Social Security Disability Lawyer Blog

Past due benefits, also known as back pay, are what the Social Security Administration (SSA) owes you back after your claim has been approved. The amount of your past due benefits will vary depending on the type of disability benefits you apply for, the date your disability began, and the date you filed your claim.

Then have your case reviewed by Atlanta Social Security disability attorney Louis B. Lusk. For a free evaluation, call 800.883.7043 (or 404.250.7000) or fill out our online contact form.

Many people give up right away if their initial Social Security disability claim is denied. Some go as far as to file a first appeal, or request for reconsideration, that is handled by their state's Disability Determination Services (DDS) agency, but if that also gets denied they think, "Why bother filing a second appeal?" After all, it seems pointless to file another appeal if you've already been denied benefits twice. But what many claimants don't realize is that over half of all disability denials are overturned on the second appeal. That figure might not sound impressive, but it is if you consider that around 70% of initial applications and 85% of first appeals are denied.

So, if your initial Social Security disability claim and request for reconsideration have been denied, don't give up. File a second appeal because it'll give you a chance to meet face-to-face with the person making a decision regarding your claim. If you would like an attorney's advice regarding your second appeal or want to hire a lawyer to represent at your hearing, please call Atlanta Social Security disability attorney Louis B. Lusk at 800.883.7043 or fill out this online contact form to schedule a free consultation.

Typically, when you apply for Social Security disability benefits, you have to wait months, or even years, before receiving your first payment. However, claimants who have certain disabilities and meet the income limit requirements of the Supplemental Security Income (SSI) program may receive temporary disability payments while the Social Security Administration (SSA) gathers the evidence necessary to make a decision regarding their case. This is called presumptive disability.

If you have a severe medical condition and your household income and assets are limited, you may qualify for presumptive disability payments under the SSI program. To find out whether or not you're eligible, contact Atlanta Social Security disability attorney Louis B. Lusk for a free evaluation. Call 800.883.7043 (or 404.250.7000) or fill out our online contact form to get in touch.

If you have a disability and are thinking of applying for Social Security disability benefits, one factor you ought to consider is hiring professional help. You have the option to hire either a Social Security disability attorney or non-attorney disability advocate to assist you with your application.

If you need help applying for Social Security disability benefits, call Atlanta Social Security disability attorney Louis B. Lusk at 800.883.7043 or fill out this online contact form to set up a free consultation.

The process of applying for Social Security Disability is complex, and the fact that there's so much misinformation out there makes it all the more confusing. To avoid jeopardizing your possibility of successfully applying for Social Security Disability benefits, it's important to separate the facts from the misconceptions. Below are some of the most common misconceptions about Social Security Disability that you need to be aware of.

An experienced, reputable Social Security Disability attorney will help you avoid common application mistakes and obtain the benefits to which you're entitled. Please fill out our online contact form for a free evaluation.

A representative payee is an individual or organization that is appointed by the Social Security Administration (SSA) to receive Social Security Disability payments on behalf of someone who cannot manage or direct someone to manage the money. Typically, Social Security judges require that the payments go to a representative payee if the claimant is a child, legally incompetent adult, or has medical or mental health problems that prevent him from being able to manage the money appropriately.

Representative payees assume a great deal of responsibility, so you need to choose someone who will act in your best interests. For more information about selecting a representative payee who you can trust to manage your funds appropriately, please fill out ouronline contact form.

Many Social Security Disability applicants mistakenly believe that their claim will be approved and they'll receive benefits in just a few months. The truth is that the initial stage of the Social Security Disability application process alone can take three to four months. And unfortunately, only around 30 percent of applications are approved at this point.

Whether you've already applied for Social Security Disability benefits and have been denied or you're yet to file an application, we can help. Please fill out our online contact form to request a free evaluation.

A Social Security medical exam, which is officially known as a Consultative Examination (CE), is essentially a doctor's appointment during which an independent medical examiner conducts medical testing. The examiner's assessment helps Social Security make a decision regarding your claim.

If Disability Determination Services requests that you attend a CE, there's no need to be concerned, but you do need to make sure that you attend the exam. Failure to attend a CE could be considered a "failure to cooperate" and potentially lead to the denial of your claim. If you are unable to make it to your CE appointment for whatever reason, be sure to have it rescheduled.

There are two ways for disabled children to receive Social Security Disability benefits. One way is through the Supplemental Security Income (SSI) program, and the other is through the Social Security Disability Insurance (SSDI) program. Through the SSI program, children are entitled to receive benefits from birth to the age of 18 if their impairment meets the definition of disability for children and their parents have low income and limited resources.

Through the SSDI program, adults can receive benefits if they have a disability that began before they reached the age of 22. The SSDI benefits are considered "child's" benefits since they are based on a parent's Social Security earnings record. Under both the SSI and SSDI programs, children must not be engaged in substantial work and they must have a disability that is expected to last at least 12 months or longer.

Children's Benefits under the SSI Program

Benefits under the SSI program are given to disabled children under the age of 18 years of age who come from families with little income and resources. The monthly payments are based on need rather than prior work. The amount of the SSI payment varies from one state to the next, as some states add to the payment.

It generally takes three to five months for a decision to be made regarding a child's SSI application. For certain conditions, including HIV, total deafness, and Down syndrome, payments will be made right away for up to six months while the state agency makes a decision.

Even if a child is considered disabled under SSI program rules, he will not be eligible to receive benefits if his household's income and assets exceed the allowed limits. When your child turns 18, the rules for adults will be used to determine whether he's disabled. Furthermore, if your child was not eligible for SSI benefits because you or your spouse had too much income and resources, your child may become eligible for SSI benefits at the age of 18.

Children's Benefits under the SSDI Program

For an adult whose disability began before the age of 22 to receive SSDI benefits, one of his parents must be receiving Social Security retirement or disability benefits, or must be deceased and have worked long enough to qualify for Social Security benefits. Your child does not need to have worked to receive SSDI benefits.

Under the SSDI program, a decision regarding your child's disability will be made based on the rules for adults. In other words, your child's condition must be severe enough to prevent him from engaging in any substantial gainful activity in order for him to qualify for benefits.

Applying for Social Security Disability Benefits for Your Child?

Be prepared to tell Social Security as much as you can about your child's medical condition. Social Security will contact your child's doctors directly for any reports or information they need, though you can give them the dates of visits to doctors or hospitals, patient account numbers, and any other information that will help them get your medical records. For help gathering the appropriate evidence and to increase the chances of winning your child's claim, contact disability attorney Louis B. Lusk today for a free evaluation.

The process of applying for Social Security Disability gets a bad rap, but a lot of what people believe to be true about Social Security Disability is nothing more than myth. It's important to get your facts straight before initiating the application process because it could make the difference between winning and losing your claim. Here are the top 6 myths about applying for Social Security Disability.

1. Everyone gets denied the first time they apply for Social Security Disability

The percentage of first-time applications that get denied is high (around 70%), but if you submit all of the documents that the Social Security Administration requests, as well as sufficient medical evidence, there's a fighting chance that your application will get approved. To maximize the chances of approval, consider hiring legal help.

2. It's better to file a new application than to file an appeal

This is untrue. If your first application gets denied, your second application will most likely be denied for the same reason. Statistics show that most applicants are awarded benefits after attending a hearing with an administrative law judge, so if the initial application gets denied, find legal representation and file an appeal.

3. You do not qualify for benefits if you have been addicted to drugs or alcohol

If you have abused drugs or alcohol in the past, you are not automatically disqualified from obtaining benefits, but your application will not be approved if your medical records show that drugs or alcohol abuse caused or worsened your condition. You will have a better chance of winning your case if you have been sober for at least six months and you can prove that your alcohol/drug addiction is irrelevant to your medical condition.

4. If you have a listed medical condition, you will get automatically approved

If you have an impairment that is listed in Social Security's Blue Book, it will be slightly easier to get your application approved, but approval won't be automatic, either; there has to be sufficient medical evidence supporting your claim. Even if your medical condition is not listed in Social Security's Blue Book, you can still be awarded benefits as long you can prove that the symptoms have rendered you unable to work.

5. You do not qualify for benefits if you've never worked

In some cases, you can qualify for benefits, even if you've never worked. For instance, if you have been disabled since childhood and your disability was determined prior to reaching the age of 22, you may qualify for Social Security Disability benefits based on your parents' Social Security payment history. If you became disabled as an adult, you may still qualify for benefits under the Supplemental Security Income (S.S.I.) program, as long as your household income and assets meet SSI requirements.

6. The application process takes years

It's true that some claimants have had to wait months or even years to receive a decision regarding their application, but that is not always the case. Oftentimes, it is possible to receive a decision in just a few months. If your condition qualifies for the Compassionate Allowance (CAL) program, your claim will be expedited. In fact, it can take as little as 20 days to receive a decision under the CAL program.

Want to apply for Social Security Disability benefits? Applying for disability benefits is as simple as filling out a few forms and contacting your local Social Security office, but to ensure that your interview runs smoothly and to increase your chances of getting approved, here are 5 steps you might want to take before filing that claim.

1. Review the Adult Disability Starter KitThe Adult Disability Starter Kit, which is available on the Social Security Administration's (SSA) website, contains a factsheet that includes the definition of disability and answers common questions about applying for benefits, a checklist of documents and information you need to have ready before your interview, and a worksheet that will help you prepare for your disability interview.

2. Determine if your wages exceed the amount allowed

To be eligible for Social Security Disability benefits, your monthly income must be below the amount specified by the SSA. Your claim will be denied if your monthly income exceeds that amount.

3. Ask for your doctor's support

Ask your doctor if he will be supportive of your disability claim. Submitting a statement from your doctor that goes into detail about how your medical condition limits your ability to engage in substantial work will help to further your case. Some doctors aren't willing to get involved in the process because of the time and effort required on their part, so prior to filing your claim, make sure that one of your doctors is willing to vouch for you.

4. Compile your medical records

To ensure that the disability determination specialist that reviews your case has all of the information he needs to accurately assess your medical condition, compile all of your health records and submit your complete medical history, including medical conditions you've been diagnosed with, treatments you've received, and the time and date that you received those treatments.

5. Write down your work history

You'll be asked to discuss your work history several times throughout the application process, so prior to filling out any forms, record all of the jobs you've had in the last 15 years, along with their duties and responsibilities. You can write this information down when you fill out the worksheet in the Adult Disability Starter Kit. You have the option to skip this step and go straight to filling out the Adult Disability Report online, but since you'll be copying the information from the worksheet onto the Adult Disability Report, it's helpful to fill out the worksheet first.

Last but not least, be prepared to explain in detail why you are unable to work and how your medical condition has affected your ability to work. If you need help gathering information and making your case, consider hiring an experienced Social Security Disability attorney. With an attorney's assistance, your application will be better positioned for approval.

Has your application for Social Security Disability benefits been denied? If so, there is no reason to panic. Since there are several levels of reconsideration and appeal, there is a strong chance that your claim will be approved further along the application process. You must appeal in writing within 60 days of receiving notice of your application's denial. The Social Security Administration's (SSA) letter to you about the decision regarding your claim will contain instructions on how to file for an appeal.

There are four levels of appeals:

 Reconsideration - A complete review of your claim by someone who did not take part in the first decision.
 Hearing by a judge of administrative law - If you disagree with the reconsideration decision, you may ask for a hearing conducted by an administrative law judge who had no part in the original decision.
 Review by the Appeals Council - If you disagree with the hearing decision, you may have your case reviewed by the Social Security Appeals Council.
 Review by Federal Court - If you disagree with the Appeals Council's decision or they decide not to review your case, you may file a lawsuit in a Federal District Court.

Starting Your Appeal

To start your appeal, call your local Social Security field office and let them know that you want to appeal the decision that was made regarding your disability benefits. They will send you paperwork to fill out and let you know where you need to send the forms.

Filing for reconsideration is the quickest. During the reconsideration process, your case is reviewed by a medical consultant and examiner. It could take anywhere from a few weeks to a few months for a decision to be made. Other levels of appeal typically take much longer, requiring you to wait a year or more for a hearing or decision.

Should You Hire a Social Security Disability Attorney?

Many people handle their own Social Security appeals, but if you want to ensure that your appeal is filed correctly while avoiding costly mistakes, working with a Social Security Disability attorney is recommended. An attorney will help you gather medical evidence, represent you in court, request that you be considered for other benefits, and protect your right to a fair hearing. Simply put, a qualified Social Security Disability attorney has the skills and experience necessary to help you achieve a favorable outcome.

5 Ways an Attorney Can Help You with Your Social Security Disability Claim

It's a well-known fact that unrepresented claimants filing for Social Security disability benefits are less likely to win their cases. So, if you're planning to file a Social Security Disability claim, don't go it alone. Here are 5 ways that an attorney who is familiar with Social Security rules and regulations can help you through the process.

1. Properly develop your case

Attorneys who specialize in Social Security Disability claims have several years of experience developing cases like yours. An attorney will ensure that your case has the best chance of winning by determining how to tell your story in an effective way, obtaining detailed statements from your physicians, and gathering medical records.

2. Help you complete paperwork

One of the most common reasons why Social Security disability applications are delayed or denied is because of incomplete, missing, or incorrect paperwork. An attorney will ensure that all of the necessary paperwork is filled out properly.

3. Guide you through the entire process

Without guidance, applying for Social Security disability benefits can be a frustrating experience. An attorney will guide you through the process, helping you fill out forms, file appeals, and obtain medical records, among other tasks.

4. Obtain key pieces of evidence

In order to increase your chances of winning a Social Security disability case, you must obtain key pieces of evidence that demonstrate your disability. An attorney will obtain your doctors' treatment records, as well detailed statements from your doctors regarding your medical condition and functional limitations.

5. Represent you at the hearing

An attorney will represent you at the administrative hearing and explain to the judge why your impairment prevents you from working. Furthermore, an attorney will prepare you beforehand to answer questions that the judge is likely to ask you at the hearing.

Although hiring an attorney to file your Social Security disability claim is not a requirement, an attorney will take several steps to vastly increase your chances of winning. Attending your hearing unrepresented is not wise because you could lose the opportunity to receive disability benefits.

One frequently asked question regarding Social Security disability benefits is whether they can expire, leaving still disabled claimants with no way to remain financially solvent. Fortunately, once a claimant is approved for disability benefits, their benefits will continue until they are deemed no longer disabled. Benefits do not have a time limit.

Claim examiners do, however, conduct case reviews regularly. Examiners are looking to ensure that beneficiaries still meet the Social Security Administration's (SSA) definition of disabled for their impairment category. If the beneficiary no longer meets the disability listing requirements, benefits will be discontinued. There is a process to dispute the SSA's determination to revoke benefits, and beneficiaries can appeal to continue receiving benefits while they are disputing the review. In other words, the SSA will not simply revoke benefits without warning.

As for whether or not there is a limit on how long after leaving work a claimant can wait before filing for disability benefits, there is no official limit on that either. When filing for disability, claimants must have at least 20 work credits within the ten years leading up to a disability. If a worker earned the maximum four work credits per year, he/she can wait up to five years from the point of discontinuing work to apply for benefits.

However, a claimant could also receive benefits if he/she can prove that a disability forced him/her out of a job ten years ago, and they had 20 work credits leading up to that disability. The process becomes more difficult, but if a claimant can gather the requisite medical documentation and sufficiently prove the disability started ten years ago, no SSA guidelines would prevent their claim from being approved. In this case, the claimant would greatly benefit from working with a disability attorney. The burden of proving a disability in the past is often not something a claimant is prepared to handle without an intimate understanding of Social Security laws and regulations.

Many claimants are surprised to discover how deeply a disability examiner investigates into their lives. Examiners will often look into a claimant's daily activities, talk to family and friends, and scrutinize personal records. As one might suspect, alcohol and/or drug abuse is one finding that can significantly change the dynamic of your case.

Substance abuse does not necessarily preclude applicants from receiving benefits, but it can certainly hamper a claimant's case. Since drug and alcohol abuse are not listed on the Social Security Administration's (SSA) List of Impairments, sufferers must have a disability apart from their substance abuse. The key factor when considering drug/alcohol abuse in a disability case is whether the abuse is material to the case. When abuse is material to a disability case, the case can easily be denied. If it is immaterial, that means that the substance abuse is not a major factor in the claimant's disability and thus, their claim is more likely to be approved.

Substance abuse may be material to the case when...

• The claimant's disability was sparked by substance abuse
• Any disability would clear up without substance abuse
• Abuse of alcohol or drugs is constant, with no periods of sobriety

Substance abuse may be considered immaterial when...

• Claimant would be disabled even without the substance abuse
• During periods of sobriety the claimant is still disabled
• Substance abuse is secondary to a completely separate disabling condition

Drug and alcohol abuse can be discovered in a variety of ways, including notes (recent or not) from the claimant's medical files. If your physician made a note on one of your charts about admitted or suspected substance abuse, this note can easily come to light during your case. Have your disability attorney review your medical files alongside you to avoid any unwelcome bombshells.