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Can I Attempt A Trial Work Period While Collecting Social Security Disability Benefits?

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Yes! The Social Security Administration has a trial work period (TWP) that lets you test your ability to work for at least 9 months. You will receive your full Social Security benefits, regardless of how much you earn, so long as you report your work activity and continue to have a disabling impairment.In 2014, the trial work month is any month in which your average earnings are over substantial gainful activity (SGA) and your total earnings are more than $1,070. A trial work period will continue until you work 9 trial months within a 60 month period. Months don’t have...

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Should I Handle My Own Long Term Disability Claim?

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Sure! Anyone can handle their own disability claim. However, it is rare for those who are unrepresented to be successful in an appeal to get the disability benefits they deserve.Long term disability attorneys, such as Nancy Cavey, have the knowledge and experience to handle your long term disability claims. Unfair carrier tactics Many long term disability carriers will often take advantage of policy holders by employing unfair tactics to delay and deny your claim. They’ll ask for the same information over and over, contact your doctors needlessly and drag their feet before making a decision on your claim.Having a long term disability...

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Can I Receive Social Security Disability Benefits For A Closed Period Of Time If My Health Is Improved?

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That depends!You can’t be eligible for a closed period of disability if:The medical evidence establishes you are unable to engage in substantial or continuous period of 12 months, but by the time your disability decision is made, your condition has improved to the point where you are no longer disabled;You haven’t filed an application within 14 months after the period of disability has ended.How much can you get in retroactive benefits? If you do meet the requirements for disability benefits, there’s a 5 months waiting period before you get your first monthly benefit. You can receive up to 12 months of...

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Can I Collect Social Security Disability Benefits And Work?

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The Social Security Administration (SSA) has special rules that allow you to test you ability to return to work while you’re still receiving monthly Social Security Disability benefits.The Social Security Administration has written a publication “Working While Disabled – How We Can Help” that you can order at www.socialsecurity.gov/work. Don’t jeopardize your rights to Social Security Disability benefits without understanding the work incentive rules!The Social Security Administration doesn’t always make it easy for those who are disabled to get the Social Security disability benefits they receive. Contact Social Security Disability attorney, Nancy Cavey, at 727-894-3188, if your application for Social...

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Social Security Disability Benefits For Wounded Warriors

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Military service members who became disabled while on active military service on or after October 1, 2001, regardless of where the disability occurs, may be eligible for expedited processing of their Social Security Disability claims. How you qualify for Social Security Disability benefits! Social Security Disability benefits are different than the VA. The Social Security Administration has its own claims process (linked to our articles) and to be found disabled for Social Security purposes, you must: Be unable to do substantial work because of your medical condition(s); andYou medical condition(s) must have lasted or be expected to last at least one year or...

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Cardiomyopathy And Florida’s First Responded Presumption

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In a case of Orange County v. Wilder, the 1st District Court of Appeals has ruled that viral cardiomyopathy constitutes heart and “heart disease” as the term is used in Section Florida Statute 112.18.  If a presumption applies, a first responder is under no obligation to establish occupational causation and the employer has the burden to prove that they did not get the virus at work.Are you a first responder and have a question about this issue? We represent all over the state of Florida First Responders who need help just like in this situation. Give us a call 727-894-3188...

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Law Enforcement Agencies Don’t Have To Tell First Responders About The Statutory Presumption

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The 1st District Court of Appeal recently ruled that there is no requirement that an Employer/Carrier provide injured law enforcement officers information regarding the statutory presumption.Officer Guevara was employed by the City of North Bay Village and was placed on light duty on March 15, 2007 after a physical revealed his blood pressure was elevated. His supervisor completed a Notice of Injury and the City of North Bay Village, through Florida Municipal Insurance Trust/Florida League of Cities, sent Officer Guevara an initial claim packet which included an informational brochure approved by the Department of Financial Services.The packet did not enclose...

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How To Deal With Erisa Disability Insurers Claims And Reimbursement For Social Security Overpayments

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Many Long Term Disability plans provide that the policy holder must properly refund any lump sum retroactive Social Security Disability payment and send the overpayment amount within 30 days of the receipt of the notice from the Long Term Disability carrier. If you fail to make reimbursement, many carriers will claim reimbursement of the overpayment of disability benefits that occur due to your receipt of Social Security benefits pursuant to 29 U.S. Code Section 1132(a)(3).In Great - West Life and Annuity Insurance Company v. Knudson, 534 U.S. 204(2002), United States Supreme Court addressed a carriers’ right to enforce a reimbursement...

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Unemployment Benefits And Your Rights To Social Security Disability Benefits

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The receipt of Unemployment Insurance benefits does not prevent you from getting Social Security Disability benefits.In Cleveland v. Policy Management Systems Corp. 526 U.S. 795 (1999), the United States Supreme Court held, in a unanimous decision, that a claim for Social Security Disability benefits is consistent with a claim for relief under the Americans with Disabilities Act (ADA), even though there must be an ability to work in order to obtain relief under the ADA.The United States Supreme Court held that under the presumptions embodied in the 5-Step Sequential Evaluation process, a person can qualify for Social Security Disability benefits...

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How Do Long Term Disability Carriers Use Position Statements To Deny Fibromyalgia Claims?

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Many long term disability carriers are in the business of collecting premiums and not paying benefits to fibromyalgia policy holders. Many long term disability carriers will deny fibromyalgia claims on the basis that fibromyalgia is largely based on self reported symptoms and that there isn’t any objective evidence of restrictions and limitations.It’s not uncommon to see a denial letter language that describes fibromyalgia syndrome as a functional somatic syndrome. The denial language will say that FMS sufferers symptoms are “exacerbated by a self-perpetuating, self-validating cycle in which common, endemic, somatic symptoms are incorrectly attributed to serious abnormality, reinforcing the patient’s...

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