Archive for the ‘Legal’ Category
Social Security becoming more of a Headache than Help
Social Security benefits are designed to supplement your income if you become disabled. You can apply for two types of disability benefits depending on your needs. But even if you follow all the rules and complete every form, you can still receive a denial. You may end up getting more headaches than help.
SSD
You qualify for SSD, or Social Security Disability, if you worked during your life-time and earned income from a place of employment or from self-employment. You must pay into Social Security to receive this benefit. The federal government has specific guidelines regarding the benefit.
Each year you work, you earn up to four credits toward your SS benefits. The Social Security Administration calculates your earned credits by your yearly income. The amount of your disability benefit depends on your age and how long you worked.
If you do not pay or work enough to qualify for SSD, the social security office can deny you. The government can deny you if it feels that you can work at some point in the future, or do not have a condition that affects your ability to work.
SSI
You can apply for your Supplemental Security Income if you become disabled from a medical condition or from serving in the military. If you happen to be a veteran with a disabling injury, you may qualify for benefits from the Veteran’s Administration and the Social Security Administration.
SSI applies to you if your doctor considers you unable to work because of a debilitating medical condition, disease or cancer. The headache arises when you need to prove to the administration that you are disabled and qualify for your benefits. You may spend a great deal of time seeing the administration’s doctors, completing paperwork and calling the Social Security office during the process.
Getting Help
It can take a year or more to receive an answer about your case. If the Social Security Administration does deny your claim, you can obtain help from pro-bono lawyers and advocates who specialize in Social Security claim cases. They can assist you with filing an appeal but you must do so within 60 days of your initial denial.
Your advocates can help you during the appeal hearing. If you still receive a disability denial, make another appeal to the Appeals Council. Keep in mind that the council can uphold the hearing’s decision and refuse this claim as well.
Know Your Rights Regarding Social Security Benefits
Sometimes it seems as if the federal government views every citizen as a criminal or, at the least, someone intent on engaging in fraud. Why else would benefits such as social security disability, which American workers are entitled to collect, be so difficult to obtain? The Social Security Administration almost seems to deny claims out of principle, even though citizens have a right to benefits if they are seriously ill or injured and unable to work.
The most important right that a claimant needs to understand is their right to representation. They do not have to go through this process alone. In fact, hiring a social security disability lawyer can significantly increase their chances of getting their claim approved. A good SSD lawyer will have considerable experience in filing and appealing claims and can ensure that a given claim isn’t dismissed due to minor errors. While some people may chose to have a friend or family member represent them, the SSA has to approve the representative and they will strongly favor licensed attorneys.
The other significant right is the right to appeal the initial denial. This appeal can go through four stages that ends in a federal court hearing. This is where having an experienced lawyer is really an asset. They will handle all the paperwork, meet all the deadlines, and will appear in court as needed. They are familiar with the process and will have gone through it many times before on behalf of other clients.