For an Austin resident to receive these benefits, your disability has to be expected to last at least 12 months. That does not mean, however, that you have to wait a year to apply. Rather, disabled individuals should apply as soon as possible. Wait times are long, and there is also a chance your application will be rejected, meaning you may have to go through the application process again.
]]> To ensure that your application moves through the system as quickly as possible, it helps a great deal to have all of your medical and work documents on hand and ready to go. An attorney can help with getting these documents together and expediting the application process. An attorney can also handle an SSD appeal if the application is initially rejected.United States budget woes have lately led to a lot of misleading information in the mainstream media with regard to Social Security's disability programs. But the truth is that more than half of SSI and SSD applications are rejected, and the instances of fraud are relatively few.
The vast majority of people who receive disability benefits need them very badly, and others who may need those payments but don't receive them yet should be aware of the requirements and available legal options.
Source: newsok.com, "Social Security Q&A: Disability questions," May 12, 2013
]]>The rise in the number of individuals receiving Social Security Disability Income (SSDI) may have nothing to do with a rise in unemployment. Experts had predicted SSDI would rise close to 20 years ago. This was in part because baby boomers were getting older, and more women have entered into the workforce.
]]> As we have noted many times on our Austin website, the number of recipients of SSDI is often overstated. Generally, only workers who have paid into the system are eligible for SSDI - with some extremely technical exceptions for other individuals not already insured due to Social Security contributions.In any case, less than 40 percent of applicants are approved for SSDI. More telling, close to 20 percent of all applicants will die within five years of being approved for SSDI. These are not the type of people who should be looked upon as a burden upon others.
Because approval rates are so low, disabled individuals truly do need assistance in receiving SSDI benefits from attorneys that understand the SSDI process. SSDI may be the last option remaining for many individuals. The payout of benefits is around $13,000 per recipient, and this amount is reserved for individuals that cannot receive income elsewhere.
Source: News Observer, "Assessing the true need for disability payments," by Rick Flemming, May 3, 2013
]]>This is the same limit that has been placed upon recipients since 1989. The agency feels that $10,000 would be a more appropriate sum and that any asset limit should be periodically adjusted for inflation. Also, the agency would like to see some sort of adjustment made should individuals earn additional income.
]]> The agency stresses that SSI recipients endure "the most severe levels of poverty" of all individuals that are eligible for Social Security benefits. Many such individuals reportedly also face disabilities that bring along with it a separate series of costs.Especially concerning is how certain benefits may be affected by other benefits. For example, individuals with disabilities may not be able to hold onto Medicaid coverage, etc.
It must be remembered that SSI is provided for individuals that were disabled due to work-related injuries or illnesses. Many times these individuals have not had a sufficient work history to quality for SSDI and likely have not built up any life savings.
These individuals need all of the help that they can get. With little resources, these individuals often need the help and guidance of attorneys that understand how SSI operates.
Hopefully the administration will be open to the agency's requests for changes. Unfortunately, such changes can be dependent upon the prevalent politics in Washington, D.C.
Source: Disability Scoop, "White House Urged to Raise SSI Limits," by Michelle Diament, April 19, 2013
]]>One individual was sentenced by a federal judge for concealing being married while at the same time receiving Social Security income. After reportedly collecting $33,318 in Social Security, it was discovered that his wife was collecting SSI while at the same time receiving wages while working at his retail shop.
]]> It was alleged that the wife made anywhere between $100 to $800 per month in wages working at her husband's business, and that the husband had made false statements to the Social Security Administration concerning his marital status - also apparently concealing in the process that the money his wife made would directly benefit him.Please consult with an attorney that understands all aspects concerning the governmental benefits that individuals receive rather than attempt to navigate the process alone. The process for receiving SSI is complicated and is dependent upon a large number of reporting requirements.
Though reporting the correct information may result in lesser benefits received, concealing information can lead to legal sanctions and put individuals in an even worse financial hole. Individuals cannot afford to assume that any indiscretions will be forgiven by the Social Security Administration or by the courts.
Source: Independent Record, "Man order to repay $33K in Social Security benefits," April 17, 2013
And most individuals are denied Supplemental Security Income (SSI) as well. For child applicants, generally only those with "marked and severe functional limitations" will qualify for the benefits. There are a large number of factors that need to be considered before SSI will be granted.
]]> But though so few qualify for benefits, we continually hear in the news that disability programs have greatly expanded. This in part can be explained by the baby-boom generation reaching the years of more frequent disabilities. Also, more women are in the workforce contributing to Social Security since the 1970s and 1980s, and that means that more disabled women are eligible to collect under SSDI. As far as children are concerned, child poverty has risen during the past decade, and poverty combined with disability makes it more likely that children will be eligible for SSI.If individuals do qualify under the conditions set for SSDI or SSI, benefits should not be denied due to anecdotal evidence that too many individuals are collecting under these programs. Since the process is often daunting, potential recipients can often find assistance from attorneys experienced in the SSDI and SSI areas.
The benefits that individuals receive for SSDI generally barely exceed $1,000 per month, and for SSI payments are barely over $500 per month. However, without such benefits, many individuals would face homelessness. Unfortunately, many individuals remain with undefined disabilities that in any case are prevented from receiving benefits.
Source: Huffington Post, "The Facts About the Social Security Disability Programs," by Donna Meltzer, April 4, 2013
]]>This is significant in that not all states mandate coverage for this particular syndrome. In fact, public insurers as well as private insurers have also been criticized in not providing this coverage. For example, coverage for military families can be restricted unless the military member is on active duty, and even then it has been considered by some to be insufficient.
]]> The bills for therapy can be cost prohibitive for many families. Behavioral therapy can cost around $150 per session, and one military family has paid out-of-pocket as much as $100,000 in total care.Individuals that care for children with autism are concerned about delays in providing assistance. They say that autism is much easier to control if it is aggressively treated in its early stages. And even then, there is a chance that the autism will require a lifetime of care.
As with so many medical conditions, early diagnosis and treatment can ultimately save all of us money in the long haul. The remedying of behavioral problems at these early stages may prevent the need for special services, care and education later on that can be extremely costly.
If you are a parent that has a child with autism, you may wish to speak to an attorney about means of making sure the child's needs are taken care of into the future. Though receiving coverage may involve certain difficulties, it is easier to receive with the advice of these professionals.
Source: ABC News, "Autism Bankrupts Families, Emotionally and Financially," by Susan Donaldson James, April 2, 2013
There are currently 4 million veterans receiving SSD in Texas and across the United States, and there are also another 500,000 veterans that may require some other alternative revenue source for receiving these payments. The veterans are understandably upset by the sacrifices that they have already made when they signed up to serve our country.
]]> Though we often hear of concerns regarding cuts needing to be made, this new formula would change payments from being made at a 1.7 percent increase per year adjusted for inflation to 1.4 percent per year. Though the claim is that the proposed change would cut the deficit by $340 billion over the next decade, these cuts would be made strictly on the backs of disabled individuals including veterans.Though lawyers representing clients that are disabled cannot always prevent legislative changes from occurring, these same lawyers can look for alternative options to prevent these people from falling into the poverty ranks.
As one veteran noted, cuts to disability benefits for these veterans will also be followed by cuts to the Social Security retirement benefits as well while veterans become older. As veterans have already paid their dues by serving our country, the proposed changes would retroactively punish these same veterans by later taking away promised payments.
Source: Dallas Morning News, "Veterans fight changes to disability payments," March 30, 2013
What is of particular concern is the number of individuals that have an increased likelihood of suffering a stroke or heart attack due to their diabetic condition. It is believed that diabetes places anyone at risk for coronary artery disease and congenital heart failure.
]]> Obviously, Social Security Disability Income (SSDI) could be vital with anyone afflicted by diabetic symptoms that ultimately prevent them from working. For certain workers with diabetes, full-time work is out of the question. For those that have suffered a stroke or heart attack, such individuals may be out of the workforce for an extremely long time - or even permanently.It's important for Texas readers to document their medical symptoms whenever they suffer from a significant disease such as diabetes. Having medical records in order, recording one's medical history, and providing an accounting of medical expenses can provide an administrator a better picture as to why someone should receive SSDI due to their medical condition.
It's extremely important for individuals applying for SSDI benefits to at least consult with an experienced attorney in this area to make certain that their claim is in order. Applications for benefits are complicated to begin with, and making certain the claim is clear and concise will only make the chances of claim approval much stronger.
Source: Times Union, "Heart-Related Complications from Diabetes May Qualify Someone for Social Security Disability, Allsup Reports," March 23, 2013
Our Austin attorneys can help those stricken by illness or injury collect on their Social Security Disability claims.
]]>The matter was taken to court because this nurse had also stated in her application for disability benefits that her disability prevented her from working at all. According to the court, she was unable to satisfactorily explain to the court why she wanted to return to work while at the same time representing in her disability application that she was unable to work. It seems she repeatedly claimed that she was unable to use her left arm in performing work-related tasks.
]]> So while the woman had been receiving disability payments because of her claim for disability, she apparently was also attempting to claim that she was discriminated against because her employer did not allow her to return to her job.There may be much more to this story than what is being reported. Still, a disability application that properly and specifically stated the reason for her claims for disability may have prevented such circumstances from ever occurring.
There are many sorts of disability claims that will be allowed if properly stated. Yet an improperly worded application with inconsistent terms can lead to a large number of additional consequences - beyond a simple denial of a disability claim.
Attorneys experienced in the area of Social Security Disability can assist clients through every aspect of the application process. These attorneys can also foresee any difficulties that may result when applying for disability benefits.
Source: Risk & Insurance, "CNA unable to show she can perform essential functions to carry ADA claim," March 11, 2013
Sometimes spouses were entitled to receive Supplemental Security Income (SSI), but this does not mean the surviving spouse will also be entitled to receive this benefit. The surviving spouse would also need to be over the age of 65 or disabled, and have limited financial resources and other income.
]]> However, if the spouse was disabled and was collecting Social Security Disability Income (SSDI), there is a chance that one could receive some if not all of the deceased spouse's benefits. To receive the full benefit, the surviving spouse would have to be retired. You might receive over 71.5 percent of what the deceased spouse received if you are over the age of 60.There are other ways a surviving spouse may receive this income as well. The surviving spouse may be eligible for a large percentage this income if they also are caring for the deceased spouse's dependent child that is under the age of 16, or may be entitled to a large portion of the benefit if the surviving spouse is over the age of 50 and is also disabled.
If you have questions about the Social Security benefits one may be eligible for if a spouse is deceased, you could learn a great deal from speaking to an attorney that practices in the Social Security area. These attorneys can talk to you about SSI, SSDI or other survivor benefits for a surviving spouse.
Source: Opposing View, "The Benefits of Social Security Disability When a Spouse Dies," by Scott Rutherford, March 2, 2013
It is important to note from the onset that SSI is not included as gross income when it comes to filing of income taxes. And any Earned Income Tax Credit that taxpayers receive will not be considered income as far as eligibility for SSI is considered. Also, since SSI is different from certain types of Social Security benefits, recipients are not required to have had past income to qualify for SSI.
]]> Individuals that are unable to work due to disability already have enough to worry about without having to make the choice of either paying more taxes or being deprived of their SSI benefits. Disabilities often prevent individuals from working full time or, in some cases, from working at all. Also, the disability of a spouse or child can hamper one's ability to earn more income when someone takes on a care giving role.Since the requirements for receiving SSI often seem complicated, it's good to be reassured that attorneys are available that can assist in the receiving of the benefits. It sometimes only comes down to determining what the Social Security Administration is looking for when it requests certain types of information.
Source: Clarksville Online, "IRS says Tax Benefits available for those with disabilities," March 1, 2013
For more information regarding Supplemental Security Income (SSI), please visit our Austin, Texas lawyers' website.
]]>Unfortunately, when workers are not trained, they end up being injured. There is a disproportionate amount of older workers that suffer permanent injury, and this will likely result in a larger number of Social Security Disability claims.
]]> Older individuals are in an economic bind in any case if an injury does occur. With a shorter timeline to earn any wages, injuries that prevent an older worker from returning to the job could ultimately lead to these individuals losing their homes or ending up in bankruptcy. Also, these older workers are less likely to be hired back on after being out of a job for some period of time.Social Security Disability payments for injured individuals are put in place as an anti-poverty measure that will prevent those that can no longer work due to their injuries from going underwater financially. These payments will also make it less likely that these individuals will have to collect as early as the age of 62 on their Social Security Retirement benefits.
Attorneys that understand Social Security Disability laws can make certain that applications are approved more quickly, and workers will not be placed in a position of not receiving these payments when they need them the most. Without legal assistance, too many legitimate claims are not approved.
Source: The New York Times, "In Hard Economy for All Ages, Older Isn't Better ... It's Brutal," by Catherine Rampell, Feb. 2, 2013
The number of individuals receiving SSD benefits had virtually doubled from 1995 to 2010. There is no evidence demonstrating that more individuals are receiving these benefits simply because work has been harder to come by during the last five years.
]]> The criterion that is to be met for receiving SSD is strict. Individuals applying for SSD must show that they suffer from a disability that is anticipated to last more than a year, and that the medical condition of the individual applied meets one of the illnesses or injuries listed in Social Security requirements.Close to two-thirds of all applications for disability is initially denied, and almost 90 percent of the claims that are denied will not be reconsidered. Sometimes, having the matter heard before a judge makes for a more promising result, but even under those circumstances the case needs to be made for approval.
Anyone in the Austin area that feel they have a claim for SSD benefits would likely find it helpful to speak to an attorney that understands this field and has helped many others process the claims. The financial burden that comes along with having a disability is often too much for just about any family.
Source: Philly Record, "Pensions: Why Social Security Disability is Growing," by Michael P. Boyle, Feb. 7, 2013
It is believed that as many as 119,000 Texans currently suffer from lupus. Lupus has been particularly insidious in that the body's immune system ends up attacking the tissues and organs. Sadly, the disease often ends in death for many patients.
]]> No one suffering a debilitating disease like lupus should be denied a claim. Yet claims are often denied because people attempt to apply for benefits on their own, or they look to other professionals unfamiliar with the Social Security Disability process to fill out the paperwork for them.Attorneys that do work in the Social Security Disability process can besides filling out the paperwork represent individuals with lupus at administrative hearings. These attorneys can organize data, medical records and other evidence that can be used to back up a claim. They can also assist in finding other resources that may be helpful to individuals suffering from this malady.
The reason why benefits are often denied is because the illness is often difficult to diagnose, and the symptoms cannot always be objectively verified. Yet the tissue damage and organ failure that often results with the coming down of this disease often prevents individuals from being employed or participating in everyday life.
Source: Dallas Morning News, "Program to offer those suffering from lupus information on disability benefits," by Pamela Yip, Feb. 6, 2013
At least from the perspective of these senators, these accounts that were contributed to by the public employees actually performed better than Social Security. However, since that time the right to opt out of Social Security has been taken away from individual taxpayers, and now there is clamoring to reintroduce such an option.
]]> The senators' idea is referred to as the "Galveston Plan." It appears to be popular among listeners as many taxpayers are not confident about the viability of Social Security to begin with.Obviously, such a plan will require study before it could ever be implemented, and there may not be the support in Congress t pass such a proposition. Still, there should always be creative thinking when it comes to ways of funding government sponsored retirement plans like Social Security, and hopefully government officials will keep an open mind when it comes to these types of suggestions.
In any case, retirees do not need to keep their options narrow when it comes to their retirement income, and they may benefit from speaking to an attorney that understands options available when it comes to one's Social Security and other retirement funds.
There will likely be changes to Social Security in the coming years in hopes of keeping the fund solvent. Understanding the new rules will be of utmost importance because changes will affect everyone.
Source: Cypress Creek Mirror, "Texas Senators: Social Security replacement plan gets closer look," by Jeff Newpher, Jan. 22, 2013