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What does the Social Security Administration consider a “disability” for the purposes of my Social Security Disability application?

What does the Social Security Administration consider a “disability” for the purposes of my Social Security Disability application? The Social Security Administration defines disability as a “physical, mental, medical condition that prevents an individual from working for more than 12 months”. Do you know that disability can be caused for Social Security purposes by an injury or even an illness. If your doctor told you that you will not be able to work for at least 12 months, you should apply for Social Security Disability benefits for more information about the Social Security Disability claim’s process, you can order a complimentary...

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I have applied for Social Security Disability Benefits and wonder why I have been scheduled for a Social Security Disability medical exam?

FAQ: I have applied for Social Security Disability Benefits and wonder why I have been scheduled for a Social Security Disability medical exam? If you do not have enough medical documentation to support your claim or you haven’t gotten treatment within sixty days as part of your Social Security Disability application, the Social Security Administration will, most likely, schedule you for what is called a Social Security Disability medical exam or consultative exam. It is crucial that you be prepared for what will happen at the Social Security Disability medical examination and that you be honest and trustworthy. While it is...

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How to Calculate Your Long Term Disability Benefits and the Insurance Carriers Right to a Social Security Offset

Did you know that many long term disability policies are written so that the long term disability insurance company gets to reduce your long term disability benefits by the receipt of “other income” which can include your Social Security Disability benefits, your family member’s Social Security Disability benefits and even workers’ compensation benefits. But it’s worse! Not only does the short or long term disability insurance company get to reduce your monthly long term disability benefits by your monthly Social Security benefits, they will often sue you to recover your back long term disability benefits arguing that you have been...

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If You Don’t Plan for Your ERISA Long Term Disability Benefits to be Reduced by the Receipt of Social Security Benefits, You’ll Hate Yourself Later

A long term disability policy is supposed to provide you with peace of mind. Unfortunately, many long term disability insurance  policies have a clause in the policy which allows the long term disability carrier to reduce your long term disability benefits by the receipt of Social Security Disability benefits and even other income such as workers compensation. If, for example, you make $24,000 before you became disabled, your pre-disability income was $2,000 per month. Long term disability benefits normally pay 60% of the pre-disability income and in this case, the gross monthly LTD benefits would be $1,200. That sounds okay but if...

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Why does the long term disability carrier have the right to reduce my long term disability benefits by the receipt of Social Security benefits?

FAQ: Why does the long term disability carrier have the right to reduce my long term disability benefits by the receipt of Social Security benefits? Answer: Great question! Unfortunately, many long term disability carriers have a clause in the insurance contract that says that the long term disability carrier gets to take advantage of your favorable Social Security decision. That means they can ask for a repayment of overpayment of benefits and reduce your future long term disability benefits. They get you coming and going. Florida long term disability attorney Nancy Cavey, has written Robbed of Your Peace of Mind, which explains the...

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The Long-term Disability Carrier is trying to talk with my treating physician behind my back. What should I do?

Unfortunately, it's not uncommon for the long-term disability insurance company to use the medical release which you signed to communicate directly with your treating physicians without notice to you. They will also tell your treating physician their version of your medical condition and your policy terms in an attempt to get the physician to release you to some form of employment. In the case of Safon v. Wells Fargo & Company, Long-term Disability Plan, 522 F.3d 863 (9th Cir. 2008), The court noted that the ERISA regulations call for a "meaningful dialogue" between the claims administrator and the beneficiary. The court...

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What is Past Relevant Work in A Social Security Disability Claim?

Past relevant work and your Social Security Disability claim. Past relevant work is a term of art in the Social Security Disability world. What it means is that the work that you have done for the fifteen years prior to your application. If you can return to the lightest job you have held in the last fifteen years, your Social Security Disability claim will be denied! See how easily you can screw up your Social Security Disability application. You can make many mistakes in the initial Social Security Disability application but one of the most crucial involves your responses to questions...

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If You Do Not Understand What is Going to Happen During Your Social Security Disability Medical Exam, You’ll Hate Yourself Later When Your Social Security Disability Claim is Denied

The Social Security Administration may ask you to go for what is called a “consultative exam” to determine whether or not your medical condition effects your ability to work. If you don’t understand what is going to happen during the Social Security Disability medical exam, you may make crucial mistakes. Here are five tips on what you should expect at your Social Security Disability medical exam: 1. The physician who performs the Social Security Disability medical exam is paid by the Social Security Administration. That physician is supposed to be an independent physician, but unfortunately, it is not uncommon to see the same...

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The Social Security Administration Doesn’t Want You To know About Getting a Social Security Disability Attorney

In a shocking new report entitled disability impairments on cases most frequently denied by the Disability Determination Services and subsequently allowed by the Administrative Law Judges #a-027-09-19083 (August 2010), revealed shocking news about the impact of having attorney representation and how that improves your chance of getting Social Security Disability benefits. For example, this study shows that disorders of the back, osteoarthritis, diabetes and disorders of the muscles and ligaments are the four most common denied claims at the initial claims stage and the request for reconsideration. This report shows that 91-94% of these claims were allowed were represented at...

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