Category Archives: social security disability

Do I Qualify For Social Security Disability Benefits?

Today’s post comes from guest author Roger Moore from Rehm, Bennett & Moore.

[youtube http://www.youtube.com/watch?v=BCLGoBE1Mks]

In order to qualify for Social Security disability benefits, you have to prove that you have one or more physical and/or mental impairments that are severe and that prevent you from engaging in substantial gainful activity. 

Substantial gainful activity is measured by the amount of money per month that you can earn. 

The Social Security Administration will take into account your educational background, job history, and the skills you have acquired in determining whether or not you meet this standard. The fact that you cannot go back to the job you have done for most of your life does not necessarily mean that you can qualify for Social Security disability payments.  

I am licensed in Nebraska and Iowa and handle workers’ compensation, personal injury, and Social Security disability appeals for the firm. If you have questions about Social Security disability benefits or the appeal process in another state, I can refer you to another expert attorney.

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Now Available Online (and ONLY Online!)

Today we have a guest post from our friend Lauri Watkins at the Causey Law Firm in Washington.

Many people don’t realize that Social Security stopped mailing out annual Statements in 2011, but indeed they did. Citing budget concerns and a little-used ‘emergency’ ruling stating that it’s okay for the Social Security Administration to stop fulfilling one of its legally-mandated functions if doing so could potentially bankrupt the agency or impair its ability to fulfill its primary function, Social Security stopped sending out individual Social Security Statements. In fact, they also ceased fulfilling requests for statements received by mail or telephone, and disabled their online ordering service. The only way you could obtain your Statement was to go down to your local Social Security Office and tell them you had an ‘urgent need’ for the information!

Now, Social Security has (finally!) rolled out online (and IMMEDIATE) access to your Statement, including your earnings history, estimated benefit amounts, and eligibility information. And fortunately, they have made it incredibly easy!

All you need is:

  • your own personal information (full name, Social Security number, date of birth, mailing address, phone number)
  • and working email address.

Start at Social Security’s website. On the left-hand menu, go to ‘Get Your Social Security Statement Online’, and follow the prompts. Social Security uses a program called Experian to verify your personal data, so be prepared to answer some interesting multiple-choice questions, including

  • phone numbers and addresses that you may have used in the past,
  • dates that you opened specific credit accounts,
  • or where you send your mortgage payment.

You can also choose an added layer of security, by asking Social Security to send a text message to your mobile device anytime you log in to your account.

Note, however, you are actually setting up a ‘my Social Security’ account – – the same type of account that people RECEIVING benefits have – – not just accessing a Statement. Please be prepared to keep track of your login information, as you not only may need to access your Statement again over the years as new earnings are posted, but you may also one day need this account to set up your own Medicare, Retirement, or Disability benefits. Keep this login information in a safe and secure location, and do not share it with others to maintain your security.

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What Young Workers Need To Know About Their Social Security Benefits

teenage workerToday’s post comes to us from our colleage Ryan Benharris of Massachusetts.

According to a recent article published in the Palm Beach News Post, approximately one in four workers under the age of thirty will become disabled before reaching their full retirement age of 67. What many workers do not realize is that Social Security will pay benefits if you become incapable of performing any substantial gainful activity.

It is astounding that 25% of the population will likely suffer a work ending disability. In a poor economy with job availability flailing and gas prices rising, it is becoming increasingly more important to know your rights to protect yourself and your family if you become unable to work. It is truly a shame that many individuals do not know that they may be eligible for benefits that could provide them with income and medical treatment that they may otherwise not have.

25% of the population will likely suffer a work ending disability

The easiest way to stay informed about your rights is to keep meticulous files of anything you receive from Social Security. Each year, the Social Security Administration sends all American citizens a breakdown of their potential benefits in the system; including a detailed list of your previous year’s earnings. This breakdown specifically outlines Continue reading →

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I Can’t Find Work – Does That Mean I’m Disabled?

Having physical or mental impairment will not automatically make you entitled to Social Security Disability benefits.

Today we have a guest post from our colleague Roger Moore of Nebraska.

Many people believe that if they suffer from a physical and/or mental impairment and can’t find work, this means they should be on Social Security Disability.  This simply isn’t true.

 Disability is not necessarily tied to your ability to obtain work, or your inability to perform one main occupation.  The Social Security Administration (SSA) will review your employability not just in your immediate locality, but also in the state and region in which you live.

While only employment opportunities in your immediate areas are considered for workers’ compensation, the same is not true for social security disability. If you are unable to find work in your immediate area, the SSA requires you to move to a locality where a job exists.  Note that the SSA’s responsibility doesn’t include having to find you employment, but only to establish that you are physically and mentally capable of performing that job if a position became available.

Additionally, your inability to perform the work you’ve done for years or decades does not automatically qualify you for disability.  The SSA will consider skills you’ve acquired from your work life in determining whether those skills allow you to “transfer” to or perform other occupations.  It’s important to also remember that the SSA isn’t really concerned with how much those other occupations may pay.  If you can work full-time in a position that is available in your state and region, this will normally disqualify you from receiving disability.

The conditions which the SSA imposes upon a claimant are unfortunately, not always feasible or fair. Nevertheless, as it is the current state of the law, compliance is required.

 

 

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Employers Must Obtain And Maintain Workers’ Compensation Insurance Coverage

Your employer is required by law to have workers' compensation insurance for you.

Today’s post comes to us from our colleague Todd Bennett of Nebraska.

Every employer not in agriculture, farm or ranch operations is required to obtain and maintain workers’ compensation coverage for all employees. Those employers who voluntarily and willfully fail to obtain and maintain coverage violate the law and subject themselves to significant risks.

If you are an employee who is injured in the course of your employment and you learn that your employer has not maintained workers’ compensation coverage for you, you can either file a claim against the employer in civil court or file a claim in the Workers’ Compensation Court.

Employers who try to avoid their legal obligations and avoid providing workers’ compensation coverage expose themselves to monetary judgments in civil court, stop-work orders from the Attorney General’s office, injunctions from continuing to operate their business, assessments against their property, daily penalties of Continue reading →

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New Social Security Disability Rules Make Presenting Your Case Tougher

Today’s post comes to us from our colleague Ryan Benharris of Fall River, Massachusetts.

In December, 2010, the Social Security Administration (SSA) implemented a set of rules put in place to enable more effective case review. One of the major changes was that Applicants will no longer know who their Administrative Law Judge is prior to their scheduled hearing.

A recent article in the Wall Street Journal (WSJ) noted that these judges seem more concerned with the speed of case processing than on whether the applicants actually deserve benefits. The WSJ also indicated that some judges were approving more than 85% of the cases they heard in what was allegedly an effort to have the cases resolved more quickly.

Unfortunately, for applicants, this change in practice has made their cases much harder to litigate. Many Administrative Law Judges have different styles of practice in how their cases are heard. An attorney may present information in a different style depending on the judge.

The importance of an applicant being represented by an attorney before the Social Security Administration has never been clearer. Since there is no way to know who the Administrative Law Judge is prior to the hearing, it is absolutely imperative that every case prepared in accordance to all rules governing how cases are tried before the court. If even the slightest detail is overlooked, it may prevent an applicant from being allowed to present evidence that could win his or her case.

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Monday Workers’ Compensation Q&A: I am already getting Social Security and a Pension…

QUESTION: IF I AM GETTING SOCIAL SECURITY DISABILITY (SSD) AS WELL AS A PENSION DOES THAT MEAN I CANNOT GET WORKERS’ COMPENSATION AS WELL?

ANSWER: YOU CAN GET STILL GET WORKERS’ COMPENSATION WHEN YOU ARE RECEIVING A PENSION AND SSD.

At 55, Joe was a walking museum of every accident he had ever had in his 30 years of working the job. That last accident put him out of work for almost two years. Luckily, he filed all the paperwork, submitted all the forms, crossed all his ‘Ts’ and received Social Security Disability (SSD). But after three decades of hard work, Joe had had enough and so he started the paperwork to retire. But he was worried. He had planned on applying for Workers’ Compensation, but he wasn’t sure he’d could since he was already on SSD and about to receive his pension. What should he do?

File, Joe! File!!

The combination of Workers’ Compensation, Social Security Disability and a pension is called the Trifecta, a Triple Crown of benefits, so to speak. Continue reading →

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Important Changes Are Coming to Social Security in 2012

Changes to Social Security are coming in 2012. Beginning in the new year, the threshold (maximum amount) a disabled, non-blind, person can make per month to qualify for Social Security Disability benefits will increase from $1,000 per month to $1,010 per month. This cap is how the Social Security Administration defines Substantial Gainful Activity.

One quarter of coverage is now $1,130, up from $1,120, and maximum taxable earnings have increased from $106,800 to $110,100.

Supplemental Security Income (SSI) will go up from $674 per month to $698 per month,  in step with the general 3.6% cost of living increase for all benefits. This amount does not include any State Supplement.

For the complete report on 2012 Social Security Changes, check out this Fact Sheet.

If you are wondering what the implications of these changes will be for you, learn more at SocialSecurity.gov, or contact your attorney.

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