decision on the claim. Most lawyers will submit the fee agreement when they take your case.
Social Security has suggestions for the language in the fee agreements, but there are really only two main requirements. First, the amount of the fee cannot be more than the maximum that Social Security allows: the lesser of 25% of backpay or $6,000. For example, if your backpay award is $20,000, your attorney can collect $5,000 . Second, the agreement must be signed by the Social Security claimant and the attorney. If the claimant is a child, a parent should sign for the child. If the claimant is an adult with a guardian, the guardian should sign.
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Ssi Benefits Combined With Other Benefits
Even if you are an SSI recipient, you could be eligible for other benefits offered by the state of Florida or your county. For instance, you may still qualify for Medicaid, food stamps, or other social services. By contacting the local Florida social services department or public welfare office, you can learn more about the benefits available in your area.
Food stamps: If all residents in your household sign up for SSI or currently receive it, the SSA will guide you through the Supplemental Nutrition Assistance Program application. If you live at a residence in which everyone does not sign up for or collect SSI, you are asked to acquire food stamps from the regional food stamp office.
Social Security: If you have worked and paid into Social Security for a significant period of time, you also may be eligible for Social Security benefits, even while you are receiving SSI.
Medicaid: Some people who receive SSI may also have access to Medicaid, a service that provides compensation for medical bills to those who would otherwise be unable to afford payment.
Types Of Disability Claims Administered By The Social Security Administration
SSI For individuals under age 65 who become disabled. Claimants must meet certain poverty requirements before their claim will be considered Benefits are adjusted for income. Individuals eligible for SSI also get Medicaid.
Childrens SSI For families with disabled children that meet certain poverty requirements if they do, a child may receive SSI if he or she is disabled. The test for whether or not a child is disabled is different, and usually harder to meet, than for adults.
DIWC A disability program for adults who have worked enough to have insured status under the Social Security System. For disability, a worker must have worked above a minimum amount of 5 out of the last 10 years . A person does not have to file before their work credits run out, but he or she must be found disabled before the work credits run out. Individuals who are eligible for insured disability benefits get Medicare.
DAC A child of an insured worker can draw benefits if he or she is found disabled before age 22 . The childs parent must have died while insured or become disabled and drawing insured status. A DAC who is drawing benefits will lose them if he or she gets married to someone other than another person drawing insured disability benefits.
SSDC This is not a separate type of claim, but it is the name of the type of claim for an individual worker who is both insured and meets the poverty requirements for SSI.
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Disabilities Covered By Supplemental Security Income
Both children and adults may qualify for SSI. However, in order to qualify, you must have a disability that meets the criteria established by the Social Security Administration:
- You are not making more than $1,260 per month
- Your condition affects your ability to perform work-related activities and has lasted or is expected to last more than one year or result in death
- Your condition either:
- meets the strict criteria of the Social Security Administrations listings of impairments or
- prevents your from performing your past work and from adjusting to other work in the national economy.
Lack Of Medical Evidence
You could be denied disability benefits due to lack of sufficient medical evidence. You would need to show that your illness or impairment will last for no less than 12 months and does not allow you to work. If you have a valid claim, our legal team is ready to gather doctors notes and medical records to support this.
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What About Social Security Disability For Veterans
Disabled veterans can collect SSD as well as veterans disability benefits at the same time. Although both are government programs, they each have different eligibility requirements.
VA benefits are awarded based on a percentage system while SSD benefits are awarded if you can prove that your disability is severe enough and connected to your service. You generally need a VA rating of 70 percent or higher in order to qualify for SSD benefits. The SSA provides an accelerated application process for military service members who became disabled while on active duty on or after October 1, 2001.
Common Social Security Disability Injuries
Federal Social Security laws maintain a strict definition of a disability. According to the Social Security Administration, to receive a disability benefit, you must prove the following:
- You cannot do any substantial work because of your medical condition.
- This condition or conditions has lasted, or is expected to last, at least 1 year, or to result in your death.
The administration assesses the overall ability of the claimant to engage in employment. During this analysis of whether the claimant receives disability benefits, the administration uses a specific set of regulations and listings describing certain conditions or diseases.
- Heart and blood vessel diseases
- Digestive system diseases
- Kidney diseases
- Blood and lymphatic diseases
When applying for disability benefits, the applicable agencies may request applications for disability benefits. This application will require several forms and may entail a face-to-face interview.
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Massachusetts Social Security Lawyer
If you are unable to do any type of work for at least 12 months, you may be entitled to collect SSD benefits. Our experienced Social Security Disability lawyers have been winning these cases for disabled people in MA for over 30 years now. We only charge you if and when we win your case. Contact us for a free case evaluation.
We Take Onappeals Cases
Most attorneys wont take appeals cases, but we often do up to 80 or 90 or more a year. We handle cases where by that time it reached our office, the claims may have had been denied somewhere between 5 and 10 times. Even for cases where another attorney has done some of the work, we often appeal the case. Taking a claim that has been denied and making a federal court or appeals court see why that decision was wrong thats gratifying. Thats a good day. Cliff Farrell
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Is My Family Entitled To My Retirement Benefits
If you are receiving Social Security or retirement benefits, some of your family members may be eligible to also receive retirement benefits. This could include:
- Spouses who are aged 62 or older
- Spouses under the age of 62, who are caring for your child aged 16 or younger
- Spouses under the age of 62 who are caring for your disabled child
- Former spouses aged 62 or older, if they meet specific qualifications
- Disabled children, even if they are over the age of 18 and
- Children up to the age of 18, or up to 19 if they are a full time student not graduated from high school.
Social Security Disability Benefits Claims In New Jersey
If youre unable to work due to a disability, you may be entitled to benefits from the Social Security Administration . There are two types of social security disability benefits offered by the SSA: Social Security Disability Insurance and Supplemental Security Income . Based on your particular situation, you may qualify for one or both types of federal programs, each of which offer benefits in the form of monthly payments.
The process of applying for disability benefits can often be overwhelming, particularly if your initial claim is denied and you need to file an appeal. A skilled disability benefits attorney can help you, from assisting you with the initial application to handling SSA hearings and appeals.
Bross & Frankel was founded by a former Social Security benefits authorizer with a simple goal in mind: to give our clients an edge in fighting for the Social Security benefits that they need. We combine the skills of trial attorneys with the knowledge of disability advocates to help our clients achieve the best possible result.
Learn more about Social Security Benefits in NJ:
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Qualifying For Social Security Disability Insurance
The most difficult part of applying for SSDI benefits is proving your eligibility. If you do not fulfill the SSDI requirements for SSDI benefits, the SSA claims adjusters will deny your application. This will require the need to make an appeal regarding the decision. The SSA will take into account the intensity of your medical issue when reviewing your application.
You may get eligible for SSDI benefits if your medical condition is listed in the SSDI Blue Book. However, even if your condition isnt clearly specified in the Blue Book, you may still be eligible for SSDI benefits. Part of that process entails gathering evidence from experts, such as medical doctors, about the severity of the patients condition.
The claims evaluators will also check if you are currently employed. Your work history will be reviewed to determine if you can perform the work you did before becoming disabled. Depending on your disability, they may also consider if there is any other type of work for which you are still qualified.
How Do I Apply For Social Security Benefits In New Jersey
Filing your SSD or SSI claim can be a challenging and time-consuming process. It involves filling out lengthy forms and gathering information related to your claim, such as:
- Social Security Number
- Proof of citizenship or lawful status
- Records of your work history
- Information on any recent earnings
- Contact information for doctors, therapists, and any hospitals where you have been treated
- Information on the medications you take
- Medical records already in your possession
Once you have gathered this information, you will need to decide how to apply. You can file a claim online, over the phone, or at a local Social Security field office.
No matter how you apply, your application will be initially processed through a local Social Security office and a state of New Jersey agency . These field offices are responsible for verifying non-medical eligibility for benefits if you meet this threshold, your file is sent to the disability determination services agency to determine if you are disabled under SSA standards. After making this determination, the agency returns the case to the field office for final action: denial or approval and payment of benefits.
The application process can be daunting, especially if you are unsure about whether you qualify or what you will need to prove. If you need assistance, contact a NJ Social Security disability benefits attorney for a free claim review.
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