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Understanding the Black Hole of the Social Security Disability Claims Process and Your Initial Application for Benefits

Completing a Social Security Disability application can be confusing and time consuming. Once that application is completed and received at your local Social Security office what happens with it next? It is sent to the Disability Determinations Service, DDS, a state agency that is funded by the federal government, where a DDS examiner will look at your claim. Did you know that over 75% of claims are denied at this stage?If your claim is denied at the initial application stage, you must file a Request for Reconsideration within 60 days of the date of denial. If you don't, you lose...

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Is Your Social Security Disability Claim Vulnerable Because Your Social Security Disability Attorney Doesn’t Know the Ten Things that Should Be Done in Every Social Security Disability Claim?

Social Security Disability law is complicated and time consuming. However, an experienced Social Security Disability attorney, such as former Social Security Disability staff attorney, Sharon Barrett, knows that there are ten things that should be done in every Social Security Disability claim:Meet with you personally to discuss your Social Security Disability claim. Explain the Social Security Disability claim’s process and explain the strategy which will be implemented to win your claim. Get a copy of your Social Security file from the Social Security Administration. Get a copy of your medical records. Assess your claim and determine whether or not it will meet Social Security...

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C&M Shull Forms Worker’s Compensation Advisory Group

State of Florida Insurance Consumer Advocate, C&M Shull, has formed the Workers’ Compensation Advisory Group. This group has diverse members of the workers’ compensation system and has invited members of the workers’ compensation section to participate.The Office of Consumer Advocacy is expected to “recommend changes in the workers’ compensation system”.We will keep you advised....

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You’ve Made the Difficult Decision To File for Social Security Disability Benefits but How Do You Go About Doing It?

There are three different ways to start the Social Security Disability claims application:Go online at ssa.gov. Visit your local Social Security Disability field office. Call them on the phone.Which one is right for you? It really depends on your personal circumstances. If you can’t get to the local Social Security Disability office we suggest that you apply online or by phone.However, we think the wiser choice is to visit the local Social Security Disability  field office if you are able and if you are prepared with the following:A list of all of your medical providers and their addresses. Copies of your medical records. A...

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What is a Consultative Examination in a Social Security Case?

What is a Consultative Examination in a Social Security Case? A: If your medical records don’t document your disability, a Social Security Disability examiner may schedule you for what is called a consultative exam (CE).A consultative exam is an evaluation by a physician or psychologist, picked by Social Security to assist them in assessing your medical condition and functional limitations. If you have your own primary care doctor, it is probably better to ask Social Security to designate your doctor as the consultative exam.If you don’t have a doctor or your doctor will not cooperate or the medical records simply don’t...

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Surveillance Film and Long Term Disability Fibromyalgia Claims

Ms. Holer, who was insured by Hartford Life, filed a long term disability claim, based on the diagnosis of fibromyalgia, thoracic outlet syndrome and low back pain. She was initially approved by Hartford, but they placed surveillance on her, in an effort to terminate her benefits.The surveillance video showed her outside her house before she went to a work evaluation scheduled by Hartford, outside a shopping mall after the evaluation appointment and outside her house after the evaluation.The Judge in Holer vs. Hartford Life Insurance Company, 2010 US District Lexus 88765 (S.D. Ohio August 27, 2010) found that Harford’s decision...

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If You Don’t Understand the ERISA Regulations Requiring the Disability Carrier to Make a Timely Decision On Your Claim, You’ll Hate Yourself!

If your short or long term disability claim is ERISA claim covered by federal law, the ERISA regulations provide, that “in the case of a plaintiff disability benefits, the plan administrators shall notify the claimant… of the claimant’s adverse benefit determination within a reasonable period of time, but no later 45 days after the receipt of the claim by the plan. This period may be extended by the plan for up to 30 days, provided that plan administrator both determines that such an extension is necessary that it matters in the control of plan and notifies the claimant prior the...

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How Easily You Can Pay For a Social Security Disability Attorney

Social Security Disability attorney’s are paid 25% of the retroactive dollar amount of your Social Security Disability benefits, up to $6,000.The retroactive dollar amount it a one time, lump sum payment that Social Security will pay you for the number of months you are entitled to benefits, after a mandatory five, four month waiting period.If, for example, your monthly cash award is $2,000, in the time of the approval process, from the time you were to have the benefits it 12 months, the total retroactive lump sum payment would be $24,000. 25% of $24,000 is $6,000.Your attorney will be paid...

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TRICARE and Your Social Security Disability Benefits | Tampa SSD Lawyer

What: TRICAREDid you know that people who qualify for Social Security Disability benefits are entitled to Medicare only after they receive Social Security Disability benefits for twenty-four consecutive months? Until you become entitled to Medicare, either as a result of being found entitled to Social Security Disability benefits or reaching age 65, your TRICARE is not impacted.If you enroll in Medicare: Part B it will be a primary. You will have to file your claim with TRICARE first. For more information or help with your claim for Social Security Disability benefits in the Tampa Bay area of Florida, contact us today....

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UNUM’s Use of “Independent Medical Examiners” | UNUM Disability Claim Lawyer Florida

What: UNUM Article by Jane LundyIn an interesting article by Jane Lundy on October 28, 2009, Jane outlines the gains that Long Term Disability carriers, such a UNUM play, by using “independent examiners.” Independent doesn’t means independent, it means a doctor who, for whatever a reason, needs to make money to supplement their income and becomes a hired gun for Long Term Disability insurance companies like UNUM.If you are being scheduled for an Independent Medical Evaluation in your Long Term Disability claim, you need to immediately call and experienced Long Term Disability and ERISA attorney who can assist you in...

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