Friday, May 30, 2014

Social Security Disability Benefits: Ten Tips That One Must Consider

Undergoing the whole process involving Social Security disability benefits is often described by many as exasperating and lengthy. The fact that 70 percent of applicants are denied at the initial application stages of filing a disability claim best describes this. Undeniably, because of this, it can take an applicant months or even years before he or she can finally receive his or her much-needed disability benefits.

It is very important then for the first-time applicant to be fully prepared and have a complete perspective of what the whole process is all about. Here are some of the ten tips that must be considered when venturing on the long process of Social Security disability application. These tips generally apply to the two programs of the Social Security Administration (SSA), the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

1. One should be able to understand the application process as provided by the SSA. At the onset of the disability or medical condition, the applicant must immediately apply for either SSDI or SSI either online or in person.

2. The applicant must prepare for the application process. He or she must have the entire paperwork ready, including medical and employment records and doctor's statements, for submission.

3. He or she must be able to understand the difference between SSDI and SSI. Although the acronym sounds like they are the same, they are two different programs, each with their own set of criteria but still leaning on the concept of disability.

4. Being honest is important when dealing with the Social Security application process, especially concerning the ability to work and the severity of the medical condition.

5. While waiting for the result of the application, the applicant must still undergo medication. The SSA may think that your medical condition is not that severe, therefore denying your application.

6. If the disability is denied, he or she must not lose hope or panic. There is something called the appeals process which an applicant can undertake.

7. As such, once the applicant receives the letter of denial from the SSA, that person must immediately file for an appeal.

8. The applicant must be able to cope with the stress that comes with the whole application process and the appeals process.

9. To ease the burden, he or she must consider hiring a disability attorney.

10. When undergoing the appeals process, the applicant must be able to gather evidence that will support the claim that was being, made and that he or she entitled to receive disability benefits.

Ashley is an online writer. She spends so much time in internet surfing and reading about legal/law matters. She is an advocate of rights and dedicated on writing social security disability and California disability lawyer articles to date.
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Saturday, May 24, 2014

How to Determine If You Are Eligible for Social Security Disability Benefits

If you are applying for Social Security disability benefits, you might get overwhelmed by the complexity of the system. Before you are able to apply, you need to determine if your disabilities qualify you for disability benefits. While you and your doctor may believe that you are eligible, you need to fit under Social Security's definition of "disabled" in order to be granted benefits.

Here are the five steps used to determine eligibility for Disability benefits:

1. Are you currently working?

In general, averaging more than $1,000 a month in earnings will disqualify you from receiving Social Security disability benefits. There are a few exceptions, and we recommend consulting with an experienced, local disability lawyer.

2. What is the severity of your disability?

In order to receive Social Security benefits, your disability must be severe enough to prevent you from working and performing other basic activities. A good disability lawyer will spend time with you and your doctors developing a plan to document your condition and prove that your are severely disabled.

3. Does your disability match up with one of the health problems recognized by the Social Security Administration?

The Social Security Administration recognizes several health conditions that qualify you for Social Security disability benefits. However, it is important to note that the list is only a small percentage of eligible disabilities. Among the most common include:

  • Chronic Pain
  • Chronic Fatigue
  • Heart Disease
  • Diabetes
  • Post-Traumatic Stress Disorder (PTSD)
  • Depression
  • Bipolar Disorder
  • Cancer
  • Rheumatoid Arthritis
  • Fibromyalgia
  • Hepatitis C
  • Multiple Sclerosis (MS)
  • Spinal Injuries
  • Lupus
  • Lung Disease

An experienced disability attorney will help you determine if your condition qualifies for Disability benefits. It is crucial you provide the proper documentation to your lawyer so that they can get a proper representation of your conditions.

4. Are you able to continue working at your previous job?

It is important to show that you are not able to continue to perform your previous job. To do this, you will need an expert witness to appear at your hearing to discuss your physical or mental limitations. In fact, the Social Security Administration might bring in their own expert to testify against you, so it is imperative you have a disability lawyer prepared for a cross-examination.

5. Are you unable to perform any other jobs?

After you prove your inability to perform your previous job, the SSA might consider other jobs that you are able to do. Several factors are included in making this determination, including your previous work experience, age, education level, and disability status.

For those applying for disability benefits, it's important to hire an experience disability lawyer to represent you at your hearing. They will help you present a compelling case in order to increase your chances of winning disability benefits. An experienced attorney specializing in disability claims will offer a free consultation and not collect any fees until you win Social Security Disability benefits.

Gary Penar is a Disability Lawyer based in Cour d'Alene, Idaho. He serves the entire state, and offers a free consultation of your claim on his website at
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Wednesday, May 21, 2014

Eight Workplace Injuries That May Require A Workers Compensation Attorney

Employees in any industry are exposed to workplace hazards that can lead to injury. A workers compensation attorney can help these people present their case and get the financial and medical benefits they need. While nearly any injury or illness may be represented, here's a list of eight of the most common types of cases that a workers compensation attorney sees on a regular basis.

1) Falls - This is one of the most common issues that occur for people who work in an office. In fact, the number of annual occurrences for office falls and slips is approximately 25,000 cases per year.

2) Burns - There are many types of burns, including those caused by chemicals, electrical exposure, and flames. Some examples of professionals who are a high risk for this type of injury include nurses, electricians, and those in the food service industry.

3) Crushing Injuries - This is a common office concern that may result from tall bookshelves being over-burdened and falling over. Office employees are eligible for the same benefits as those in other professions that may be considered higher risk, such as construction or law enforcement.

4) Heart Attacks - People who work in hard labor positions may be pushed too hard in extreme conditions, such as highly physical work in very high temperatures. These conditions can lead to a heart attack or other serious medical problems, such as hypertension.

5) Motor Vehicle Accidents - Employees in the construction field are often at risk of being struck by a motor vehicle. Whether the accident results in serious injury or even death, a workers compensation attorney can represent the injured party and his or her dependents to ensure they get financial support from the employer.

6) Foot Pain - Nurses and other professionals in the medical field very frequently experience foot pain due to the long hours they spend working on their feet. Those who work too many hours or who aren't given appropriate breaks and time off may experience unbearable pain and become unable to work.

7) Back and Spine Injuries - Employees in many fields are prone to back and spine injuries. Some of the most common victims include construction workers or physical laborers who lift very heavy objects, as well as healthcare professionals who stand on their feet for many hours every day. A workers compensation attorney will work with victims to gather information about the working conditions and hours worked when preparing a case.

8) Carpal Tunnel Syndrome - This debilitating issue can stop a person from being able to work on the computer or do other necessary tasks associated with their job. Cases of Carpal Tunnel Syndrome and other repeated use injuries are often linked to poor ergonomics at a desk. This could mean typing at an awkward angle, repetitive and constant use of a computer mouse, or having poor posture at the desk.

Do you need the services of a workers compensation attorney? Pottsville, PA, residents who were hurt on the job can consult with a lawyer from Freeburn & Hamilton. For more information, visit:
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Sunday, May 18, 2014

Interstate Custody Disputes

When parents live in different states, custody disputes can be very challenging. One of the first issues to resolve is figuring out which state court will hear the custody case.

Tuesday, May 13, 2014

Here's How to Choose a Family Law Attorney

If you are considering getting a divorce, then you need to find a family law attorney that will help you get through the process. While you can choose an attorney by simply flipping through a phone book, you might get better results if you take the time to carefully select the lawyer that will help you get the best outcome. By following these tips, you can hire a lawyer that will fight for your interests so that you can walk away from your divorce with as much as possible.

Know What You Need

Before you shop for a family law attorney, you need to identify what you hope to achieve. Your goal may be to get as much of your property back as possible following the divorce, or you may prefer to have a lawyer that will keep your financial interests in mind. Once you identify what you want out of the divorce, you can find an attorney who excels in cases such as yours.

Do Your Research

If you have friends or family members who have gone through a divorce, ask them about the lawyers they chose and the process that they went through. You can even ask them if they recommend a certain attorney or if they have heard of the one that you want to use. Once you have narrowed it down to a few possible attorneys, get online and research their history and results. You also need to make sure that they are in good standing with the state bar association.

Make a Phone Call

You will be able to tell a great deal about an attorney and his office by a simple phone call. The receptionist should be confident and friendly, and other staff members should treat you with respect. If you feel comfortable during the phone call, then you can make an appointment for a consultation. If you feel as though something isn't right, then thank the secretary for her time and cross that office off of your list.

Ask Questions

It is extremely important that you ask your attorney any questions that you may have throughout the process. Initially, you should make sure that you completely understand the retainer agreement. You should also ask to see the firm's promotional materials so that you can make sure that your experience and research aligns with their claims.

Follow Your Instinct

When you are choosing a family law attorney, you should follow your instinct. If you do not feel comfortable with a certain lawyer, then you should find someone else to represent you.
Divorce is difficult, but the right family law attorney can make the process as painless as possible. When you take the time to find the right lawyer for your needs, you will be more likely to find satisfaction once the proceedings are over.

If you're looking for a family lawyer or specifically a divorce attorney in San Diego, I highly recommend contacting Paul Staley at
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Friday, May 9, 2014

Workers Compensation For Repetitive Strain Injury

Since the 1990s, the number of workers filing worker's compensation claims for a repetitive strain injury has exploded. A big reason for the increase in workers compensation claims is that many workers have spent increased hours on their computers over the past 2 decades -- leading many to develop carpal tunnel syndrome.

Tuesday, May 6, 2014

How To File For Divorce

If you and your spouse have an "amicable divorce" and do not have any children, filing for divorce shouldn't be very difficult.. In these cases, you can probably file jointly for a simplified divorce. In more complex cases, however, you usually have to petition the court for your divorce and serve your ex with a copy of the court papers.

Monday, May 5, 2014

Four Common Issues of Social Security Disability Cases

Employment seems like a moderately sure thing, until it isn't. For some people, it's a developing or sudden condition or a debilitating injury that cuts into job performance. Tasks once easy to do become a challenge, while for others, arriving late on certain days because of a flare-up results in termination.

Social security disability benefits, or SSDI for short, may prove to be the life preserver needed, but filing has several challenges. If you plan to file for SSDI, either alone or with a lawyer, claimants frequently face the following issues.

1. Multiple Denials

It's now considered common knowledge that most filing for social security disability benefits the first time get rejected. However, depending upon the evidence provided, a claimant may be rejected multiple times. Working with a social security disability lawyer is said to improve the outcome somewhat.

Nevertheless, claims have perpetuated up to the federal court level. At this point, a federal judge either awards or denies benefits, or may send the claim back to a lesser court.

2. The Process Takes On Average a Year

Reviewing a claim takes the Social Security Administration (SSA) three to four months on average. Then, the claimant has 60 days to file for reconsideration. From this point, the SSA may take anywhere from four to six months to review the application and put together a reply.

If a claim is denied again, the claimant essentially repeats the process all over again. On average, anyone applying for benefits needs to expect the case to take at least a year, although claims may take longer.

3. The Issue of Working

Working as you file for SSDI becomes one of those issues in which a claimant wonders, "Will this influence the outcome of my claim?"

Quitting a job or hiding work activity because of a disability or injury, however, is considered questionable. In fact, it's recommended instead that the claimant continue some kind of employment while filing for SSDI.

On the other hand, claims may be rejected because the SSA believes a claimant has "transferrable" skills and, therefore, can find similar employment. In these instances, the claimant and any social security disability lawyer must prove he or she cannot work in a similar position.

4. Backlog

Backlog of claims increasingly affects the SSA. As a result, a claimant may find replies and scheduling hearings take longer, more evidence may be requested, or the organization may be more likely to reject a claim.

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