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What Every Social Security Disability Recipient Needs To Know About Discharging Your Federal Student Loans As A Result Of Total And Permanent Disability

social security disability student loan discharge

Federal Student Loans, including FFEL, Direct Loans and Perkins Loans are eligible for forgiveness if the student loan debtor is found to be "totally and permanently disabled" (TPD).The Department of Education is required to accept a Social Security Administration Notice of Award for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits as proof as a borrower's total permanent disability, if the Notice indicates that SSA will review the borrower's continuing eligilbity for benefits once for every five (5) to seven (7) years.However, if your Notice of Award indicates a disability review less than five (5) to...

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Chronic Fatigue Syndrome Gets A New Name

new name for chronic fatigue systemic exertional intolerance disease

The Institute of Medicine (IOM) has recommended a new name and new diagnostic criteria for Chronic Fatigue Syndrome. According to Institute of Medicine, the term, "Chronic Fatigue Syndrome can result in stigmatization and trivialization and should no longer be used as the name of this illness."The suggested new name is Systemic Exertional Intolerance Disease and the new diagnostic criteria being suggested requires that the patient have the following three symptoms:1. A substantial reduction or impairment in the ability to engage in pre-illness levels of occupational, educational, social or personal activities that persist for more than six (6) months and is...

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Social Security Disability Allowance Rates

The Social Security Administration (SSA) doesn’t make it easy for those who are disabled to get the Social Security Disability benefits they deserve.  In fact, Initial and Reconsideration level awards at the Initial level is only 33% and at the Reconsideration level 11.3%.That’s not far off from the Florida 2015 average award of 30.5% at the Initial level, and 10.7% at the Reconsideration level. What Should I Do If My Disability Claim Has Been Denied? Don’t give up!  While the odds are not in your favor either at the Initial or Reconsideration level, the odds are better at the Hearing level where...

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Social Security Administration May Appoint A Representative Payee In Your Social Security Disability Case

If the Social Security Administration (SSA) determines that a beneficiary is unable to handle their own funds, SSA will appoint a representative payee, who will receive the funds on behalf of the beneficiary.The representative payee will act as a trustee over the funds and is supposed to make sure that the funds are used solely for the immediate and foreseeable needs of the beneficiary.  Any remaining benefits are to be conserved or invested by the representative payee pursuant to the rules.However, when a beneficiary becomes capable of handling their own funds, they are no longer in need of a representative...

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What Does The Term “Disability” Mean In My Disability?

what does disability mean

There is no uniform definition of disability. You have to get your policy and review it closely. Disability is one of the most litigated policy terms because when you file a claim for disability, the insurer has to determine if you’re disabled based on the definition of disability within the policy.What are all the Various Types of Disability Policies? There are “Own Occupation” disability policies which will pay a policy holder if they’re unable to engage in his or her own occupation.Other policies are known as “Any Occupation” policies that pay if you’re unable to engage in any occupation but you’re...

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More Bad News About The Delay In Social Security Hearings

social security disability hearing delays

The time for Social Security Disability hearings gets longer.The Social Security Administration doesn’t always make it easy for those who are disabled to get the Social Security benefits they deserve. It’s not uncommon for initial applications, and even requests for reconsiderations, to be denied and, as a result, the Social Security Disability applicant has to file a Request for a Hearing.What’s a Request for a Hearing? A Request for a Hearing asks that the case to be transferred to a Social Security Disability Administrative Law Judge to have a hearing on an applicant’s right to Social Security Disability benefits. At the...

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Do I Have To Cooperate During A Functional Capacity Evaluation In A Long Term Disability Claim?

FCE and IME disability long term disability

Disability policies generally require policy holders who apply for disability benefits to undergo an Independent Medical Evaluation or even a Functional Capacity Evaluation. If your policy allows for these and you’ve been requested to undergo such an examination, you have the duty to cooperate.What Happens if you Refuse to Perform Tasks Requested or Don’t try Hard Enough During the FCE? Your claim can potentially be denied for “lack of cooperation.” In the case of Ortega-Candelaria v. Johnson & Johnson, 2014 WL 2696725 (1st Cir. June 16, 2014), Mr. Ortega-Candelaria applied for disability benefits and was asked to undergo a Functional Capacity...

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What You Need To Know About A.L.S. And Your Claim For Long Term Disability Benefits

als long term disability

You may have purchased a long term disability policy through your employer, or on your own, to provide you and your family peace of mind if you became disabled. Unfortunately, long term disability carriers don=t always make it easy for those with Amyotrophic Lateral Sclerosis (ALS) to get the disability benefits they deserve.ALS has gotten a lot of news lately because of the ALS ice bucket challenge.Recent Epidemiological Studies About A.L.S. Many Americans connect ALS with athletes and sports because Lou Gehrig, the great Yankees first baseman, died of ALS. A recent epidemiological study revealed that physical activity, work, sports or...

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What Sort Of Medical Treatment Will Trigger A Pre-Existing Condition Exclusion In An Erisa Governed Disability Plan?

pre existing disability ERISA

Many disability plans will have a pre-existing condition clause that prohibit the payment of LTD benefits, if you received medical treatment for a specific period of time before the start of the disability. For example, in the case of Kutten v. Sun Life http://espaciosvivos.es/bw/2014/05/25/green-coffee-bean-weight-loss-does-it-work/http://overhallahus.no/ji/pure-green-coffee-bean-extract-western-australia/ Assurance company of Canada, 2014 WL 3562784 (8th Cir. July 21, 2014), Kutten’s ERISA long term disability policy had a pre-existing condition exclusion clause. The policy defined a pre-existing condition as one in which the employee “received medical treatment, care or services, or took prescribed drugs or medication for the disabling condition 3 months before...

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Am I Entitled To Attorneys Fees At The Expense Of The Disability Carrier If They Paid Benefits After A Lawsuit Is Filed?

attorney fees long term disability carrier

If you purchased your disability policy through your employer, your policy is covered under the ERISA law. The disability carrier has the discretion to pay your benefits and, many times, will improperly deny legitimate disability claims. Sometimes filing a lawsuit is what it takes to get your benefits granted.What about Attorneys Fees? In ERISA cases, a court may, in its discretion, award attorneys fees if the parties achieve “some degree of success on the merits.” Is the Mere Filing of a Lawsuit After a Plaintiff Files an ERISA-governed Disability Benefit Claim Sufficient to win an Award of Attorneys Fees? It depends on where...

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