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Author: Nancy Cavey > Articles posted by Nancy Cavey (Page 70)

Social Security Disability and Veterans Disability Claims.

Are you a disabled veteran who has applied for Social Security Disability benefits? You can get both Social Security Disability and Veterans' benefits. There is nothing that stops you from getting two federal disability checks from two separate federal agencies. Think about it: medical records are the basis of your claim for both Social Security Disability and Veterans' benefits. Make sure that both the Disability Examiner or your VA and Social Security Disability Claims Examiner are aware of all of your medical treatment, including your military treatment, names of your doctors and addresses of your providers. That will make it...

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No. 2 – My spouse is working. Will their income affect whether I’m entitled to Social Security Disability benefits?

If you're applying for SSI disability benefits and your spouse works, this may prevent you from getting SSI. If you get SSI, the amount earned by your spouse can potentially reduce the amount of your check. However, if you're applying for Social Security Disability benefits (SSDI), then your spouse's earnings have no effect on your claim. It won't impact your eligibility to apply for disability benefits, to get disability benefits or have any impact on the amount of your benefits. Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney...

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No. 7 – Are you eligible for Social Security Disability?

To be eligible to file an application for Social Security Disability benefits you have to be insured. What? Now, I know that you haven't completed a disability application or paid a premium, so what do I mean by being insured? The payroll deduction that your employer makes into the Social Security system is how you become insured. You have to be in the workforce for 20 out of 40 quarters to be insured. If you have a gap in your work history because of illness, you may have lost your insured status for Social Security Disability, or you may simply have never...

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No. 8 – I’ve been denied Social Security Disability benefits. What do I do next?

You have three choices: you can give up, file a brand new Social Security Disability application, or you can file an appeal. I'm a fan of Winston Churchill, and my motto is "Never give up!" You have to understand that most initial disability applications are denied and, in fact, are also denied a second time at the "request for reconsideration" stage. Your chances of winning at the disability hearing stage level rise significantly, particularly if you have attorney representation. We rarely contemplate having you start over with a new application and only suggest it if there is some technical reason for your denial. At...

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No. 9 – Should I file a new disability application with the Social Security Administration?

At Cavey & Barrett we find that most disability claimants who have been denied Social Security Disability should appeal their disability denial instead of filing a new disability application. As we've explained, it's in a claimant's best interest to move your case to the disability hearing stage. Unfortunately, there are hoops that you have to jump through before you get to that administrative law judge. You first have to have your disability application denied, file a request for reconsideration, be denied, request a disability hearing, and finally (at long last) get in front of the administrative law judge where your chances...

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No. 10 – I’ve been denied Social Security Disability benefits. Can I appeal?

Absolutely. Your notice of denial will provide you information regarding how you go about filing an appeal. There are some things that you need to be aware of: (1) The majority of Social Security Disability claims are denied. Nationally, about seven out of 10 initial claims are denied and eight out of 10 requests for reconsideration are denied. In Florida, the denial rate is approximately 64.9 percent; (2) A large percentage of Social Security Disability claimants who are denied and who decide to appeal are eventually approved for benefits. Follow Winston Churchill's famous statement, "Never give up!" (3) At each step of the disability...

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No. 12 – Help! My claim for disability benefits has been denied. What should I do next?

The second step in the Social Security Disability evaluation process is filing a request for reconsideration. There are some secrets that you need to know: (1) when you file your request for reconsideration, provide updated information regarding any visits you've made to doctors, hospitals, and clinics since you filed your initial application together with the addresses of those medical providers; (2) If you have the most recent medical records, submit them with your request for reconsideration. Why? Your request for reconsideration can be held up while the office of disability determinations waits for your updated medical records. However, keep a copy of...

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No. 14 – When should I get a Social Security Disability attorney?

The answer depends on you and your needs. We find that some claimants benefit from having representation at Cavey & Barrett from the very beginning, so that they understand the Social Security Disability claims process and get assistance in filling out their initial application. Others find that Cavey & Barrett assists them in avoiding missed deadlines and having to avoid the stress of dealing with the Social Security Administration. More often than not, Social Security Disability applicants come to Cavey & Barrett after their initial application has been denied. While we are more than happy to represent you at any stage...

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No. 15 – Can I work while I am getting Social Security Disability benefits?

People who apply for Social Security Disability benefits are in a different position from those who are already getting Social Security Disability benefits. If you are receiving Social Security Disability benefits and are working on a trial work period, you can only work nine (9) months in a 5-year period and earn $960 per month. Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188. ...

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