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Social Security Disability (SSD)

CaveyLaw.com > Social Security Disability (SSD) (Page 5)

Disability Insurance Trust Fund Funded Through 2020

Disability-Insurance-Trust-Fund-Social-Security-Disability

Many Social Security Disability applicants are concerned about the solvency of the Disability Insurance Trust Fund. Where Does The Trust Fund Get It’s Money? The Trust Fund in part, gets it’s money from the withholdings held from paychecks.  When you look at a paycheck you’ll see “FICA” withholdings.  Part of that money goes into the Trust Fund. Congress has passed a “Bipartisan Budget Act of 2015" which extends the solvency of the Trust Fund to run through 2020.  That’s great news for those who are on Social Security Disability benefits! What Should I Do If My Social Security Disability Claim Has Been Denied? If your...

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The Back Log In Social Security Hearings Gets Worse!

Back Log In Social Security Disability Hearings

Did you know that as of August of 2015, the national average and processing time for a Social Security disability application through the date of hearing was 517 days. Over the last 7 years there has been an attempt to reduce the delay but, unfortunately, things have gotten worse. What Are The Reasons For The Social Security Back Log? The reasons for delay are, in part, because the number of decisions made by Administrative Law Judges has decreased over the last 5 years because of an increase emphasis on “decisional quality”. The Social Security Administration has found “more quality issues” related to favorable decisions...

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The Myths About Applying For Social Security Benefits

Applying for Social Security Disability Benefits Myths

The Social Security Administration (SSA) doesn’t make it easy for those who are disabled to get the Social Security Disability benefits they deserve. There are many myths I hear about the Social Security disability application process. Myth Busting: Social Security Disability 1. It’s easy to qualify for Social Security Disability benefits. That is a myth! Fact: The Social Security Administration uses the Five Step Sequential Evaluation in every Social Security Disability case. You must show: (1) You have a medical condition that would cause you to be disabled for at least twelve months, or result in your death; (2) Have a severe impairment; (3) Meet a medical Listing,...

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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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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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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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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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Cognitive Problems As A Result Of Multiple Sclerosis And Your Rights To Social Security Disability Benefits

multiple sclerosis disability attorney tampa

One of the most devastating consequences in MS are cognitive problems. It is not uncommon for those with MS to have problems with attention, processing speed and working memory because of problems in connectivity between areas of the brain. How Can I Win my MS Social Security Disability Claim? To win your Social Security Disability claim, you have to prove that either you meet a medical listing for MS or establish that, because of vocational factors, you can’t return to the lightest job you’ve held in the last 15 years or other work in the national economy based on your age, education,...

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What Every Social Security Disability Applicant Should Know About The 5 Steps Used In Determining Their Rights To Social Security Disability Benefits

5 steps social security disability applicant

The Social Security Administration (SSA) doesn’t make it easy for those who are disabled to get the benefits they deserve. SSA uses a 5 Step Sequential Evaluation test when it reviews every Social Security Disability applicant. So, if your doctor has told you to stop working, you should apply for Social Security Disability benefits. Before you do so, ask yourself the following questions: Step 1: Are you gainfully employed? You must establish that you are gainfully employed or that you are earning less than the federal benefit rate (FDR). If in any month, after the period you claim you are disabled, you...

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Can I Collect Unemployment Benefits And Supplemental Security Income Benefits?

While you can collect Supplemental Security Income (SSI) benefits, any Unemployment benefits you receive count as unearned income which will reduce the amount of your SSI benefits. Supplemental Security Income Benefits Questions? Applying for SSI and need some guidance? Contact Supplemental Security Income lawyer Nancy Cavey today for a complimentary, no obligation consultation at 727-894-3188 to help you with any questions you may have. We are here to help you with your situation if you are in need....

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