The post What Disabilities Are Hard to Prove? appeared first on Gade & Parekh.
]]>In order to receive SSDI, a person must meet certain requirements. First, they must have a medical condition that hinders them from performing work-related tasks. This disability must have lasted at least one year. If the one-year mark has not been reached, then it must be reasonably believed that the disability will last at least one year. This can be determined by medical professionals.
Lastly, the condition must prevent you from earning a certain amount of payment. The dollar amount is determined by the Social Security Administration and it is referred to as your “substantial gainful activity” level.
Additionally, you must have worked for a certain number of years and have paid social security taxes during that time. The exact number of years that you’re required to have worked will vary based on your age. Other factors that may be considered include how your disability affects your ability to perform other basic tasks such as walking, lifting, bathing, and getting dressed.
Some disabilities are hard to prove for a number of reasons. This is because many disabilities have an “invisible nature.” Chronic pain and mental health conditions do not have effects that are as evident as something like a severed limb. Because of this, it can be difficult to prove the severity of your condition when it’s hidden.
A condition’s subjectivity can also make it difficult to prove. Mental disorders, such as depression, affect each person differently. Therefore, it would have to be proven that the disabled person is severely impacted by it, and they would have to show some sort of proof that their decreased ability to perform is connected to the disorder.
Lack of information can also make it difficult to prove a condition has grounds for disability benefits. Some conditions do not have definitive diagnostic tests available to say with certainty that a condition is directly linked to disability. Some disabilities also come with stigma surrounding them and are misunderstood by both healthcare providers and the general public, making it harder to prove their severity.
Proving your disability can be challenging for a number of reasons. The nature of the condition, the availability of medical evidence, or the subjectivity in the effects of the condition all impact your evidence. The following are common disabilities that tend to be difficult to prove:
Even if you have a harder-to-prove disability, you can still qualify to receive benefits. You can improve your chances of approval by doing the following:
A: Four common hidden disabilities include mental health conditions, autoimmune diseases, chronic pain disorders, and neurological disorders. Even if a condition is considered “hidden,” it can still affect a person’s life in a major way, making it difficult to perform tasks that they otherwise would be able to perform with no major issue.
A: Generally, the most overlooked disabilities are mental health disorders. These include depression, anxiety, PTSD, and bipolar disorder, to name a few. They are often overlooked and misunderstood. These conditions also affect each person differently, so there is no formula to evaluate the severity of a condition. They also do not have physical manifestations, like other conditions that may be easier to prove.
A: Most people get denied disability for lack of medical evidence. Your medical evidence must not only prove that your disability exists but it must also show the severity and extent of your condition. Your medical records must include the projected duration of your condition and how long it will impair you from performing certain tasks.
A: Not everyone who applies for disability gets denied their first time. However, it is very common. Denial does not always mean that the person’s condition does not qualify but could include other reasons such as insufficient medical evidence, insufficient work history, and inconsistencies in the application. Fortunately, if you are denied benefits, you have the option to file an appeal on the claim.
If you’ve been denied social security benefits, don’t lose hope. The attorneys at Gade & Parekh, LLP, can help you through the process. We understand disability laws and their complexities and can help protect your rights. Contact us to schedule a consultation today.
The post What Disabilities Are Hard to Prove? appeared first on Gade & Parekh.
]]>The post How Long Does It Take to Get Social Security Disability in California? appeared first on Gade & Parekh.
]]>There are many factors that determine how long it will take for you to receive social security benefits in California. Before you can start receiving payments, you must meet all of the eligibility requirements for Social Security Disability Insurance (SSDI). These requirements are as follows:
Additionally, you must have also worked for a certain number of years and have paid social security taxes during that time. The number of required years of work is based on your age and when you became disabled.
In total, it takes about three to five months to make a decision regarding your disability. Legally, a minimum of five months must pass before you receive your first payment. So, you can expect your first payment to be made about six months after it began. If your payments are delayed or you’re experiencing issues, do not hesitate to reach out to our skilled Social Security legal team for help.
Sometimes, the term “disability” is open to interpretation. A doctor recommending that you take time off work does not necessarily mean that you qualify for disability benefits. If you do not feel well enough to work, that does not automatically qualify you either. The Social Security Administration must agree that your disability is legitimately preventing you from working. For this reason, the SSA uses its own medical professionals and examiners to evaluate your disability.
If your claim is denied, there is a chance of getting the decision reversed through an appeal. Fortunately, many people are able to win if they appear in court for their appeal. Generally speaking, you will have to appear to present additional evidence of your disability and why you deserve benefits.
The process of determining social security benefits can be extensive. There are a number of steps in the process, all of which can affect how long it takes for your benefits to become active. In California, the California Disability Determination Service Division, a division of the Department of Social Services in California, handles the initial determination of your claim. An examiner will view your medical records to determine if you qualify for benefits.
The Social Security Disability Insurance process begins after you apply for benefits. Once your application is received, a representative will contact you for an in-person interview. Once you complete the interview, the representative will complete your paperwork and send it to the state agency. Here, it will be given to a disability claims examiner.
The examiner will then review your case. They will obtain your medical records from your doctor or the hospital you were treated at. This part of the process can take weeks or even months to complete.
Once these records are obtained, the examiner will work with a medical professional to make some determinations. These determinations include:
Medical records and work history are the two most important factors when determining disability. They are both key to proving your case. They are both unbiased forms of information helping to prove your status. You should also note that in California, there are additional benefits available to help supplement social security disability benefits. These include Medicaid, employer-based benefits, and short-term disability benefits.
A: It takes three to five months to get approved for social security disability in California. After you apply for benefits, a representative will contact you for an interview. After the interview is completed, your case will be sent to an examiner who will review its details. This review portion will likely take the longest.
A: There is no “fastest time” you can get approved for disability. The average time it takes for a decision to be made is three to five months. However, there are some people who get decisions made sooner than this and others who have to wait much longer. If your disability is on the approved list of disabilities and the medical records are readily available, you will likely get a decision faster.
A: The amount of time to complete a disability claim in California varies based on a number of factors. It can generally take just a few months if you apply in a timely fashion, have your interview, submit all necessary documentation, and then get approved. However, if you are denied and have to appeal the case, it will take a bit longer.
A: Typically speaking, the maximum back pay for SSDI benefits is twelve months before the date of the application. This does not include the five-month waiting period. Back pay is calculated by determining the monthly amount you are entitled to and multiplying it by the number of months within the back pay period.
If you need help with your social security disability claim in California, our skilled social security lawyers at Gade & Parekh, LLP, are ready to support you. We can assist you through the legal process and help you receive the compensation you deserve. Contact us today for more information.
The post How Long Does It Take to Get Social Security Disability in California? appeared first on Gade & Parekh.
]]>The post Is It Possible to Expedite My Social Security Hearing? appeared first on Gade & Parekh.
]]>The process of appealing a Social Security decision can be time-consuming and complex, but it often pays off. This leaves many disabled employees wondering if there’s any way to expedite their claim. Learning more about the SSDI appellate process can help you have a better chance of successfully obtaining the benefits you need.
If you become disabled from a work injury, you have the right to apply for SSDI benefits in California. To do so, you can either file an application online with the Social Security Administration (SSA) or go to your local SSA office in person. Once you’ve submitted an application with the proper information, you should receive a determination within the next few months. If you are approved, you will then be put on an SSDI waiting list for about five months until your benefits begin. If you are denied, or your benefits were taken away, you should begin appealing your claim as soon as possible.
To appeal an SSDI determination, you and your lawyer need to request a hearing with your local SSA office. All eligible individuals looking to appeal a Social Security determination must submit their hearing request within 60 days of the decision being made. Otherwise, the appeal will not be viewed as valid. After you have submitted a request for your appeal, you may find yourself waiting for months to hear back from a representative.
Because countless employees are requesting hearings 24/7, the SSA only expedites appellate hearings in unique circumstances. The following may help you improve your chances of expediting your hearing in California:
A: Waiting for an answer to an appeal request can be daunting. However, the SSA will give you proper notice as soon as your hearing has been scheduled. The law requires the SSA to notify an individual at least 75 days before their hearing takes place. If you waive your right to the 75-day notice, your hearing will most likely occur soon after you receive your notification.
A: Most appeals are referred to as “reconsiderations” because individuals are asking the SSA to reevaluate their claims. After you have your hearing with the SSA and present them with substantial evidence as to why you qualify for SSDI, it may take anywhere from a few weeks to six or more months to receive a decision.
A: During your appellate hearing, you are given the opportunity to discuss why your benefits should be reconsidered. You can bring in witnesses, medical records, and any evidence that you believe demonstrates your current disability. Your Social Security lawyer can help you compile a case that backs your request and then work to have the court see the impact of your injuries.
A: When a request for a hearing is flagged as a “dire need” case, it means that the individual asking for benefits is in some sort of immediate need of assistance. Dire need requests often involve workers who were critically injured and are unable to afford medical bills, housing, food, or other necessities, like the medical care they need to heal.
A: For a worker with a disability to qualify for SSDI, they must meet three essential requirements. Those requirements include:
Suffering an injury at work that results in a disability is life-changing. At the very least, you deserve the Social Security Disability Insurance benefits that you have been paying into with your yearly income. If you were denied after applying for SSDI in Northern California, our Social Security firm is prepared to help you appeal. Contact Gade & Parekh, LLP, to talk about your case with a Social Security attorney who cares.
The post Is It Possible to Expedite My Social Security Hearing? appeared first on Gade & Parekh.
]]>The post Top 5 Tips for Your Social Security Disability Hearing appeared first on Gade & Parekh.
]]>When you decide to appeal an SSA decision, it’s important that you’re prepared for a hearing. Our disability lawyers are ready to help individuals going through SSDI hearings here in California.
The most important aspect of any Social Security hearing is proving that you have an eligible disability and are in need of aid. Here are five things to know when you’re involved in Social Security hearings:
A: It’s crucial that your answers remain consistent during your SSA hearing and that you emphasize your inability to work. If you make comments about all the things you can still do or talk about how no one will hire an injured person, this still implies that you may be able to work. Don’t bring up personal issues that are off-topic, work that you can perform, or issues that are not relevant to a judge who is deciding if you have a qualifying disability.
A: The healing process for anyone with a disability is far from simple. Some days, your pain can be manageable, but you may be unable to get out of bed on others. When you’re appealing an SSDI claim, it’s imperative to answer questions based on how you feel the majority of the time. For example, if you are unable to walk most days of the week but can occasionally go to the grocery store, you should emphasize to the judge that you can’t walk a majority of the time and are unable to work.
A: When you’re asked about your daily activities, a judge wants to know whether your disability causes you pain or inconvenience when you perform them. Discuss how your injury has impacted basic activities such as:
If you experience pain or can’t do an activity at all anymore due to an injury, make sure that you make that known to your judge.
A: The appeal process for any Social Security determination can be lengthy. However, there are a few ways that you may be able to expedite your hearing, such as waiving your 75-day notice and having your case flagged. If your case is not flagged or expedited, it may take six or more months to have your hearing scheduled. If your case is flagged, you waive your 75-day notice, or a judge has approved expedition, your hearing may be scheduled within a few months.
When a disability prevents you from working and being able to care for yourself, it’s critical that the Social Security Administration understands the magnitude of your injury. At Gade & Parekh, LLP, we’ve helped countless disabled employees fight for the Social Security benefits that they deserve. Contact our California disability firm for legal support during a Social Security appeal today.
The post Top 5 Tips for Your Social Security Disability Hearing appeared first on Gade & Parekh.
]]>The post Residual Functional Capacity – How This Affects Your Social Security Disability Claim appeared first on Gade & Parekh.
]]>Social Security Disability payments are one such lifeline of support that individuals can turn to in these situations. To ensure that you are optimizing your chances of receiving your SSD payments and that you are receiving all the money you are entitled to, it’s important to stay up to date on the protocol for SSD payment applications and the associated concepts, such as residual functional capacity.
Social Security Disability Insurance, or SSDI, payments were set up by the federal Social Security Agency (SSA) to support individuals who are severely disabled and, therefore, no longer able to work. To qualify for SSDI payments, an individual must have a disability that will persist for a minimum of one year or eventually lead to death.
An additional requirement for receiving SSDI payment is that a severely disabled individual must also have worked enough years and earned enough money before becoming disabled. The individual applying for SSDI payments must also not be receiving substantial income, which will be calculated each year by the SSA. When an individual goes over this earning threshold, they will likely lose their SSDI payments.
Residual functional capacity, or RFC, is an idea used by the SSA to evaluate whether a person can work or perform activities needed to get a job, even though they are living with a mental or physical disability. It is one of the essential considerations that the SSA takes into account when determining whether a person is eligible for SSDI payments.
The purpose of RFC is to see how much an individual can still work and earn an income, even though they have particular mental and/or physical disabilities. RFC will consider all the physical and mental difficulties that a person may have and determine how this will impact their ability to carry out work-related tasks.
The ability to perform physical tasks will be evaluated, such as:
The SSA will also evaluate mental tasks, such as:
The individuals who are performing RFC assessments are medical providers or professionals. The evaluator will complete an individual’s assessment by considering medical information, such as checkups and examinations, clinical diagnoses, and other medical records, in their analysis. Overall, they are looking to understand what an individual could potentially be able to do if they were placed in a work environment.
After completing the RFC assessment, the evaluator(s) will need to determine whether the individual is able to carry out substantial gainful activity. If their ability to carry out tasks that can earn them money is hindered by their disability, causing them to lose access to a meaningful income, they will possibly be able to receive SSDI payments.
In the disability claims process, evaluating RFC is critical. Because this process will determine whether a person can carry out substantial gainful activity, it will ultimately decide whether they should be eligible to receive financial support from the government in the form of SSDI payments. These assessment outcomes can vary with time as requirements from the SSA change and the disability gets better or worse.
If you are unsure about certain aspects of the disability claims process and how you can navigate it to optimize the outcome of your case, then it is advisable to get in touch with a Social Security disability lawyer. Such a lawyer can help inform you of your rights, help you understand the benefits you are entitled to, and walk you through the bureaucratic processes.
A: If your SSDI application was rejected, you have the right to appeal within a limited time period, which is 60 days from learning about your decision. During the appeals process, you will need to participate in a hearing in which a judge will hear your case. The judge will issue a response to your appeal within 45 to 90 days of the hearing.
A: Arthritis is one of the most commonly approved disabilities by the SSA because it is one of the most common disabilities in the United States. Other musculoskeletal illnesses, such as tremors, are commonly approved as well. It’s important to speak with a lawyer to determine your eligibility for SSDI payments.
A: If you have a severe medical condition that improves to the point where it is no longer debilitating, and you are now able to engage in work, then you can lose access to your SSDI benefits. In addition to better health conditions, you can start to lose payments (or parts of payments) if you are earning above a certain amount.
A: The time it takes in total to hear back from the SSA regarding your SSDI decision is about a few months. However, this time can vary based on how busy the agency is with evaluating applications. To have a better idea about the timeline of your SSDI benefits application, it is advisable to work with a lawyer.
If you are still feeling confused and overwhelmed by the federal bureaucratic processes required to obtain SSDI payments, call our firm. Speaking with an SSD lawyer who has experience in Social Security benefits can ensure a much smoother process. Gade & Parekh, LLP, is here to answer any questions or concerns that you may have regarding Social Security. Get in touch with a member of our legal team today to discuss your case.
The post Residual Functional Capacity – How This Affects Your Social Security Disability Claim appeared first on Gade & Parekh.
]]>The post What You Need to Know About Transitioning From Child SSI to Adult SSI appeared first on Gade & Parekh.
]]>If you or a loved one are receiving child SSI and getting closer to the age of 18, this can be stressful and disorientating. You may be anxious that you may no longer receive the payments that have become a lifeline to help care for the disability. However, there is no need to panic, as about 1 in 3 children lose their SSI payments after turning 18. By keeping informed on the transition process and the eligibility requirements for SSI, you can help increase your chances of passing the redetermination process.
When a child reaches the age of 18, their eligibility for regular Social Security payments will need to be properly evaluated. The Social Security Administration (SSA), or the federal agency responsible for issuing government disability payments, will need to take many factors into account. The eligibility requirements for regular Social Security payments are different from that of child Social Security. Therefore, to evaluate a child’s eligibility for these requirements, the SSA will make contact with the child in the year before they turn 18.
The information that the SSA will request details on is related to medical circumstances, income, and legal status in the country. The following includes information that the SSA will request and take into account for the redetermination process:
Employees from the SSA, as well as hired doctors, will take part in the determination process to decide whether a minor is eligible for adult Social Security payments. The SSA will send written notice of the decision to continue or discontinue payments after they reach a conclusion.
If the SSA sends you a letter confirming that your application to transition from child SSI to adult SSI payments was rejected and that you or your child will no longer be able to receive payments after turning 18, then you can always appeal this decision.
You have 60 days of receiving the letter or notification from the SSA to appeal the decision and request them to look at your application again. Also, if you respond within 10 days of receiving the letter, then you can continue to get SSI payments during the appeals process.
A: It’s important to keep in mind that, although Social Security disability benefits turn into regular Social Security benefits upon reaching retirement, this process does not automatically occur. Retirement age can be anywhere from 65 to 67 in the United States, and this depends on what year the beneficiary was born.
A: Child supplemental security income payments are not considered to be taxable income. This is also applicable to adults who are receiving SSI payments. Because Social Security is a federal initiative that is based on the needs of the beneficiaries who are blind, disabled, or elderly, the payments cannot be taxed.
A: When determining whether your child is eligible to get Social Security benefits, they will take into account:
To receive SSI, the countable income will have to fall within a certain range, which is often subject to change. The current limit can be provided more specifically by calling the SSA.
A: SSI benefit payments are for children under 18 and should go toward purchasing goods and services that will help meet their most basic and immediate needs, such as:
SSI benefit money should not be spent on anything superfluous or on a person other than the child who the SSI payments are addressed to.
If you are worrying about potentially losing critical government support for your child’s medical condition or disability after they turn 18 or even have questions about the logistics of transitioning, an experienced Social Security lawyer can assist you. At Gade & Parekh, LLP, our Social Security lawyers have experience with similar cases to yours, in which concerned parents were wondering what their next steps would be to continue receiving government support for their children.
At our law firm, our Social Security legal team is deeply up to date on federal policy and guidelines that determine Social Security payments. We know how to streamline certain SSA processes to ensure that the application or appeal process runs as smoothly as possible. Get in touch with the legal team at Gade & Parekh, LLP, today to discuss your concerns and come up with a plan for your child’s future.
The post What You Need to Know About Transitioning From Child SSI to Adult SSI appeared first on Gade & Parekh.
]]>The post 5 Necessary Questions to Ask Your Sacramento Social Security Disability Attorney appeared first on Gade & Parekh.
]]>Hiring such an attorney can be a difficult process, but knowing the right questions to ask can help you not only pick the right attorney for you but help them understand the needs of your case. Here are the top five questions you should ask your Social Security Disability lawyer.
An attorney should inform you upfront of the costs that you can expect with your case. Although the fees and costs you could incur may vary depending on your attorney, the Social Security Administration places a limit on the amount that a lawyer can charge. The cap is 25% of the owed benefit up to $7200, whichever amount is lower.
In many cases, you will not pay your attorney directly, but the Social Security Administration will deduct the fees for your attorney from your benefit before paying you. If your case is unsuccessful, however, and you need to go through the appeals process, the fees owed may change.
Law is an expansive and varied profession, and some firms may practice in many different areas. However, when working with a lawyer who is going to assist with your Social Security Disability claim, you will want one who is knowledgeable about the technical requirements that are needed to argue your claim. They should be familiar with the following:
Like most industries, practicing law is a unique experience for each lawyer. While there are some processes that will be consistent across all types of law, each attorney will have their own individual way of practicing their particular area of the law. This is true for Social Security Disability lawyers, and you want to be sure that their approach meets the needs of your case. Your attorney should be familiar with the tools available to them to build an argument for your case, including:
Not every SSD case will be approved, and yours may need to go through the appeals process. In fact, between 40% and 70% of cases will be denied. Having a lawyer who can help with your case throughout the entire process can ensure that you don’t need to start over if you need to file an appeal. Your lawyer may be able to find mistakes that were made by the judge, and their familiarity with the case can allow them to quickly adjust.
This may be one of the most important questions because the end result ultimately impacts your life. You should expect to fully be involved and participate in the process. Knowing how you can help your lawyer and what you can do to help increase your chances of winning is important. From assisting with gathering necessary medical documentation to ensuring that you maintain regular medical treatments, your efforts are vital to the process. You need to remain open to suggestions made by your attorney.
A: Maintaining the truth about your medical condition in the interview is the most important element to remember. You will not want to exaggerate any details. Common statements to avoid include:
A: Preparing for your disability interview should involve gathering the necessary evidence to answer questions truthfully and without exaggeration. You will want to be familiar with:
A: Passing your Social Security Disability interview is a matter of your preparation and listening to the advice and suggestions of your attorney. Being honest in your answers, while speaking only about the facts of your disability, can help you establish credibility with the interviewers. Be sure that you bring the necessary documentation with you, as that can help provide the evidence in your case.
A: There are many questions to ask, but some include:
These types of questions help you to determine the skills, abilities, and expectations of your lawyer. That way, you can be prepared to help them with your case and trust that they can represent you.
If you are suffering from an injury or disability that is preventing you from completing the duties of your job, you may qualify for Social Security Disability benefits. At Gade & Parekh, LLP, our team can help by examining the facts of your case and explaining the options that you may have. Contact our offices today to schedule a consultation.
The post 5 Necessary Questions to Ask Your Sacramento Social Security Disability Attorney appeared first on Gade & Parekh.
]]>The post How to Find the Best Sacramento SSD Lawyer appeared first on Gade & Parekh.
]]>Knowing how a disability attorney can assist, and what to look for in one, can help you make the right decisions.
A disability attorney can provide the knowledge needed to assist you through the steps of the Social Security Income or the Social Security Disability Income process. Their experience allows them to advocate on your behalf and help you with the following:
These reasons, in addition to others, can help you confidently make the decision to hire a disability attorney when you may otherwise be inclined to try to handle your case on your own to save money.
Conducting a search of disability lawyers in Sacramento will no doubt provide you with a list of lawyers who practice disability law. However, knowing which one is right for you may take a little more than looking at a list. Here are some suggestions you can use to help you make the right decision:
Taking these considerations into account when seeking the help of a disability lawyer can help you make the right choice for the needs of your case. The benefits of utilizing an experienced disability lawyer mean that you can:
A: In any disability interview, it is important to maintain the truth when discussing the facts of your case and avoid any exaggerations. Common statements to avoid include:
A: Disabilities that relate to the musculoskeletal system, such as arthritis, are the most common disabilities that are approved for Social Security Disability benefits. Often, this is because these types of disabilities make it difficult to perform day-to-day tasks both at home and at work. These are also the most common types of disabilities in the US.
A: Most legal practices charge based on the circumstances of the case. However, Social Security Disability lawyers are subject to the limitations set by the Social Security Administration. An attorney is limited to either 25% of the amount that you are paid or $7200, whichever amount is lower. In some cases, Social Security will pay this directly to your attorney.
A: A fully favorable decision means that the Social Security Administration has fully approved your application, including the onset date you provided. Once you have gained this approval, you will start to receive your benefits at the conclusion of your elimination period. This period is five months, and your first payment will arrive in the sixth month.
If you are in need of an experienced Social Security Disability lawyer, contact Gade & Parekh, LLP. Our team is ready with the skill and experience to guide you through your case.
The post How to Find the Best Sacramento SSD Lawyer appeared first on Gade & Parekh.
]]>The post What to Do If You Received an SSDI Termination Letter appeared first on Gade & Parekh.
]]>If you believe the Social Security Administration (SSA) made a mistake, or you’re unsure why you’ve been terminated from the program, we can help. Our team at Gade & Parekh, LLP, has helped several Californians with various social security issues and ensured that they received the benefits they were entitled to. You may not know how to fully present your case, or you may leave out crucial details that would strengthen your argument. By speaking with us beforehand, we can evaluate your situation in full and create a strong case that may allow you to receive benefits again.
If the SSA believes that you don’t qualify as having a disability, they will terminate your benefits. While you’ll receive benefits for two more months after the letter is sent, you may still qualify for their program.
To be considered disabled, you must have a mental or physical condition that could result in one of two situations.
You shouldn’t have to work if you have a disability, and if you’ve received a termination letter, you may wonder what to do next.
If you believe that you deserve social security benefits despite hearing otherwise, you have the right to appeal the SSA’s decision to terminate your benefits. If you previously were denied social security and appealed the decision, this scenario works nearly the same way.
Before filing an appeal, however, you may want to contact an attorney who understands social security law. Proving that you have a disability can be challenging in any case, but an experienced attorney can fight for the compensation you deserve. If you submit your appeal no later than ten days after you receive the letter, you can still receive benefits while the SSA processes your appeal. If you miss the ten-day deadline, you can still submit an appeal, though you won’t collect any benefits while they process it. If the SSA agrees with your appeal, you’ll receive your benefits as usual. However, if they determine that you’re not disabled, then they will terminate your benefits as they originally intended. This can be a frustrating experience, but a lawyer can still be brought in to challenge the SSA’s decision if they continue to deny your appeal.
Proving that you’re disabled can be complex. However, this scenario becomes easier if you have help from a qualified SSDI attorney.
You may leave out crucial details if you were to appeal the decision alone. You may also submit an appeal improperly or incorrectly. By speaking with an attorney beforehand, they can ensure that your appeal presents the strongest possible case for your situation. The SSA tends to deny appeals frequently, but mistakes do happen everywhere. No matter your situation, you have the right to challenge the SSA’s decision, and an attorney can help you adequately present your case.
A:You will lose your benefits after two months following a notice from the SSA about the termination of your benefits. You’ll receive a letter in the mail notifying you that your benefits will be terminated, and once they are, you won’t be able to collect money every month. If you believe that you still deserve compensation, you have the right to appeal the decision.
A: The SSA most likely believes that your situation doesn’t qualify as a disability anymore, or they made a mistake and terminated your benefits when you still qualify. To be considered disabled, your condition must prevent you from working, as working could result in death, or your condition will last at least a year. If your benefits are terminated, file an appeal, and speak with an attorney immediately.
A: No, your SSDI cannot be stopped without first notifying you of the situation. This must be done in writing, and they must also inform you as to why your benefits are being determined and what you can do about it. If your benefits stop, and you didn’t receive a notice, you either didn’t see it in the mail, or the SSA made a mistake. In either case, have an attorney work with you to resolve the problem.
A: If you’ve been enrolled in the Ticket to Work program, you’ll collect social security benefits while maintaining employment. If the SSA believes that you no longer qualify for this program, they will terminate your benefits. Your benefits will then end in the month the program is terminated. Of course, you can appeal this decision and defend yourself alongside a knowledgeable attorney.
Losing your SSDI benefits out of nowhere can be scary, but you have legal options available. Many choose to file an appeal instantly, but they forget certain details that would strengthen their case and prove they’re correct. If you believe that you still qualify for benefits, despite being notified of termination, it’s crucial that you speak with an attorney immediately before filing an appeal. If you live in California, we can help defend you.
At Gade & Parekh, LLP, we evaluate our clients’ cases carefully and use our knowledge of SSDI law to build a strong defense against termination notices. The SSA can be intimidating, which is why many struggle to retain their benefits. Even if they’ve made a mistake, it can be difficult to prove that you’re in the right. We have several years of experience challenging the SSA and receiving or retaining compensation for many Californians, and we’re prepared to help you as well.
Contact us today to learn more.
The post What to Do If You Received an SSDI Termination Letter appeared first on Gade & Parekh.
]]>The post Can You Receive Social Security and VA Disability? appeared first on Gade & Parekh.
]]>Our team at Gade & Parekh, LLP, has spent several years working with veterans to ensure that they receive the compensation they’re entitled to. The process for applying for social security and VA disability can be daunting, but we’re prepared to walk you through every step of the way.
If you developed a physical or mental illness, or became injured during your service, you may qualify for VA benefits. This is also the case if you have a preexisting condition that became worse due to your time spent in the military. For social security, you only need to have spent enough time working and paying social security taxes to qualify for benefits.
In terms of medical requirements, you may be eligible for social security if you have a severe enough condition that prevents you from working for at least a year or if your condition could lead to death. While VA requirements are similar, this will be determined based on a scale. For example, if you had a limb amputated, they’ll determine if the amount of the limb that was amputated is enough to prevent you from working. It’s possible to receive a 100 percent disability rating if you were to have multiple disabilities.
Should you qualify for VA and social security, you may be entitled to several benefits. When applying for social security, they may look at any relevant information you submitted to the VA to determine your eligibility.
If you qualify for social security disability insurance (SSDI), you can receive compensation for yourself and other family members. Supplemental security income (SSI) allows those who are disabled, blind, or over the age of 65 to receive money monthly. This amount is approximately $770 a month for an individual and just over $1,100 for a disabled couple. Of course, if you retire, you’ll receive compensation monthly after your retirement date.
Many veterans looking to apply for VA or social security attempt to navigate the process alone only to be met with confusing details or rejection. It’s highly recommended for anyone wanting to apply for either program to speak with an attorney first.
It can be difficult to prove that you have a disability or medical condition that prevents you from working, especially if you became injured or ill during your service. To strengthen your case, have an attorney look over all the relevant paperwork and evidence you have so they can present it accordingly. If you ever become confused at any step of the process, or need clarification on what benefits you can receive, a knowledgeable attorney can inform you of your rights while fighting for compensation.
A: While it’s not guaranteed that you’ll get social security, you can be eligible for it if you’re 100 percent disabled. You must meet certain qualifications to receive social security as a disabled veteran, such as having a severe injury that prevents you from working at all. If you attempt to work with an injury or illness and risk dying, you may be able to receive both VA and social security benefits.
A: If you qualify for SSI, your VA income will be considered “unearned income.” The amount you receive from VA will be deducted from the amount you would receive from SSI, along with a $20 general exclusion. However, SSDI is unaffected by VA, meaning you’ll receive the full amount from both programs. VA disability pay only affects you if you also have SSI benefits.
A: Your VA disability will not end when you turn 65. When you turn 65, you may be able to receive VA pension benefits. Generally, age does not affect your VA status, and even if you pass away, your benefits could pass on to your spouse. Your work history doesn’t matter if you’re 65 and are requesting compensation.
A: Yes, they can receive both VA and social security benefits. Their age and work history won’t factor into their ability to receive compensation. If you can prove that you are a veteran with a disability that prevents you from working, you may be entitled to compensation from both types of programs. While you aren’t guaranteed social security in any situation, you can be eligible for it if you can prove that you qualify.
Social security isn’t guaranteed, yet many veterans in California wonder if they can receive benefits. Fortunately, if you’re able to prove your case, and show that you qualify for this program, you can collect compensation alongside your VA benefits and vice versa. Navigating this legal situation, and proving you deserve compensation, is more complex than many realize, which is why we’re here to help.
Gade & Parekh, LLP, knows how intimidating the legal system can be, especially when you’re looking to receive monthly benefits. However, veterans deserve to be treated with respect and consideration, as they have risked their lives to protect our country. They shouldn’t have to worry about trying to work with a severe illness or injury that could lead to more problems later. Social Security and VA programs don’t have to be complicated, and we’re prepared to answer any questions you have about applying for either.
Learn more about what we do by contacting us today.
The post Can You Receive Social Security and VA Disability? appeared first on Gade & Parekh.
]]>