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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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No. 1 – Is the long-term disability carrier entitled to repayment because I got Social Security Disability benefits?

Have you read your long-term disability policy? Does it provide that future benefits can be withheld to recover any overpayment arising from a retroactive payment of benefits such as Social Security Disability benefits?In the case of White v. Coca Cola Corporation, the United States District Court for the Northern District of Georgia upheld a provision in Coca Cola's long-term disability plan that allowed Coca Cola to withhold future benefits to recover a retroactive payment of Social Security benefits in the amount of $38,124.90 that Mr. White received.They reduced Mr. White's payments for 60 months to recover the overpayment, and he...

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No. 2 – Long-term disability benefits and my healthcare coverage through COBRA

At Cavey & Barrett it's not uncommon for long-term disability applicants to come to our office with a letter from their employer about continuing their healthcare coverage through COBRA.Federal law requires employers with 20 or more employees to provide COBRA healthcare continuation coverage, and there are specific time limits for choosing this coverage.Unfortunately, many long-term disability applicants are also applying for Social Security Disability benefits and are in need of medical treatment. They have not become Medicare eligible and are facing a gap in their health insurance coverage.While there is no one-size-fits-all answer, there are considerations that each long-term disability...

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