Getting your Social Security Benefits Claim Approved
Posted by admin on Nov 19, 2008
Q: Is it possible to receive partial Social Security benefits for a partial disability?
A: There aren’t many short, simple answers when it comes to Social Security benefits. But this question has one; and that answer is “no.” Though some other federal and state programs offer benefits to the partially disabled, social security benefits do not. According to the SSA, an applicant either has a qualifying disability, or he or she does not. With Social Security benefits, you are either disabled or you are not disabled, and therefore either approved or denied.
Q: My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?
A: Even if a doctor cannot treat your disability, seeing a medical professional is a very important part of having your Social Security benefits claim approved. Why is this? Because one of the most important parts of proving that you have a disability (and should receive Social Security benefits) is documentation. For proof of your disability, the SSA will thoroughly explore your medical records. If there is little or no medical documentation of your disability, there is an overwhelming chance that your Social Security benefits claim will be denied.
When applying for Social Security benefits, the SSA considers it your own responsibility to document and track the progress of your disability. If you are applying or plan to apply for Social Security benefits, it is very important to regularly see a doctor; even if you’re not receiving treatment. Be sure your doctor keeps track of your symptoms to give the SSA a thorough history of your disability. The more documentation and evidence you have for your disability, the better your chances of getting social security benefits.
Q: I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for Social Security benefits?
A: In this case, yes, you can apply for social security benefits. But your claim may not necessarily be approved. When calculating a claimant’s eligibility for Social Security benefits, one of the most important questions they will ask is whether or not your disability allows you to do the work you did previously. If you cannot do that same work, they will then try to determine whether or not you can make a substantial income in another type of position. If you work, your eligibility for social security benefits will depend on the kind of work you do and how much money you make doing it.
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You can find your local office by calling 1 800 772 1213 or going online to the Social Security Administration website.
Q: “Why don’t I qualify for SSD when I worked the majority of my life?”
A: This is a situation that is different for every person. When you pay into Social Security it is almost like when you pay for health coverage. Insurance benefits will end after a certain time has elapsed since you last paid. It works the same way with Social Security.
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This means that you acknowledge that you received an overpayment, but cannot pay the amount back. A social security lawyer or advocate will likely suggest this if the overpayment wasn’t your fault. If, however, you believe that the overpayment was your responsibility, you can set up a payment arrangement with the SSA. Social Security will generally allow you to make repayment in installations. Speak to a social security lawyer for details.
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05 10003) stipulates the cut off amount for the present year and this amount changes from year to year depending upon the economic conditions. There is no provision for partial disability under the Social Security Act. In case a person is unable to perform a previously held job, the administration looks for an equitable alternative for the person. It evaluates the person’s medical condition, age, education, past work experience and any skills that may fit another role. Should such efforts prove fruitless, and the agency is unable to provide the person with an alternative to earn his livelihood, the status of the employee as disabled would still be considered by the agency.
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In truth, the SSA has no rule in place that directs them to deny all first claims. That said, it is true that many first applications are denied, and that approvals tend to result from the appeals process.
Of all social security disability claims, about 70% are denied the first time they apply. Unfortunately, many of those who are denied do not have a full understanding of what they should do in order to be approved next time they apply. In order to reduce your chances of being denied more than once, it is important to have a through understanding of the social security disability appeals process.
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Social security regulations are labyrinthine, and working out which social security benefits you are allowed to receive can be challenging. To help you, here are some answers to common questions about disability benefits received through Social Security.
There are no partial disability social security benefits, since SSA is designed only for people who are completely disabled and who have been (or are expected to be) disabled for at least a year. If you wish to file for partial disability, you will need to do so through a state or local program. You will still be able to receive state and local disability benefits if SSA denies your application because you are not completely disabled.
The following primer will help you decipher basic rules and guidelines for applying.
In order to qualify for social security benefits, you will need 40 credits, which equates to ten years of work. Your social security benefits are based on your earnings over the course of your life, and the more you earn, the more benefits you will be entitled to. You can retire and apply for social security benefits as early as age 62. However, keep in mind that the earlier you apply for your social security, the less benefits you will receive.
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Most people utilize Social Security for retirement benefits that they can take advantage of when they reach retirement age. However, there is also a certain portion of your Social Security tax that can be used for a disability plan. Federal law states that in the event of an injury or some type of illness or disease that effectively hinders your ability to work, you can claim some Social Security benefits even though you have not reached retirement age yet. These disability benefits are designed to give you a source of income when you are not able to work.
Disability is defined by the Social Security Act as the inability to engage in any income generating activity because of a physical or mental condition that can either result in death or will last for a period of not less than 12 months.
Do you qualify for social security benefits? The regulations can be labyrinthine, and trying to puzzle them out can be an exercise in frustration. These frequently asked questions will clarify which disability benefits you are eligible for, and how far your benefits will stretch.
Does SSA offer partial disability benefits?
No, you cannot qualify for disability benefits through Social Security if your disability is partial or short term. Only people whose disability is considered complete and is expected to last more than one year are eligible for social security benefits. (Note that if you qualify for disability benefits, you may hold down a job as long as your maximum possible income is beneath a level determined by SSA.
If you do apply for survivor’s benefits, you will generally receive full benefits if you are at full retirement age or older at the date of application (or over 50 and disabled). If you are not disabled, you can get anywhere from 71 to 99 percent of your spouse’s benefits before you reach retirement, as long as you are 60 years old or older.
Q: I currently get my benefits from social security disability, but I want to switch to social security retirement.
A: In most cases, a person currently receiving social security disability benefits will automatically receive retirement benefits when they reach full retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer.
The Social Security Act defines disability as either a physical or mental condition that prevents the sufferer from engaging in any activity that generates income, and that can either result in his or her death or last for 12 months or more. Many people seem to be confused about when they can apply for Social Security disability benefits and when they can begin collecting payments. What you should realize is that it is important that you file for disability as early as you can, even on the day that you are disabled if possible. This is because the process can take a lot longer than anticipated, and waiting too long before you apply may mean delaying your benefits even longer, as well as risking the chance of lost benefits. Keep in mind that even with the help of an experienced Social Security lawyer, the claim process can still take a long time.
Q: I have a business under my name but my spouse runs it. Can I have still apply for social security benefits?
A: The SSA defines the word disability as being unable to complete any substantial activity that will earn you a living. They determine substantial gainful activity according to the National Average Wage Index, which gives a dollar amount per month. They consider a person to be working any day that he or she “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it. ”
Your business income may affect your social security benefits.
Upon the processing of your application, the Social Security office will then determine if you are eligible for the Medicare program.
What does it mean if you are short one credit for disability insurance?
One of the requirements for being eligible for Social Security Disability Insurance benefits is that you should have received a certain number of credits for the work you have done during a specific period and you should have earned a specified amount during the ten years prior to your disability. Credits are earned every quarter of the calendar year. The Social Security Administration requires applicants to earn a specific amount in the course of a quarter. To be eligible for Social Security Disability Insurance, applicants need to have credits equivalent to at least 20 quarters or 5 years’ worth, over the past 40 quarters or the ten years previous to becoming disabled.
• Service - To be eligible for non-service-connected pensions, you must have 90 days of active duty and at least one day in a “period of war. ” However, for a veteran who entered military service after 1980, the service requirement is simply to have completed a full period of active duty. Specifically, a veteran who was enrolled for the fist time after (or on) Sept. 8, 1980 will need to have completed a minimum service period, which should amount to either twenty-four continuous months of active duty or the entire period that individual was called for to active duty. In addition, the active service of the eligible veteran needs to include 90 total days during a period of war or one day of service during a period of war which ended in discharge due to a service-connected disability.
For instance, the disability benefits are available for workers unable to continue their existing jobs, once they cross a required duration at work (calculated as credits). To address the differing requirements of different sections of the society, the Social security administration pays the social security benefits through two different programs; the Social Security disability insurance program and the Supplemental Security Income (SSI) program.
The main criteria for availing social security benefits is that the person claiming the benefit is unable to work or has to stop working due to a medical condition that may last up to an year or result in death. If an individual is employed with average monthly earnings exceeding a certain amount as decided by the administration, then the person will not be considered as disabled. The amount changes each year and can be accessed from the administration’s Update (Publication No.
Q: Is it possible to receive partial Social Security benefits for a partial disability?
A: There aren’t many short, simple answers when it comes to Social Security benefits. But in this case, the answer is a simple “no. ” Though some other federal and state programs offer benefits to the partially disabled, social security benefits do not. As far as the Social Security Administration is concerned, a person is either disabled or he or she is not. With Social Security benefits, you are either disabled or you are not disabled, and therefore either approved or denied.
A competent social security lawyer can make it easier for you to avail of such benefits, which are often granted depending on your qualifying points. A social security lawyer can help you with the different types of Social Security Disability benefits available and help you decide which one is the most appropriate to your situation. A social security lawyer will even be able to guide you through the qualification process.
There are actually a few disability benefits offered by the Social Security system. The rules for each one can be quite complicated, which is why hiring a social security lawyer can be helpful.
Q: As somebody who is legally blind, am I eligible for social security?
A: According to Social Security, “legally blind” means your vision cannot be corrected to more than 20/200. And like other disabilities, those who are legally blind may be eligible for social security disability. While you may want to speak with a social security lawyer about your specific case, in general you can look over the guidelines for eligibility under any other disability to determine whether you may be eligible.
In most ways, blindness is treated by the SSA like any disability. But some special benefits are set aside for the legally blind, as this condition is particularly disabling.
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Sadly, though, the rules that go into determining how many credits you have and need for the last ten years of work makes meeting your credit requirements rather difficult. A social security lawyer will tell you that this often happens when an applicant simply hasn’t worked enough. Unfortuantely, though, it can also happen when you’ve waited too long to apply for SSD, or when a judge has decided to change your disability’s official onset date. If this happens, your first step should be to consult a social security lawyer or advocate to find out your options.
Q: Can I work while I have a claim pending?
A: Your social security lawyer will describe disability that is eligible for benefits as any that keeps you from earning a substantial income.
Say nothing else. Then, when you get in to see the doctor, you can provide details about your condition and concerns. Often (though not always), once you get in to see a doctor, the county clinic will send you to any necessary specialists and agree to pay.
The Vocational Rehabilitation Program, is a state funded program designed to help people be trained to do some type of work. However, before sending you off for training, this program will check your medical history and have you checked out by doctors associated with the program.
Q: Can my children obtain SS benefits under my account if they do not live at home with me?
If your children do not live with you, their ability to obtain benefits will depend on the specific relationship you share with them. In order to be eligible for social security benefits, your child must depend on you financially. A child is automatically considered financially dependent on you, regardless of where he or she resides, in the following cases:
• He or she is your legitimate child
• The child is your legally adopted child
• The child is your natural, recognized, but unlegitimized child, and either a court has made a determination of support, or you regularly contribute financially to support the child.
If you have a recognized, illegitimate child who does not reside in your home, and for whom a judge has not made an official determination of support, you can give evidence of that child’s financial dependence upon you by providing:
• Paperwork showing that your child is qualifies as your dependant in other state and federal programs
• Previous tax returns in which you claimed the child as a dependent
• Records that you made periodic payments for the child
• Other evidence of the child’s dependence
Financial dependability (and eligibility for social security benefits) of a stepchild, on the other hand, will only determined when that child lives with you and shares with you a parent and child relationship. As a guideline, your husband or wife’s legitimate child, adopted child, or illegitimate child will be considered your step child.
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While it is possible for somebody who is not yet 50 years of age to obtain Social Security disability benefits, it is quite a bit more complicated than for somebody who is over 50 years of age. For those that are younger than 50, obtaining disability benefits is dependant on their ability to prove that there is no work they are currently able to do. For somebody over 50, on the other hand, the only proof they need to provide is that they are no longer able to have the same vocation they did during the last fifteen years.
Those people who do not have medical insurance of their own can visit Social Security doctors for evaluation. Their doctors are not there to help you but to evaluate your case in a quick and methodical fashion.
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If any of the above things happen to you and you do not know what your next step should be, it is time to ask. Contact a local professional for a free consultation and just because one attorney does not want to take your case doesn’t mean that another attorney wont. There are attorneys that handle SSI but not SSD and there are attorneys that handle all types of situations with social security benefits. If you do not know how to find a Social Security lawyer or who you should speak to first, there is a referral agency for lawyers who work with Social Security cases.
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Would I still be eligible to receive Social Security benefits?
A: The SSA defines the word disability as being unable to complete any substantial activity that will earn you a living. What is considered “substantial gainful activity” comes from the National Wage Index, which averages monthly wages across the board. They consider a person to be working any day that he or she “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it. ”
The money your business makes may have an effect on your social security disability. If that income goes over the predetermined substantial gainful activity (SGA) level, the SSA may consider it a substantial income.
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But before they send you to work, they will look at your existing medical records from previous medical providers and they will also send you to their doctors. And if they feel it is needed, vocational programs may pay for visits to specialists and physicians, medicine, or even surgery on your behalf. At the end, they will make a determination as to whether they feel you can or cannot work. If they feel you cannot work due to your severe limitations, they will issue a decision stating so and refer you to apply for disability benefits through SS. Having this happen can be really boost your Social Security disability claim, as a government vocational program has already determined you to be unfit to work.
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You have only “paid” so much money into you Social Security account. It is similar to if you had a regular bank account that you withdrew monthly funds from, there is only so much money in that bank account and no more is being added because you are not working.
Q: “I was on SSD and then I went go jail, why am I not getting my benefits anymore?”
A: When you are in jail or prison, you are a ward of the state and the state is paying for your food, clothes, and necessities. Because of this the Social Security Benefits are stopped and when you are released you often have to reapply for benefits. In this situation it may be a good idea to contact an attorney or professional that is familiar with this type of situation.
If a consultative exam is requested, make sure you do it. Contact your case manager if you need to cancel or postpone an appointment. A decision cannot be made regarding your claim, if the representative handling your application does not have thorough or updated information about your injury. Always confirm that your case manager has updated information regarding your address and phone numbers. And respond to any requests regarding your case.
You may be required to meet with an SSA representative, in which case it is a good idea to bring a social security lawyer or advocate with you.
If you do not believe that the SSA made a mistake when they calculated your overpayment, you can ask them to waive the overpayment. When you request a payment waiver, you acknowledge that you were given too much money, but would like to be exempt from paying it back. Your social security lawyer will probably suggest this course if the overpayment was due to a mistake made by the SSA.
If, on the other hand, you believe that you were overpaid due to your own mistake, you will probably need to pay the money back.
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If you are not yet at full retirement age, $1 in benefits is deducted for every $2 you earn above the annual limit. In the year that you will reach your full retirement age, $1 in benefits is deducted for every $3 you earn above the annual limit. When you reach full retirement, you are allowed to work as much as you would like with no reduction in benefits. To receive your social security benefits, you will need to apply either online or at your local SSA office two to three months before your projected retirement date. The Social Security Administration recommends that you visit your local SSA office at least year before, though, to discuss how applying for benefits will affect you financially.
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Social security benefits come under various types depending upon the category of the respondent’s requirement. Benefits may be payable to persons who have attained the stated pension age, or may be sick pay benefits to employees who are unable to work owing to chronic illnesses. There are several other classes of social security benefits, which certain sections may be eligible to receive. Workers unable to continue their present jobs on once they have worked for a stipulated duration can still receive disability benefits. To address the differing requirements of different sections of the society, the Social security administration pays the social security benefits through two different programs; the Social Security disability insurance program and the Supplemental Security Income (SSI) program.
Q: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?
A: You have probably heard comments and complaints from many social security disability applicants that their claims are constantly denied; but in reality, not all first applications are rejected. The Social Security Administration has no policy or regulation stating that all first applicants should be denied. One the other hand, it is also true that first claims are denied quite often, and that the highest success rate with social security disability claims is in appeals, not on first application.
Nationwide, 70% or so of social security disability claimants are denied on their first application.
The number one thing you can do is to make sure you have a physician who is on your side. The statement from your physician regarding how your condition affects your ability to work is extremely important. One of the big causes of delays for a decision on a case is incomplete or lack of medical information. Assure that you have submitted thorough and current copies of all your medical data. Do so again when having your case reconsidered or requesting to have it heard before an administrative judge.
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Your social security lawyer or advocate will suggest you talk to Social Security about a payment schedule. With a schedule, you can pay bit by bit instead of all at once. Don’t know whether to choose the first, second, or third option? Speak to a social security lawyer.
Q: Is somebody who is legally blind eligible for Social Security Disability?
A: The SSA defines “legally blind” as vision that can’t be corrected to better than 20/200 in at least one eye. And like other disabilities, those who are legally blind may be eligible for social security disability.
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