Persons that apply for Social Security benefits often become frustrated when they are denied. They are particularly frustrated when they feel that their relative or friends received benefits so easily while they themselves have been denied.
Persons should be careful to avoid comparing their cases to the cases of others.
All cases are different! Every case has a unique set of facts and evidence.
Different claimants have different kinds and levels of disabilities. It is almost impossible to attempt to compare one case to another.
The decision makers are different! Different fact finders with the Social Security
Administration may view cases differently. They may have a different opinion on credibility or evidence submitted.
Rather than focusing on other cases, more time, money and effort should be utilized to develop and present your own case to the Social Security Administration.
If you have any questions concerning Social Security benefits, you should consult an experienced Social Security attorney. Kent S. DeJean
Yes. You can get both Veteran’s Disability and Social Security Disability Benefits at the same time. They are separate and independent programs. Both have their own eligibility requirements. The receiving of either does not affect the eligibility of receiving the other benefit. So, it is strongly recommended that you apply for both. It is also important to apply for both since it can take a long time before decisions are made regarding your claims for either.
When a person begins receiving Social Security disability benefits, claimants may believe that they don’t need to do anything else. However, the Social Security Administration imposes duties on claimants to keep the Social Security Administration informed and updated on any changes which can affect a claimant’s eligibility for benefits. These changes include:
Changes in work activity such as changes in hours, rate of pay, and jobs;
Changes in your living arrangements such as other adults and children living in the household;
Improvements in your medical or mental condition; and
If you move out of the country.
Make sure that you keep a copy of any written correspondence notifying the Social Security Administration of these changes in case your notification is loss of misplaced.
Should you have any questions about Social Security disability benefits, contact an experienced Social Security disability attorney. Kent S. DeJean
It is not unusual for person’s receiving Social Security benefits to come into money or property by way of inheritance or personal injury settlement or judgment. To determine whether the receipt of this money or property will adversely affect your benefits, you must determine what type of Social Security benefits you are receiving.
There are two types are Social Security benefits: Supplemental Security Income (SSI) benefits and the other is called Social Security Disability (SSDI) benefits.
Social Security Disability benefits are paid to persons that have put in the required number of quarter payments over a specified period of time and is not needs based. A person drawing Social Security Disability benefits has no limits on what property they can own. Therefore, the receipt of an inheritance or personal injury settlement will have no effect on a person receiving Social Security Disability benefits.
On the other hand, Supplemental Security Income benefits is a needs-based program. Claimants are entitled to these benefits only if they do not exceed certain property limits. Therefore, the receipt of an inheritance or personal injury settlement may have an effect on a person receiving Supplemental Security Income benefits.
If you are unsure what kind of benefits you are drawing, you can obtain this information the Social Security Administration in order to take preventive actions to avoid losing eligibility of your Supplemental Security Income benefits.
It is not uncommon for people that have physical or mental disabilities to avoid treatment. When the medical records are reviewed, you will find long time periods where the claimant did not see a doctor for examinations or treatments.
These gaps, in the medical records can cause significant problems in proving a Social Security Disability (SDI) or Supplemental Security Income (SSI) claim. Without ongoing office visits, it will be difficult for a doctor to state whether your condition got better, worse or remained the same. It will be difficult for the Social Security Administration to assess your ongoing disability and determine its severity. It will also be difficult for your treating doctor to assist you in providing an accurate diagnosis, determination of disability and plan for treatment.
Further, your medical treatment may require testing, treatment and therapy. All of these elements can also be used to prove your Social Security Disability case.
If you are seeing a doctor, you should continue to make and attend recommended office medical visits. You should also comply when your doctor prescribes testing, treatment and therapy.
Avoiding treatment can not only adversely affect your health and wellbeing, it can also hurt your claim with the Social Security Administration.
If you have any questions concerning Social Security claims, you should consult an experience Social Security attorney.
One of the biggest things that motivates people to our law firm to engage in estate planning or updating their wills is when they go on an airplane trip. The thoughts to traveling high in the air in a large aircraft scares people into executing wills and powers of attorney. The perception is that flying is very dangerous. However, human perception is sometimes not based in reality.
What is your probability of dying in a commercial airplane crash? According to statistics, you have a one in 3.5 million chance of being involved in a commercial airplane crash where at least one person dies (not necessarily you).
In comparison, statistics show that you have a one in 100,000 chance of dying in an automobile accident. That’s right. You are at least 35 times more likely to die riding in a car accident today than if you got on a commercial aircraft.
So, what is the moral of the story? Instead of waiting to estate plan when you are taking a trip on a plane, you should be much more worried about estate planning today if you are riding in a car. One should not put off estate planning or the execution of powers of attorney. Our health and/or capacity is not guaranteed. Plan today!
If you have any questions about wills, estate planning or powers of attorney, contact an experienced estate planning attorney.
Appeal as soon as possible! You should appeal your denial of benefits as soon as possible. For unfavorable decisions from the local office and the administrative law judge, you have only sixty (60) days to file an appeal.
If you don’t file an appeal within sixty (60) days, your decision will become final and you will not be able to appeal it. Your only other possible option will be to re-apply with the local office.
By not appealing, you could lose significant back payments for Social Security benefits.
You should also appeal right away because the appeal process already takes a long time before you will receive a decision. Every day, week and month that you delay is adding additional time to what is already a slow process.
Appeals sent by mail can be lost and misplaced. I recommend that clients hand deliver their appeal form to the Social Security office. Make sure that the appeal form is stamped with a receipt date and make sure that you have them also stamp the receipt on your own copy. This way if the appeal is lost, you will have proof that you filed your appeal.
You do not have to have an attorney to appeal an unfavorable decision. However, I do recommend that should you obtain an unfavorable decision that you consult with an experienced Social Security attorney. Kent S. DeJean