tag:blogger.com,1999:blog-39363535964985402742024-03-12T18:15:07.868-07:00New Jersey Social Security Disability LawDeclan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.comBlogger69125tag:blogger.com,1999:blog-3936353596498540274.post-37487291991750921892012-10-23T18:14:00.002-07:002012-10-23T18:15:11.219-07:00There Will Be No More UpdatesThank you for visiting the <a href="http://njlawyer.blogspot.com//">New Jersey Social Security Disability Law Blog</a>.<br />
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<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEijCx-mY6wks82QVzrbOZehNv0rYx1kWEJx9NL22rVpRHNzYDUIU9gDREU2Lk_5rzbBdq0JBdPIiETd9F6AJ71IPjMLoZ5b79eigIZTGb_WY62BJNprtqy19XwN24H5kFXuYa7iiJVWe2M/s1600/SSD+SSI+33+questions+book+cover+4.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEijCx-mY6wks82QVzrbOZehNv0rYx1kWEJx9NL22rVpRHNzYDUIU9gDREU2Lk_5rzbBdq0JBdPIiETd9F6AJ71IPjMLoZ5b79eigIZTGb_WY62BJNprtqy19XwN24H5kFXuYa7iiJVWe2M/s320/SSD+SSI+33+questions+book+cover+4.jpg" width="240" /></a></div>
This will be the last blog post as I no longer will be practicing Social Security Disability law.<br />
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I will leave the blog up because I think there is a lot of valuable information on here for anyone who is currently applying for either Social Security Disability and/or Supplemental Security Income. <br />
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As I <a href="http://ssdlaw.blogspot.com/2012/09/my-ebook-now-available-for-kindle-via.html">wrote about previously</a>, in addition to the information available on this blog I published an eBook that is available on Amazon. It is designed for the Kindle, but even if you do not have the Kindle you can read the book online using Amazon's software. The eBook is titled "<u>Applying for Social Security Disability (SSD) Benefits or
Supplemental Security Income (SSI)? 33 Commonly Asked Questions
Answered.</u>"<br />
<br />
The book provides very detailed answers to 33 commonly
asked questions related to the SSD and SSI processes by an experienced disability lawyer. <br />
<br />
The eBook is available <a href="http://www.amazon.com/gp/product/B009AKVQCM/ref=as_li_ss_tl?ie=UTF8&camp=1789&creative=390957&creativeASIN=B009AKVQCM&linkCode=as2&tag=ebotiquecom-20" target="_blank">via Amazon</a> for the next 24 hours or so for <span style="color: red;"><u><b>free</b></u></span> if you are interested during a special promotion. Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-68602591790097609422012-09-17T06:42:00.000-07:002012-09-25T20:30:49.215-07:00My eBook Now Available For Kindle via Amazon<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: right; margin-left: 1em; text-align: right;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEijCx-mY6wks82QVzrbOZehNv0rYx1kWEJx9NL22rVpRHNzYDUIU9gDREU2Lk_5rzbBdq0JBdPIiETd9F6AJ71IPjMLoZ5b79eigIZTGb_WY62BJNprtqy19XwN24H5kFXuYa7iiJVWe2M/s1600/SSD+SSI+33+questions+book+cover+4.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEijCx-mY6wks82QVzrbOZehNv0rYx1kWEJx9NL22rVpRHNzYDUIU9gDREU2Lk_5rzbBdq0JBdPIiETd9F6AJ71IPjMLoZ5b79eigIZTGb_WY62BJNprtqy19XwN24H5kFXuYa7iiJVWe2M/s320/SSD+SSI+33+questions+book+cover+4.jpg" width="240" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;"><a href="http://www.amazon.com/gp/product/B009AKVQCM/ref=as_li_ss_tl?ie=UTF8&camp=1789&creative=390957&creativeASIN=B009AKVQCM&linkCode=as2&tag=ebotiquecom-20" target="_blank">Buy The eBook</a></td></tr></tbody></table>I published an eBook through <a href="http://www.amazon.com/gp/product/B007OZNZG0/ref=as_li_ss_tl?ie=UTF8&camp=1789&creative=390957&creativeASIN=B007OZNZG0&linkCode=as2&tag=ebotiquecom-20" target="_blank">Amazon</a> titled "Applying for Social Security Disability (SSD) Benefits or Supplemental Security Income (SSI)? 33 Commonly Asked Questions Answered."<br /><br />A long title, but it leaves no doubt for the reader what the book is about.<br /><br />If you have a <a href="http://www.amazon.com/gp/product/B007OZNZG0/ref=as_li_ss_tl?ie=UTF8&camp=1789&creative=390957&creativeASIN=B007OZNZG0&linkCode=as2&tag=ebotiquecom-20" target="_blank">Kindle</a> then you can get the book at <a href="http://www.amazon.com/gp/product/B009AKVQCM/ref=as_li_ss_tl?ie=UTF8&camp=1789&creative=390957&creativeASIN=B009AKVQCM&linkCode=as2&tag=ebotiquecom-20" target="_blank">this link</a>. You can get a free sample of the book to see if you are interested and if you find that it may be useful, it's available for only $4.95. <i>Can't beat that price!</i><br /><br /><b>About The Book:</b><br /><br />Have you applied for or are considering applying for either <a href="http://ssdlaw.blogspot.com/search/label/SSD" target="">Social Security Disability Benefits</a> (SSD) or <a href="http://ssdlaw.blogspot.com/search/label/SSI" target="">Supplemental Security Income</a> (SSI)? If so, then you likely have many questions that need answering. This book provides very detailed answers to 33 commonly asked questions related to the SSD and SSI processes by an experienced disability lawyer. <br /><br />The following questions are answered in detail:<br /><br />1. What Social Security Disability Benefits Are There?<br />2. What Is The Difference Between SSD And SSI?<br />3. What Is Social Security's Definition Of Disability?<br />4. What Is Substantial Gainful Activity?<br />5. What Is The Five Step Sequential Evaluation Process?<br />6. What Can A Social Security Attorney Do For Me?<br />7. What Is Sheltered Work?<br />8. How Far Back Can I Receive Back Payment?<br />9. What Does Date Last Insured Mean?<br />10. How Do I Find Out My Date Last Insured?<br />11. How Long Does It Take To Receive A Decision?<br />12. Are There Any Disabilities That Social Security Awards Benefits Faster To?<br />13. If I Don't Have Enough Work History Credits, Can I Still Get Benefits?<br />14. I Have A Private Long Term Disability Policy, Should I Also Apply for Social Security Disability?<br />15. How Important Are Medical Records When Applying For Social Security Disability?<br />16. What Is Reconsideration?<br />17. Do I Have To Pay Taxes On Social Security Disability Benefits?<br />18. I Was Recently Awarded SSD, When Do I Get Medicare?<br />19. I Was Recently Awarded SSI, Do I Get Medicare or Medicaid?<br />20. How Long Are Doctors Or Hospitals Required To Keep My Medical Records?<br />21. Social Security Sent Me A Direct Express Card, What Is It?<br />22. What Is A Common Mistake Claimants Make That Is Easily Fixed?<br />23. Where Is My Local Social Security Office?<br />24. I Received Mail From Social Security, What Should I Do?<br />25. Can I Receive SSI If I Leave The United States?<br />26. I Worked On The Books, Why Does Social Security Say I Don't Have Enough Work History Credits?<br />27. My Doctor Is Not Willing To Cooperate With Social Security or My Lawyer, What Should I Do?<br />28. I'm A Veteran and Receiving Veterans' Benefits, Do I Also Get Medicare If I'm Disabled?<br />29. My Doctor Says I Am Disabled, Why Did Social Security Deny Me?<br />30. What Happens At The Social Security Disability Hearing?<br />31. If I Inherit Money Will That Affect My Social Security Disability Benefits?<br />32. Can I Apply For Both Early Retirement And Disability Benefits At The Same Time?<br />33. What Questions Does The Judge Ask At The Social Security Hearing?Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-58292582345588071692012-09-10T06:45:00.000-07:002012-09-25T20:30:49.213-07:00How Facebook, Twitter & Social Media Can Affect Your Social Security Disability ApplicationAdministrative Law Judges are<a href="http://socsecnews.blogspot.com/2012/05/aljs-forbidden-to-search-online-for.html" target="_blank"> not allowed to google the name of clients</a> and find out information about them. But, just because they are not allowed to do it, doesn't mean that they don't do it. Maybe that's just the cynic in me. But, I don't assume that just because it's been banned that <a href="http://ssdlaw.blogspot.com/search/label/ALJs">Social Security judges</a> and disability examiners that work for Social Security don't ever use the internet to look up a claimant's name.<br /><br />This <a href="http://delawaredisability.com/2012/03/social-security-disability-facebook/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+LinarducciButlerSSA+%28Linarducci+%26+Butler%2C+Social+Security+Disability+Blog%29" target="_blank">Delaware Disability law firm</a> has some useful advice:<br /><blockquote class="tr_bq">What I suggest that you do if you are applying for<a href="http://ssdlaw.blogspot.com/search/label/SSD"> Social Security Disability</a> or <a href="http://ssdlaw.blogspot.com/search/label/SSI">Supplemental Security Income</a> payments is do a Google search for yourself and know what is viewable if you aren’t logged into any websites. If you are not sure if information you have posted would be viewed negative, then you probably should not have it publicly available. After you have deleted (or made private) anything you think could be viewed negative, ask a family member or close friend to view your public page to determine if they think anything is still negative. Even consider removing information from your private page that could be viewed negative. You would be shocked how often friends or family report possible fraud in disability claims because of things they see or hear.</blockquote>Just because you are applying for disability doesn't mean you have to live like a hermit or that you have to be miserable 24/7. But, it's all about perspective. You don't want to somehow give someone the wrong impression based on a comment or picture you post on a social media website. Especially if that person is responsible for deciding whether or not you get disability benefits.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-84095375854394113582012-09-08T06:30:00.000-07:002012-09-25T20:30:49.216-07:00Social Security Makes $24,000 MistakeA Buffalo woman has an interesting story about a mistake with her Social Security disability monthly benefits. According to <a href="http://www.wivb.com/dpp/news/local/social-security-makes-24000-mistake" target="_blank">WIVB.com</a>:<br /><blockquote class="tr_bq">Cheryl Smeal's monthly disability benefit is about $400. So when Social Security sent a letter saying her next month's benefit would be more than $24,000... it got her attention. So did another letter she received the same day, saying it was a mistake.<br /><br />"I'm like, 'Oh my God! I've got some moolah coming to me and things will be a little bit better.' But I opened the next letter and it said that, 'we overpaid you $24,760,'" Smeal recalled. </blockquote><blockquote class="tr_bq">And the correspondence says Smeal would have to pay the money back. But the money is electronically transferred to her government debit card and Social Security won't take it back.</blockquote>It's important to always pay attention to how much Social Security has sent you and compare that to what you are supposed to be receiving. In this instance it was obvious with the huge amount of money involved that it was a mistake. However, there are times when the mistakes are much smaller amounts of money but over a period of months the money can add up. If Social Security notices the error, which they likely will, they will be asking to be reimbursed for the overpayment.<br /><br />Trust me, it's better to let Social Security know as soon as you are aware that there's a mistake. If they pay you $100 per month more than you are supposed to get and they don't notice for three years, you're going to owe them $3,600. That's a headache you'll want to avoid if at all possible.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-54058402032582494832012-09-04T10:45:00.000-07:002012-09-25T20:30:49.210-07:00What Questions Does The Judge Ask At The Social Security Hearing?Chances are that if you are reading this, you currently are waiting for your hearing in front of an Administrative Law Judge (ALJ) to be scheduled or your hearing was recently scheduled. You've applied for Social Security Disability (<a href="http://ssdlaw.blogspot.com/search/label/SSD">SSD</a>) and/or Supplemental Security Income (<a href="http://ssdlaw.blogspot.com/search/label/SSI">SSI</a>) and have been denied at least once or possibly twice (if your state has the <a href="http://ssdlaw.blogspot.com/search/label/Reconsideration">Reconsideration stage</a>). <br /><br />In general <a href="http://ssdlaw.blogspot.com/search/label/Hearing">Social Security hearings</a> are pretty informal, nothing like you're accustomed to seeing on Court TV or the news. Typically, the only people in the hearing room are the judge, a court reporter who types what is being said, the claimant and if you are represented, your representative. It's also common for the Administrative Law Judge to request that a vocational expert and/or a medical expert testify at the hearing.<br /><br />The main purpose of the hearing is for the claimant to testify. The majority of the time spent in the hearing room is spent with the judge asking the claimant questions and if you are represented by someone, having your representative ask you questions to inform the judge of important details.<br /><br />Typically the judge will ask questions in order to better understand your case and obtain the required information to determine if you meet <a href="http://ssdlaw.blogspot.com/2012/01/what-is-social-securitys-definition-of.html">Social Security's definition of disability</a>.<br /><br />For the most part the the questions you are asked by the judge will fall into four categories:<br /><br /><b>Background Information</b><br />The judge will ask you questions about your education, who you live with and where you live. Basically, the simple questions that you shouldn't generally have to think twice about.<b> </b><br /><br /><b>Work History</b><br />You will be asked about your work history from fifteen years prior to your alleged onset date up to the last job you held. You should be able to briefly explain where you worked, what you did on a daily basis, be able to explain what you were responsible for doing, whether the job was a physical job, whether you spent most of the day sitting down/standing up, whether you interacted with customers or the general public and what if anything you were responsible for lifting. If you have any earnings since your alleged onset date you may be asked to explain what this money is for.<br /><br /><b>Medical Condition(s)</b><br />Obviously you will be asked many questions about your disabilities and how they affect you on a daily basis. You will be asked what doctors you have seen, how often you visit the doctor, what medications you've been prescribed, what body parts are affected, how often you are in pain, how often you feel the side effects of your disability, what causes your pain or symptoms to get better or worse. You may be asked if the medication helps your problems, if the medication has side effects or if you have ever been hospitalized. You should also be prepared to explain any gap in medical treatment (for instance if you no longer had medical coverage).<br /><br />Be prepared for the one question that I believe every single judge I've ever appeared in front of has asked -- "In your opinion, what prevents you from working?"<br /><b><br /></b><b>Daily Activities </b><br />This may be the most important portion of the hearing because it gives the judge an idea about into how you are affected on a daily basis by your disabilities. It gives them insight into what your limitations are. It's here where the judge will typically be able to determine whether he/she thinks you are a credible person or whether he/she believes you are exaggerating.<br /><br />It's important to make sure the judge understands your limitations and how your disability prevents you from doing daily activities. But, at the same time, you do not want to lie or exaggerate. The judges who appear at Social Security disability cases hear hundreds of disability cases each year and literally thousands of cases in their lifetime. They can usually tell if someone is lying to them or if the person testifying in front of them is exaggerating their limitations.<br /><br />The judge will ask questions about what your typical day consists of, what you do from when you wake up in the morning until when you go to bed at night, what chores you are able to do, whether you can drive, whether you can go out by yourself, whether you can cook/shop/do laundry. <b> </b><br /><br /><br />If you are preparing for your Social Security Disability hearing then you may want to read my blog post "<a href="http://ssdlaw.blogspot.com/2012/06/what-happens-at-social-security.html">What Happens At The Social Security Disability Hearing?</a>" and <a href="http://ssdlaw.blogspot.com/2012/01/what-is-common-mistake-claimants-make.html">"common Social Security disability mistakes</a> that are easily fixed."Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-54373035083284526282012-08-31T07:00:00.000-07:002012-09-25T20:30:49.212-07:00Can I Apply For Both Early Retirement And Disability Benefits At The Same Time?If you are between 62 and 65 years old and currently have either a physical and/or mental disability that is preventing you from working you may want to consider <a href="http://ssdlaw.blogspot.com/search/label/SSD">Social Security Disability</a>. Many individuals who have reached 62 or are approaching 62 years old never even consider applying for disability benefits. They know that they have to stop working due to their disabilities so they simply apply for early retirement through Social Security.<br /><br />If you want to know your full retirement age, then you can view that on the <a href="http://www.ssa.gov/pubs/ageincrease.htm" target="_blank">Social Security website</a>.<br /><br />According to Social Security:<br /><blockquote class="tr_bq">You can retire at any time between age 62 and full retirement age. However, if you start benefits early, your benefits are <a href="http://www.ssa.gov/retire2/agereduction.htm" target="_blank">reduced a fraction of a percent</a> for each month before your full retirement age. </blockquote>It's important to note that if you receive early retirement, the reduced monthly benefits that you receive are the benefits that you will receive for the rest of your life. So, if you receive 25% less benefits than you would at full retirement age, you will receive 25% less until the day you die. <i>Some people think that the penalty is removed once they reach full retirement age but that is not the case. <br /><br /></i>Those who are between the ages of 62 and 65 years old have the ability to file for Social Security early retirement benefits and also apply for Social Security disability benefits at the same time. What happens is you start receiving the reduced monthly benefits through early retirement and if you are eventually awarded Social Security Disability benefits your monthly benefits will be increased to your full retirement amount. (If your Social Security Disability application is denied however you are stuck receiving the reduced early retirement benefits).<br /><br />If you apply for early retirement while waiting for your disability application to be processed then if you are eventually awarded disability you may be able to recover the difference in benefits retroactively for the months that the disability application was being processed by Social Security.<br /><br /><a name='more'></a><br /><br /><b>Hypothetical scenario </b>(the numbers used are just for illustration purposes)<b>:</b><br /><blockquote class="tr_bq">Frank is 62 years old and his disabilities prevent him from continuing to work. Frank applies for early retirement in February 2012 and begins receiving his reduced monthly benefit of $1,200 per month. At the same time he files for Social Security disability benefits alleging that he is disabled since August 2011. If he is awarded disability his monthly benefits will be $1,600 per month.<br /><br />In June 2012 Social Security informs Frank that he meets the criteria for Social Security Disability with a disability onset date in August 2011. After satisfying the five month waiting period that Social Security has, Frank is first entitled to Social Security Disability benefits in February 2012. </blockquote><blockquote class="tr_bq">The difference between his early retirement benefits and disability benefits are $400 per month. Frank will receive retroactive benefits of $400 for the months of February, March, April, May and June. Going forward he will receive $1,600 per month from Social Security Disability. </blockquote><blockquote class="tr_bq">Once Frank reaches his full retirement age he will continue to receive $1,600 per month, but instead of the monthly benefits being considered Social Security Disability, it is now Social Security Retirement. </blockquote>If you are confused or have questions about applying for Social Security early retirement benefits and Social Security Disability benefits at the same time then you should contact an <a href="http://njlawyer.blogspot.com/" target="_blank">experienced Social Security Disability lawyer</a> in your area. Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-45576649976902721542012-08-30T09:52:00.000-07:002012-09-25T20:30:49.209-07:00What Is The Difference Between SSD And SSI?There are several <a href="http://ssdlaw.blogspot.com/2011/12/what-social-security-disability.html">different types of Social Security Disability benefits/programs</a>. The two most common types are Social Security Disability Benefits (<a href="http://ssdlaw.blogspot.com/search/label/SSD">SSD</a>) and Supplemental Security Income (SSI). When most people refer to Social Security Disability benefits they are referring to SSD.<br /><br />To qualify for <b>Social Security Disability Benefits (SSD)</b>, an individual must have enough work history credits which are acquired by paying into the Social Security system while you work. In general, in order to have enough work history credits an individual needs to have worked in five out of the ten years prior to becoming disabled.<br /><br />In addition to <a href="http://ssdlaw.blogspot.com/2011/12/if-i-dont-have-enough-work-history.html">having enough work history credits</a>, an individual must prove that they are disabled. An individual must have a medical condition(s) that meets <a href="http://ssdlaw.blogspot.com/2012/01/what-is-social-securitys-definition-of.html">Social Security's definition of disability</a>. It must be expected that you will be unable to work for at least a year due to your disabilities.<br /><br />A common misconception is that in order to be eligible for any disability benefits from Social Security that you must be poor, or have very limited assets. This is not true. If you are disabled and applying for SSD, how poor or rich you are is completely irrelevant. I tell my clients that the "D" in SSD stands for "Donald," because even Donald Trump (if he were disabled) could qualify for SSD benefits as long as 1) he has earned enough <a href="http://ssdlaw.blogspot.com/2011/12/if-i-dont-have-enough-work-history.html">work history credits</a>, and 2) he meets Social Security's definition of disability.<br /><br /><b>Supplemental Security Income (<a href="http://ssdlaw.blogspot.com/search/label/SSI">SSI</a>)</b> is a separate Social Security program. The major difference between SSD and SSI is that SSI does not require work history in order to qualify. SSI is for individuals who have limited income and resources who are either older than 65, blind or disabled.<br /><br />For the purposes of this blog, if you are a disabled individual with limited income and resources you may qualify for SSI, even if you have little or no work history.<br /><br />After Social Security determines that you meet their financial criteria, they will decide whether or not you meet their <a href="http://ssdlaw.blogspot.com/2012/01/what-is-social-securitys-definition-of.html">criteria for disability</a>. Social Security has the same definition of disability for those applying for SSD and SSI.<br /><br />Social Security looks at the total income, finances and resources of the household when determining whether an individual meets the eligibility criteria for SSI. If a person is married, Social Security will take their spouse's income into consideration. SSI is the only disability benefits program available for children under age 18.<br /><br />Sticking to the Donald Trump analogy, Mr. Trump certainly would not be eligible for SSI, no matter how disabled he was. Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-42006795691412511372012-08-29T06:51:00.000-07:002012-09-25T20:30:49.208-07:00How Much Back Pay Can I Get From Social Security?When you are awarded disability benefits by <a href="http://ssdlaw.blogspot.com/">Social Security</a> you will receive a set amount of money each month for as long as Social Security considers you to be disabled. Those who are receiving <a href="http://ssdlaw.blogspot.com/search/label/SSD">SSD</a> benefits receive an amount of money each month based on their work earnings record and those receiving <a href="http://ssdlaw.blogspot.com/search/label/SSI">SSI</a> benefits receive an amount equal to the maximum amount allowed by Social Security minus set amounts for income or resources.<br /><br />If you apply for Supplemental Security Income benefits today, then today is the first day that you could possibly receive any back payment once you are awarded. So, if you apply for SSI on December 1, 2011 and you are found to be disabled by Social Security on June 1, 2012 you will receive a check for those months while you waited for your case to be decided. In this example, if Social Security determines that your onset date was December 1, 2011 and you meet the other criteria that the SSI program has (financial component), then you will receive back payment for six months. You will not receive back payment for any months that you do not meet the financial criteria for SSI. Since you first applied for SSI on December 1, 2011 that is the earliest month that you could receive benefits for. This is the case even if your <a href="http://ssdlaw.blogspot.com/2012/01/what-is-social-securitys-definition-of.html">disability</a> began in December, 2008.<br /><br />It is not as straight forward for those who are applying for SSD. If you have applied for SSD, <a href="http://ssdlaw.blogspot.com/2011/12/how-far-back-can-i-receive-back-payment.html">Social Security allows you to receive retroactive payment</a> for up to twelve months prior to the date that you filed your SSD application (assuming you can prove you were disabled that far back). However, Social Security regulations require that the first five months that you are considered disabled you do not receive any retroactive pay, there is a waiting period.<br /><br />Using the same dates as above, assume that someone has been disabled since December 1, 2008 but does not apply for SSD until December 1, 2011. If Social Security agrees that the person's onset date is December 1, 2008 it is possible for the applicant to receive retroactive benefits from December 1, 2010 (one year before the initial application was filed). In this situation, the applicant does not lose five months of payment, because their onset date was more than five months before the person was first eligible to receive retroactive back payment.<br /><br />In both examples you can see why it is very important to file for benefits with Social Security as soon as you know that you are expected to be out of work for at least a year.<br /><br />This is a complex topic and can be even more confusing if you are applying for both SSD and SSI at the same time.<br /><br />Onset dates can be a confusing but important issue in any Social Security disability case. If you are applying for SSD and/or SSI and are unsure what date you should use then you should contact an <a href="http://ssdlaw.blogspot.com/" target="_blank">experienced disability lawyer</a>.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-84969765617630906812012-08-23T06:29:00.000-07:002012-09-25T20:30:49.217-07:00Do Attorneys Slow Down The Social Security Disability Process? I've had clients say to me before that they felt that their prior lawyer was slowing down the process to delay a decision from Social Security in order to increase any fee that they would receive if the client were eventually to be found disabled. I've also had clients ask me if our firm ever stalled the Social Security Administration in order to obtain larger retroactive benefits and therefore increase the fee that we received for assisting the client obtain either <a href="http://ssdlaw.blogspot.com/search/label/SSD">Social Security Disability</a> benefits or <a href="http://ssdlaw.blogspot.com/search/label/SSI">Supplemental Security Income</a>.<br /><br />Tomasz Stasiuk, a Social Security Disability attorney in Colorado wrote an <a href="http://www.socialsecurityinsider.com/2012/02/are-lawyers-slowing-down-social-security-disability-cases/" target="_blank">excellent blog post</a> on this a few months back.<br /><br />I agree with his opinion wholeheartedly that:<br /><blockquote class="tr_bq">there is lot a lawyer can do for you: obtain evidence, file briefs, perform analysis, prepare you for your hearing. However, one thing a lawyer cannot do for you is make Social Security move <em>faster</em> than it wants to. No one can <em>force</em> SSA to make a decision before it is ready. The reason Social Security cases take so long is that there an <a href="http://ssdlaw.blogspot.com/2012/07/i-requested-hearing-whats-wait-time.html">enormous <em>backlog</em> of cases waiting to get through the system</a>.</blockquote><blockquote class="tr_bq">When you hire a representative, you are hiring someone to <em>stand in line</em> with you and help get you ready while you wait to get to the front. However, they cannot make the line move <em>faster</em>. If you change the person you’re waiting with<em> just before</em> you get to the front, it’s not the <em>change</em> that caused you to get to the front of the line. It is that your turn finally came up! The problem is that you don’t <em>see</em> the line in a Social Security case. You <em>don’t know</em> how many people are in front of you. All you know is that you waited a year with the old attorney, and only a couple of months with the new one.</blockquote><br /><b> Related posts:</b><br /><br /> <a href="http://njlawyer.blogspot.com/2011/12/what-can-social-security-attorney-do.html" target="_blank">What Can A Social Security Disability Attorney Do For Me?</a> <br /><a href="http://njlawyer.blogspot.com/2011/12/how-long-does-it-take-to-receive.html" target="_blank">How Long Does It Take To Receive A Decision? </a><br /><h3 class="post-title entry-title" itemprop="name"><br /></h3>Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-16192820522751580752012-08-20T07:14:00.000-07:002012-09-25T20:30:49.203-07:00If I Am Awarded Social Security Disability, Do I Still Have To Pay Child Support?Typically this is the type of question that I would direct a client to ask a family law attorney, especially if they already have one for a prior divorce or for child support issues.<br /><br />However, as a <a href="http://ssdlaw.blogspot.com/">New Jersey Social Security Disability attorney</a> I like to keep up on news that relates to <a href="http://ssdlaw.blogspot.com/search/label/SSD">Social Security Disability</a>. A recent New Jersey Superior Court decision (<a href="http://www.judiciary.state.nj.us/trial_court_opinions/Gilligan-v-Gilligan.pdf" target="_blank">Gilligan v. Gilligan</a>) states that an SSD award alone is not enough in itself to automatically relieve a parent of paying any child support.<br /><br />The New Jersey Court held that a prior decision (Golian v. Golain) <u><b>does not hold</b></u> that an "SSD award letter itself is automatically sufficient for the family court to conclude that the party cannot work in any capacity or earn any income to pay child support or arrears."<br /><br />In addition to the Notice of Award from the Social Security Administration:<br /><br /><blockquote class="tr_bq">when a party alleges a post-divorce disability that renders him or her unable to work at all and pay any child support, that party must provide more evidence to the court than simply the SSD award letter itself to prove his or her case.<br /><br />A parent who claims that a disability prevents him or her from paying child support or arrears has an obligation to provide the other parent with the opportunity to review the underlying medical reports upon which the in the SSD award was based, along with any additional medical reports regarding the nature and extent of the disability, diagnosis, and prognosis relative to engaging in employment."<br /><br />When the SSA declares a person disabled and eligible for SSD benefits, such a finding cannot, without further inquiry, automatically be considered tantamount to a finding by the SSA that the person cannot work or earn any money at all.To the contrary, under the SSA’s own definitions and regulations, a disabled person may work and earn up to a maximum amount of income each year whiles till qualifying for benefits and maintaining his or her disabled status.<br /><br />A declaration of disability by the SSA is a determination that the applicant cannot engage in <a href="http://ssdlaw.blogspot.com/2011/12/what-is-substantial-gainful-activity.html">substantial employment or gainful activity</a> (SGA), which is distinguishable from being unable to work and earn any money at all. If a person claims that he or she cannot work at all, as opposed to being onl yunable to engage in any substantial work activity, it is that party’s burden o fproof to produce supporting and substantiating evidence of the validity of this claim beyond mere submission of the SSD award itself.<br /><br />While some persons may be unable to engage in any income-producing work at all due to the nature of their disabilities, not every disability is the same. Other disabled persons may in fact be able to earn some degree of income under SGA levels and generate supplemental income, which can be used to help support a dependent child and pay back existing child support arrears. A family court may consider a disabled obligor’s potential ability to earn additional income under SSA regulations in determining the level of his or her ongoing child support obligation and schedule for repayment of accrued arrears.</blockquote>This recent New Jersey decision basically means that if you are awarded Social Security disability, you are not automatically released from the obligation of paying child support. The family court will have to make a decision because it is a fact sensitive issue that will vary based on each individual's disabilities and ability to earn any amount of money. <br /><br />To read the full Gilligan v. Gilligan decision <a href="http://www.judiciary.state.nj.us/trial_court_opinions/Gilligan-v-Gilligan.pdf" target="_blank">click here</a>.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-3905957471704650932012-08-17T06:29:00.000-07:002012-08-18T19:55:21.354-07:00What Does Social Security Consider An Acceptable Medical Source?As mentioned in another post, <a href="http://ssdlaw.blogspot.com/2012/01/how-important-are-medical-records-when.html">medical records are extremely important</a> in your attempt to prove to Social Security that you are <a href="http://ssdlaw.blogspot.com/2012/01/what-is-social-securitys-definition-of.html">disabled</a>. <br />
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According to <a href="http://ssa.gov/disability/professionals/bluebook/evidentiary.htm" target="_blank">Social Security</a>, the following are acceptable medical sources:<br />
<ul>
<li>licensed physicians (medical or osteopathic doctors); <br /> <br /> </li>
<li>licensed or certified psychologists including school psychologists (and other licensed or certified individuals with other titles who perform the same function as school psychologists in a school setting) only for purposes of establishing mental retardation, learning disabilities, and borderline intellectual functioning ;<br /> <br /> </li>
<li>licensed optometrists only for purposes of establishing visual disorders (except in the U.S. Virgin Islands where licensed optometrists are acceptable medical sources only for the measurement of visual acuity and visual fields); <br /> <br /> </li>
<li>licensed podiatrists only for purposes of establishing impairments of the foot, or foot and the ankle, depending on whether the State in which the podiatrist practices permits the practice of podiatry on the foot only, or the foot and the ankle; and<br /> <br /> </li>
<li>qualified speech-language pathologists only for purposes of establishing speech or language impairments. For this source, “qualified” means that the speech-language pathologist must be licensed by the State education agency in the State in which he or she practices, or hold a Certificate of Clinical Competence from the American Speech-Language-Hearing Association. </li>
</ul>
Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-64814704394224270982012-07-23T06:30:00.000-07:002012-08-18T19:56:08.192-07:00I Requested A Hearing, What's The Wait Time?So you've now been denied at initial application and possibly <a href="http://ssdlaw.blogspot.com/search/label/Reconsideration">Reconsideration</a> and have requested a <a href="http://ssdlaw.blogspot.com/search/label/Hearing">hearing</a> in front of an Administrative Law Judge. Now you want to know how long you're going to have to wait until your case is heard.<br />
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Depending on where you live in the United States that wait time is going to vary drastically. Social Security routinely releases <a href="http://www.ssa.gov/appeals/DataSets/05_Average_Processing_Time_Report.html">statistics that show the average wait time across</a> their 165 hearing offices. The shortest wait time for a hearing once it's been requested is at the Mayagüez hearing office in Puerto Rico where the average wait time is 175 days. At the opposite end of the spectrum, if you live in the St. Louis area the average claimant waits 472 days for their hearing to be scheduled. <br />
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It's fairly safe to assume that if you recently requested a hearing, you should expect to wait at least seven months and it could take up to fifteen months.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-18920084636822158122012-06-29T06:19:00.000-07:002012-08-18T19:56:56.789-07:00What Is This Consultative Examination That Social Security Is Sending Me To?In most cases, claimants for either <a href="http://ssdlaw.blogspot.com/search/label/SSD">Social Security Disability benefits</a> (SSD) or <a href="http://ssdlaw.blogspot.com/search/label/SSI">Supplemental Security Income</a> (SSI) are scheduled for Consultative Examinations by Social Security. Social Security may request that you go to an examination by a medical doctor for physical impairments and/or a psychologist for mental impairments.<br /><br />In my experience, almost every client who has been denied on their initial application and at <a href="http://ssdlaw.blogspot.com/2012/01/what-is-reconsideration.html">Reconsideration</a> has been sent to a Consultative Examination in relation to the impairments that they are alleging. If a claimant is alleging both mental and physical impairments, then it is possible that Social Security will schedule both a mental and physical examination; or they may schedule one or the other. <br /><br />The majority of the time these doctors are not helpful to the claimant's case (at least this is my opinion on physical examinations). But, it's in your best interests to attend these examinations. If Social Security schedules you for a <a href="http://ssdlaw.blogspot.com/search/label/Consultative%20Examination">Consultative Examination</a> and you fail to attend then it's likely that your application for disability benefits will be denied. If you have to re-schedule the appointment, that can usually be done by contacting the claim's adjudicator in advance. However, I always suggest to my clients that they try their best to attend the examination when it is originally scheduled unless absolutely necessary to re-schedule.<br /><br />If you confirm your attendance for the examination and then fail to show up for the appointment, Social Security is not obligated to re-schedule the appointment. Often, if you fail to appear and do not have a valid reason, Social Security will deny your application. If you fail to attend the examination, if the case goes to <a href="http://ssdlaw.blogspot.com/search/label/Hearing">hearing</a>, the judge is likely going to want to know what your reasons for failing to attend the examination are.<br /><br />It has been my experience that the mental examinations are much more helpful and through than the physical examinations. Physical examinations, from what I have been told, seldom last longer than 10 minutes.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-85781382320218477322012-06-28T06:15:00.000-07:002012-08-18T19:56:56.817-07:00The Doctor Social Security Sent Me To Told Me I Was Disabled, Why Was I Denied?From time to time a client tells me that they went to the <a href="http://ssdlaw.blogspot.com/search/label/Consultative%20Examination">Consultative Examination</a> that Social Security requested that they go to and the doctor told them that they were disabled. Of course the client then is expecting the next correspondence from Social Security to be a Notice of Award. But, unfortunately that is not always the case.<br /><br />I've had more than a few clients tell me that the doctor told them that they were disabled only for Social Security to turn around and deny them either at the initial decision or <a href="http://ssdlaw.blogspot.com/2012/01/what-is-reconsideration.html">Reconsideration</a>. Why does this happen? In my opinion it boils down to one of several possible reasons; either the doctor said one thing and wrote another thing in his report, the doctor may have said something which was misunderstood or the doctor did state that the claimant was disabled but Social Security - who is the ultimate decision maker - decided that the claimant did not meet the <a href="http://ssdlaw.blogspot.com/2012/01/what-is-social-securitys-definition-of.html">Social Security definition of disability</a>.<br /><br />The good news is that if the doctor at the Consultative Examination, whether it be a medical doctor or a psychiatrist, did include favorable evidence for you in their report that this may help you at the <a href="http://ssdlaw.blogspot.com/search/label/Hearing">Social Security hearing</a>.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-88657787864165369482012-06-27T06:13:00.000-07:002012-08-18T19:56:17.603-07:00If I Inherit Money Will That Affect My Social Security Disability Benefits?Very simple answer.<br />
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If you are collecting <a href="http://ssdlaw.blogspot.com/search/label/SSD">Social Security Disabilty benefits</a> (SSD), then your monthly benefits will not be affected by any inheritance. Since SSD is based on your work history credits, you can collect SSD benefits as long as you are <a href="http://ssdlaw.blogspot.com/2012/01/what-is-social-securitys-definition-of.html">disabled</a>, even if you are a multi-billionaire. <br />
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However, if you are receiving <a href="http://ssdlaw.blogspot.com/search/label/SSI">Supplemental Security Income</a> (SSI) then your benefits most likely will be affected. Since SSI is a needs based program, not only must you meet the <a href="http://ssdlaw.blogspot.com/2012/01/what-is-social-securitys-definition-of.html">Social Security criteria for disability</a>, you must also meet the financial requirements. Depending on the amount that you inherit, these assets may disqualify you because of the financial component of the program.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-83542386613180086322012-06-25T07:14:00.000-07:002012-08-18T19:56:56.816-07:00What Happens At The Social Security Disability Hearing?So you've applied for either <a href="http://ssdlaw.blogspot.com/search/label/SSD">Social Security Disability benefits</a> and/or<a href="http://ssdlaw.blogspot.com/search/label/SSI"> Supplemental Security Income</a> and you've been denied at the Initial application, and possibly a second time at <a href="http://ssdlaw.blogspot.com/2012/01/what-is-reconsideration.html">Reconsideration</a> (if your state has this stage of the process). You've requested a hearing (likely about a year ago) and now you've been scheduled for a <a href="http://ssdlaw.blogspot.com/search/label/Hearing">Social Security hearing</a> in front of an Administrative Law Judge.<br /><br />Here are a few things to prepare you for what to expect at your hearing:<br /><ul><li>If you do not already have an experienced Social Security disability attorney, it's time to strongly consider getting one. If you have an experienced representative, they should be able to answer all of your questions; from what to wear to the hearing, to what type of questions to expect from the judge. Not to mention, they will hopefully present your case in an organized manner that shows the judge that you meet the <a href="http://ssdlaw.blogspot.com/2012/01/what-is-social-securitys-definition-of.html">Social Security definition of disability</a>. <br /></li><li>Unlike most other legal proceedings, Social Security's new rules <a href="http://ssdlaw.blogspot.com/2011/12/nosscr-responds-to-new-social-security.html">prohibit claimants from knowing who the Administrative Law Judge is ahead of the hearing</a>. <br /></li><li>Social Security hearings are pretty informal, nothing like you're accustomed to seeing on Court TV or the news. Typically, the only people in the hearing room are the judge, a reporter who types what is being said, the claimant and if you are represented, your representative. It's also common for the Administrative Law Judge to request that a vocational expert and/or a medical expert testify at the hearing.<br /></li><li>In my experience, most hearings last about 45 minutes to an hour. I've had hearings that have lasted much less and hearings that have lasted much longer. But, in general, if you are represented by an experienced representative or Social Security attorney, you should expect your hearing to last close to an hour. From my experience of sitting in Social Security waiting rooms, hearings where the claimant is unrepresented rarely last longer than 30 minutes. <br /></li><li>The Administrative Law Judge rarely issues a decision the day of the hearing. This doesn't mean it never happens, but it's not common practice. So, don't go to the hearing expecting to have a final answer to whether or not your application for disability is being approved or denied. If you do not receive a bench decision (a decision the day of the hearing), you will have to wait to receive your written decision in the mail. The time frame to receive a decision varies by judge, some judges get their decisions sent out within a few weeks and unfortunately I've had judges that take up to three months to issue their decision.<br /></li><li>The main purpose of the hearing is for the claimant to testify. The majority of the time spent in the hearing room is spent with the judge asking the claimant questions and if you are represented by someone, having your representative ask you questions to inform the judge of important details. <br /><br /> </li><li>If you've been scheduled for a hearing, then read this article about<a href="http://ssdlaw.blogspot.com/2012/01/what-is-common-mistake-claimants-make.html"> common Social Security disability mistakes</a> that are easily fixed.</li></ul>If you are scheduled for a hearing then you likely have already waited at least eighteen months since the day you first applied for disability benefits. That's why I will repeat my suggestion that if you do not already have an experienced Social Security disability attorney, it's time to strongly consider getting one.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-69900971190897388072012-06-17T19:29:00.000-07:002012-08-18T19:56:56.813-07:00Is My Social Security Statement Available Online?About two years ago Social Security stopped sending annual Social Security statements to those who are under the age of 60. In all honesty, it wasn't a bad idea since most people usually ignored these statements and treated them similar to the typical junk mail you would get each day.<br /><br />However, your Social Security statement includes lots of useful information if you intend on filing for retirement or <a href="http://ssdlaw.blogspot.com/search/label/SSD">Social Security Disability benefits</a>. <br /><br />According to <a href="http://www.socialsecurity.gov/mystatement/" rel="nofollow" target="_blank">Social Security</a> your online statement provides: <br /><blockquote class="tr_bq"><ul><li> Estimates of the retirement and disability benefits you may receive; </li><li>Estimates of benefits your family may get when you receive Social Security or die; </li><li>A list of your lifetime earnings according to Social Security’s records; </li><li>The estimated Social Security and Medicare taxes you’ve paid; </li><li>Information about qualifying and signing up for Medicare; </li><li>Things to consider for those age 55 and older who are thinking of retiring; </li><li>General information about Social Security for everyone;</li><li>The opportunity to apply online for retirement and disability benefits; and</li><li>A printable version of your Social Security Statement. </li></ul></blockquote>To get your Statement online, you must first create a <span class="my">my </span> <span class="lb">Social Security</span> account. Once you have an account, you can view your Social Security Statement at any time. Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-30374339680387910822012-03-12T08:24:00.000-07:002012-08-18T19:56:56.794-07:00My Doctor Says I Am Disabled, Why Did Social Security Deny Me?It happens at least a couple of times a week. A person calls and is perplexed as to how Social Security could deny their <a href="http://ssdlaw.blogspot.com/search/label/SSD">SSD</a> or <a href="http://ssdlaw.blogspot.com/search/label/SSI">SSI</a> application even though their doctor, or doctors say that they are disabled.<br /><br />The truth is, although it's certainly <a href="http://ssdlaw.blogspot.com/2012/01/my-doctor-is-not-willing-to-cooperate.html">helpful to have a doctor on board</a> and willing to support your assertion that you are unable to work, the majority of doctors do not know <a href="http://ssdlaw.blogspot.com/2012/01/what-is-five-step-sequential-evaluation.html">Social Security's definition of disability</a>.<br /><br />There are certainly doctors out there who understand the Social Security disability process, but there are also a lot of doctors who do not know the slightest thing about Social Security, what the requirements are to qualify for Social Security disability and many that do not even know that such a program exists. Unfortunately, often these doctors tell their patients information that is inaccurate and then the disabled individual is left with misconceptions about the Social Security disability process.<br /><br />My recommendation is if you have a disability or disabilities that prevent you from working go to your doctors for medical treatment. But, when you are prepared to apply for either Social Security Disability or Supplemental Security Income you should reach out to an <a href="http://ssdlaw.blogspot.com/p/about.html" target="_blank">experienced Social Security disability lawyer</a> in your area.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-70605440545879439112012-03-07T17:09:00.000-08:002012-08-18T19:56:56.814-07:00I'm A Veteran and Receiving Veterans' Benefits, Do I Also Get Medicare If I'm Disabled?If you are a Veteran and already receiving health benefits from the VA (<a href="http://www.va.gov/healthbenefits/online/" target="_blank">Veterans Affairs</a>) then you may be wondering what happens if you are awarded Social Security Disability benefits and <a href="http://ssdlaw.blogspot.com/2012/01/i-was-recently-awarded-ssd-when-do-i.html" target="">become eligible for Medicare</a>.<br /><br />When you receive Social Security Disability benefits (SSD) you automatically become eligible for Medicare<b> </b>two years from the date you become eligible for benefits. I've had clients who are worried that this will affect the medical treatment that they have been receiving from the VA or affect their eligibility to continue receiving treatment from the VA Hospital or VA clinic.<br /><br />This <a href="http://www.medicare.gov/publications/pubs/pdf/02179.pdf" target="_blank">Medicare pamphlet</a> has a lot of useful information that may answer many of the questions that you have. The chart on pages two and three of that pamphlet explains who pays first when you have another form of health coverage; whether it be Medicaid, a group health plan through work, VA benefits, Workers' Compensation or several other forms of medical insurance coverage.<br /><br />According to the information provided by Medicare, if you are entitled to VA benefits and Medicare then you are entitled to both: <br /><blockquote class="tr_bq">If you have or can get both Medicare and Veterans’ benefits, you can get treatment under either program. When you get health care, you must choose which benefits to use each time you see a doctor or get health care. Medicare can’t pay for the same service that was covered by Veterans’ benefits, and your Veterans’ benefits can’t pay for the same service that was covered by Medicare. To get the Department of Veterans Affairs (VA) to pay for services, you must go to a VA facility or have the VA authorize services in a non-VA facility.</blockquote>Medicare also gives this example:<br /><blockquote class="tr_bq">Bob, a veteran, goes to a non-VA hospital for a service authorized by the VA. While at the non-VA hospital, Bob gets other non-VA authorized services that the VA won’t pay for. Some of these services are Medicare-covered services. Medicare may pay for some of the non-VA authorized services that Bob got. Bob will have to pay for services that Medicare or the VA doesn’t cover. </blockquote>Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-47569605767139896872012-03-04T08:13:00.000-08:002012-08-18T19:56:56.801-07:00How Do I Find Out My Date Last Insured?If you plan on filing for Social Security Disability benefits then an important thing to know is your <a href="http://ssdlaw.blogspot.com/search/label/Date%20Last%20Insured">date last insured</a>.<br /><br />The easiest way to find your "date last insured" or "DLI" is to call Social Security by calling <b style="font-weight: normal;">1-800-772-1213.</b> <br /><br />If you are unsure what Date Last Insured is, then you can read <a href="http://ssdlaw.blogspot.com/2011/12/what-does-date-last-insured-mean.html">what date last insured means</a>.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-51338536748300399902012-02-05T10:19:00.000-08:002012-02-05T08:17:01.060-08:00How Far Back Can I Receive Back Payment?When you are awarded disability benefits by Social Security you will receive a set amount of money each month for as long as Social Security considers you to be disabled. Those who are receiving SSD benefits receive an amount of money each month based on their work earnings record and those receiving SSI benefits receive an amount equal to the maximum amount allowed by Social Security minus set amounts for income or resources.<br />
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If you apply for Supplemental Security Income benefits today, then today is the first day that you could possibly receive any back payment once you are awarded. So, if you apply for SSI on December 1, 2011 and you are found to be disabled by Social Security on June 1, 2012 you will receive a check for those months while you waited for your case to be decided. In this example, if Social Security determines that your onset date was December 1, 2011 and you meet the other criteria that the SSI program has (financial component), then you will receive back payment for six months. You will not receive back payment for any months that you do not meet the financial criteria for SSI. Since you first applied for SSI on December 1, 2011 that is the earliest month that you could receive benefits for. This is the case even if your disability began in December, 2008.<br />
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It is not as straight forward for those who are applying for SSD. If you have applied for SSD, Social Security allows you to receive retroactive payment for up to twelve months prior to the date that you filed your SSD application (assuming you can prove you were disabled that far back). However, Social Security regulations require that the first five months that you are considered disabled you do not receive any retroactive pay, there is a waiting period.<br />
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Using the same dates as above, assume that someone has been disabled since December 1, 2008 but does not apply for SSD until December 1, 2011. If Social Security agrees that the person's onset date is December 1, 2008 it is possible for the applicant to receive retroactive benefits from December 1, 2010 (one year before the initial application was filed). In this situation, the applicant does not lose five months of payment, because their onset date was more than five months before the person was first eligible to receive retroactive back payment.<br />
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In both examples you can see why it is very important to file for benefits with Social Security as soon as you know that you are expected to be out of work for at least a year.<br />
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This is a complex topic and can be even more confusing if you are applying for both SSD and SSI at the same time.<br />
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Onset dates can be a confusing but important issue in any Social Security disability case.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-63043460610736291302012-02-04T08:03:00.000-08:002012-08-18T19:56:56.809-07:00Do I Have To Pay Taxes On Social Security Disability Benefits?This really is a question that you should be asking an accountant or whoever assists you in filing taxes each year.<br /><br />According to <a href="http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/493">Social Security</a>:<br /><blockquote class="tr_bq">You will have to pay federal taxes on your Social Security benefits if you file a federal tax return as an individual and your total income is more than $25,000. If you file a joint return, you will have to pay taxes if you and your spouse have a total income of more than $32,000.</blockquote>Depending on the state you live in you may not have to pay state income tax for the benefits that you receive from Social Security. <br /><blockquote class="tr_bq">Social Security has no authority to withhold state or local taxes from your benefit. Many states and local authorities do not tax Social Security benefits. </blockquote>Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0tag:blogger.com,1999:blog-3936353596498540274.post-51022683263872384722012-02-03T08:00:00.000-08:002012-08-18T19:56:56.803-07:00What Is Reconsideration?In most states if you want to appeal Social Security's decision to deny you disability benefits at the initial application you must "<b>request reconsideration</b>." <br /><br />Several states, including New York, have eliminated this stage of the process. If you receive a denial notice from Social Security at the initial application then the letter from Social Security will inform you whether your next level of appeal is requesting reconsideration or, if you can request a hearing in front of an Administrative Law Judge. <br /><br />In most states, including New Jersey, if you want to appeal Social Security's decision at the initial application, then you must request reconsideration. What does this mean? Basically, a different disability examiner employed by Social Security will review your case and determine whether or not you are disabled. Unfortunately, the overwhelming majority of the time, the result at Reconsideration is the same as the initial decision. Only about 20% of applicants are successful in getting approved for Social Security Disability benefits at the Reconsideration level.<br /><br />If you have been denied Social Security benefits at the initial application and want to appeal that decision in most states you must file for reconsideration. It is important if you are not represented by an attorney that you read the letter from Social Security very carefully and submit the appeal within the required time frame. Social Security requires that if you are filing for reconsideration that your request must be returned within 65 days from the date on the denial letter. It is important to know that filing a new application is very different than filing an appeal.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com1tag:blogger.com,1999:blog-3936353596498540274.post-50559786829953550762012-01-30T08:55:00.000-08:002012-08-18T19:56:56.802-07:00Disabled New Jersey Homeowners May Be Eligible For Tax Deduction & Property Tax FreezeAre you a homeowner in New Jersey and have been awarded either <a href="http://ssdlaw.blogspot.com/search/label/SSD">Social Security Disability benefits</a> or <a href="http://ssdlaw.blogspot.com/search/label/SSI">Supplemental Security Income</a>? If so, you may qualify for a special $250 annual tax deduction.<br /><br />In order to receive the deduction you must show proof that you meet the requirements under <a href="http://www.state.nj.us/treasury/taxation/pdf/lpt/nj_assessors_handbook_chap4.pdf" target="_blank">New Jersey law</a>.<br /><br />In addition, you may also <a href="http://www.nj.gov/treasury/taxation/prntfrez.shtml" target="_blank">qualify for property tax reimbursement</a>. This is essentially a property tax freeze.<br /><br />If you are not a New Jersey resident you should review your home state's tax website or consult a tax lawyer or accountant in your area who is familiar with local state tax regulations.<br /><br /><br /><br />Related post: <a href="http://ssdlaw.blogspot.com/2011/12/do-i-have-to-pay-taxes-on-social.html">Do I Have To Pay Taxes On Social Security Disability Benefits?</a>Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com1tag:blogger.com,1999:blog-3936353596498540274.post-69066782724504123142012-01-23T16:35:00.000-08:002012-08-18T19:56:56.812-07:00Can A Lawyer Help Me File For Supplemental Security Income (SSI)?Yes, an attorney can assist you with your application for Supplemental Security Income (<a href="http://ssdlaw.blogspot.com/search/label/SSI">SSI</a>). However, unlike when applying for <a href="http://ssdlaw.blogspot.com/search/label/SSI">SSD</a>, the attorney cannot do your initial application online. <br /><br />The reason why Social Security does not allow applicants to file their SSI application online is because before they review your disabilities and analyze your case from a <a href="http://ssdlaw.blogspot.com/2012/01/what-is-social-securitys-definition-of.html">disability standpoint</a>, they determine whether you meet their <a href="http://ssdlaw.blogspot.com/2011/12/if-i-dont-have-enough-work-history.html">financial criteria</a>.<br /><br />For this reason, most attorneys will require that if you are not eligible for SSD, that you apply for SSI on your own before they begin working on your case for you. The reason being, if you do not meet the criteria financially for SSI, there is nothing that your lawyer can do for you. You hire an attorney to assist you in proving to Social Security that <a href="http://ssdlaw.blogspot.com/2012/01/what-is-social-securitys-definition-of.html">you are disabled</a>. If you do not meet the financial component, then Social Security never actually analyzes your case from a medical point of view.<br /><br />If you intend on filing for Social Security disability benefits then I recommend you contact a lawyer in your area that is experienced in handling Social Security cases. They will inform you what their policy is on assisting with SSI applications if that is what you are applying for.Declan Gourley, Esq.http://www.blogger.com/profile/08096638781467305238noreply@blogger.com0