HUNTSVILLE DISABILITY GUIDE

Veterans who served in any branch of the US armed forces after 1955 are covered by the Social Security disability program and may receive benefits in addition to any VA and/or military disability or retirement benefit. If you became disabled while on active duty, you are quite possibly eligible for up to $2,600 per month in Social Security disability payments.  It does not matter if your disability is not related to your military service.  The disability may be for any reason. It is possible to qualify for benefits while receiving active duty military pay IF you are disabled and cannot perform your military job. My firm helps hundreds of veterans to get Social Security benefits.   Free no-risk consultations and case evaluations Never a fee until you win Pay no fee if you do not receive back payments We front all costs for medical reports and evidence Local firm with a proven track record Experienced advocates Office located adjacent to Redstone Arsenal ...

Besides the obvious impact of becoming unable to work, disability carries significant emotional burdens, as well. Many clients tell me that being disabled makes them feel bad about themselves.  Some tell me that work is what defined them.  Since they can no longer work, they don't seem to have a purpose in life. Since we spend at least 40 hours a week at work, and have done so for years, it is understandable that a sudden inability to work and continue our routines would take an emotional toll.  Of course, there is the added stress of reduced income, difficulty paying the bills...sometimes even little ability to get housing or medical care.  Depression can easily follow.   I'm not a psychologist or professional counselor, so I can't recommend a fix for all these problems.  However, I've seen a lot of clients who have told me a lot of things.  Here are some things that may be useful for individuals who struggle with the emotional affects of dis...

A very high percentage of denied claims for Social Security disability benefits can be won on appeal.  Statistics show that almost one-half of denials can be reversed on appeal and paid, often with past due benefits paid. While you are not required to have a professional representative, having one greatly increases your odds of overturning the denial and receiving a check.  Competent legal counsel may also help you obtain back pay for the illegitimate delay in getting your benefits.  This can often amount to thousands of dollars.  Our firm recently won a Social Security appeal in which the claimant received over $70,000 in back payments. No one can guarantee victory in a Social Security claim or appeal, of course.  But you should give it your best shot.  A representative can help you do so. PHONE (256) 799-0297    www.Get-SS.com  

There are a few changes to Social Security in 2017. The cost of living increase will be 0.3% for persons receiving Social Security checks.  This will amount to about $5 per month for the average beneficiary. The amount of earnings needed to count as one quarter of coverage will increase to $1,300. This primarily affects non-retired, non-disabled persons who are still working. Are you disabled and need to receive a Social Security disability check?  Have you applied for disability but been denied?  You should consider using a professional to represent you and try again.  You may be entitled to benefits, even if you've been denied recently.  It will cost you nothing to try again.  You never pay your representative unless you win and collect past due benefits.  (Representative's fees must be paid out of past due benefits). Almost one-half of all denials are errors which can be reversed and benefits paid (often including back pay). ...

You applied for Social Security disability.  They sent you to a doctor for an examination, then denied your benefits.  Should you assume that Social Security made the correct decision?    No.  You should assume they made a bad decision because they probably did. In more than 40 percent of denials which are appealed, a judge will review the evidence and overturn the denial to award full benefits to the claimant.  In simple terms, Social Security got the first decision wrong. Never assume a denial by Social Security is correct.  Assume it is wrong and can be overturned. What is the biggest mistake you can make after being denied by Social Security?  Failing to appeal the denial within 60 days is the single biggest mistake you can make. What are the risks if I appeal and lose?  There is no risk.   In an appeal, you have everything to win and nothing to lose.  If you do not win the appeal, your legal representati...

Medicare is a very valuable part of getting Social Security disability benefits.  Medicare is government health insurance which pays for in-hospital and out patient healthcare services. Individuals who get approved for Title II Social Security disability benefits automatically qualify for Medicare , subject to a waiting period.  There is a 24 month waiting period, starting with the date your monthly benefits become payable.   For example, if your first benefit is due for the month of January, 2014, you will receive Medicare in January, 2016.  (This is not to be confused with the date your first check arrives; it's the date benefits first became due).  If you were awarded back pay or past due benefits, you could be eligible for Medicare immediately, depending on the onset date of disability. Medicare prevents you from spending your own money for medical care and makes care available to persons who otherwise might not be able to afford care. Med icare has...

When individuals apply for disability, Social Security will often refer them to one of their contract doctors for a consultative examination.  More often than not, the doctor will not find any disabling impairment.  As a result, Social Security will deny benefits. However, the opinions of these doctors are often easily refuted in court and claims that were denied on the basis of their "examinations" may be over turned and approved. Here is what you should know about these superficial consultative exams by Social Security: 1)  The exams are usually brief, superficial and insufficient to determine if you are able to work. 2)  The law requires that more weight be given to the opinions of your own doctor than those of the consultative doctor. 3) A one-time examination is often legally insufficient to form a conclusion about disability. 4)  Social Security's doctor is seldom a specialist, and even if he is, not a specialist in your disabling impairment....

You Must File a Timely Application.  You must apply for Social Security disability benefits within 5 years after you stop working.  Your insured status will expire, making a new claim impossible for an impairment that began later.  If there are gaps in your work history, you may have even less time to file a new claim.  Don't wait too long to file after you stop working. Denials Are Common But Almost Half of Them Can Be Won on Appeal.  Around 70 percent of all disability claims will be denied.  Social Security will tell you that you do not meet their rules to get benefits.  A high percentage of these decisions are made in error and can be reversed and the claim paid with an appeal.  An appeal has a fresh (and better trained) pair of eyes review the evidence in your case .  Often, the new decision is better. You Must Have Enough Quarters of Work.  You become an insured person under the Social Security Act by working and pay...

Social Security disability benefits (Title 2) are not means tested, meaning that a claimant does not have to have limited income or financial resources to receive SSDI benefits.   However, if the claimant has income that looks like he or she is working, the source of that income will be questioned and verified.  Phillip, for example, is a retired partner in a small professional firm. He owns 25 percent of the firm he worked for.  He stopped working in 2015 but, as part-owner, he still receives a share of the profits generated by the firm. Social Security will make sure that Phillip's income is not wages, salary, commissions or other work-related income.  As long as he is doing no work, the income is not a factor in his disability claim.  Working tends to convince Social Security that a person is not disabled (especially if earning at least $1,130 per month, their definition of "substantial gainful activity").  However, income from sources that do n...

You often hear people speak about getting "back pay" or "past due benefits" in Social Security disability claims.  How does this happen ?   Actually, it is very common and happens in two ways, which I will explain: First, you can often be paid all the way back to the date on which you first became disabled.  This date is called the "established onset date."  You may "back date" your claim up to 1 year prior to the application date.  For example, if you file your application on 10/1/16, you may claim disability back to 10/1/15 if you were disabled that far back.  You can also recover your waiting period, which is 5 additional months.  So that makes 17 months possible as retroactive pay , covering a period BEFORE you filed. Second, you can recover payments for waiting in line while Social Security decides your case.  This is payment for months of disability AFTER you filed the ap plication.   For example, if you filed your application o...

Social Security does provide disability benefits for qualifying mental health disorders.  There are 3 ways to win a disability case involving psychological or mental disorders: 1)  Meet a Listing.   Provide medical evidence from your doctor that your mental impairment is of such severity that it meets one of the published Listings in the Social Security regulations.  Most claimants will not meet a Listing but still may qualify for benefits.  Section 12 of the "Bluebook" considers impairments under the following categories: 12.02 organic disorders 1203 Schizophrenic, Paranoid, other Psychotic Disorders 12.04 Affective Disorders 12.05 Intellectual Disorders 12.06 Anxiety Related Disorders 12.07 Somatoform Disorders 12.08 Personality Disorders 12.09 Substance Addiction Disorders (prescribed substances) 12.10 Autistic Disorders 2)  Use a Medical-Vocational Guideline as a framework for a finding of disability.  If you are age 50 or above, the ...

Denials are common with Social Security disability claims.  Denial rates are over 70 percent.  Unfortunately, most people stop trying when they get the denial letter and just give up.  In reality, the denial letter may have just set them up to win their benefits--if they would only follow up. The follow up is to request an in-person hearing.  At the hearing, an administrative law judge, trained in Social Security law, will listen to your testimony, review the medical evidence and make a new decision. "APPEAL FIRS T. ASK QUESTIONS LATER." After a hearing, a large portion of denials become awards (paid approvals).  You will probably get paid a lump sum settlement dating back to the original denial--or even before.  When you get denied....appeal first....ask questions later. Representation by an experienced Social Security disability advocate will give you an advantage.  The representative can speak to the judge on your behalf and make pleadings...