Thursday, May 29, 2008

Advocates Working on your Disability Insurance Benefits

Determining and establishing your eligibility for disability insurance benefits under the rules of the Social Security Administration can be so demanding. This is true for the majority of claimants who are trying their luck and pursue their respective applications.

I am just figuring out why most claimants must undergo terrible scenarios wherein they must endure the long wait and yet, arrive in the denial of the cases. All eligible workers must receive the disability benefits due to them.

For those who are still planning to file their applications with the SSA, better closely check on these questions before initiation your claim:

• Is your medical condition meets the definition of Social Security regarding disability?

• Have you acquired enough work credits by paying your Social Security taxes?

• Are you receiving other types of benefits from the SSA?

• Is your age enough to be eligible for retirement benefits?

• Is your condition covered under Social Security’s special rules?

As you can see, the Social Security rules and procedures on disability insurance benefits necessitate basic knowledge on its complicated provisions. Yet, the good thing is, the claimants are also given the option of hiring their own representatives in filing claim.

Thus, although appointing an attorney or non-attorney representative involves some amount of money, its advantages can be so rewarding. A fraction of your benefits is just too small compared to the amount of hardships that you may experience in filing and waiting for the decision of the adjuster.

There are lots of qualified Social Security attorneys in Los Angeles who can expertly provide their assistance. You just have to pick the most reliable representative and have your application going before the allowable period of filing prevents you from doing so.

Monday, May 26, 2008

Los Angeles Disability Lawyer’s view on the current disability laws

In an article entitled “Disabled and Waiting”, which comprise the CBS News investigation into Social Security disability benefits, in its part release, it related, that each year, that there are millions of people become disabled from an accident or disease. It continued that many of these disabled person, turn to the federal government for Social Security payments.


Following the investigation, it revealed the threatening situation that the supposed to be “safety net” for the disabled one may not be there in times of need. As the investigation goes on, it gives specific cases that support this contention of the failings of the SSA in giving out benefits to the rightful beneficiaries.


Specifically, one story from a fellow in Maryland relates that when he applied for federal disability, it was not given credence by the SSA, to be exact about it, it was turned down for finding him not disabled enough. For once, he appealed, but expectedly, it was turned down again, Crazy, isn’t it?


Not all that, as the investigation found, two out of three applicants for federal disability are rejected by the government agency tasked to implement this concerns. A revolutionary comment from critics says that the federal disability program is under funded, and the system is incapable of serving the exploding number of disabled Americans.


Obviously, the article embraced and raised several issues and concerns all relating to the federal disability programs failings as well as the issues of the growing number of people who become disabled.


Practically, all the stories related by the article as well as the information respecting the growing disability problems and the denials of application of Social Security application for benefits are really not new, much more, they are keep on reiterated and repeated.


These were the sad realities that every one of us, Americans, should be wary about and take concerns of.


As a Social Security Attorney myself, I am not happy with these events. In my advocacy in extending legal help to many claimants of these federally mandated benefits, I found that even up to now there are many people have no real inkling regarding these benefits.


I can still account that there are huge number application of SS benefits that have been turned down, not much on the merits but merely on technicalities.


Having these predicaments, which as many think, cannot be resolved overnight, the only sensible thing that people could do especially the claimants is to make good of their application. However, to do this is not simple as anyone can think. You can employ a Social Security Attorney to help you in these respects.


To my mind, the current disability laws are good enough to serve its purpose. The problem lies not only with the system implementation, lack of proper knowledge but also claim communication.


SSI Overpayments

I have dig in an illuminating and informative article relating to supplemental security income overpayments. The said article has provided the basic things to know in reference to SSI overpayments.


On that score, I was obliged to give additional information regarding the concept of SSI overpayments.


To begin with, it would be worth to ventilate some basic concepts of supplemental security income.


As generally known, supplemental security income is a federal income supplement program funded by general tax revenues, not by Social Security taxes.


This is in contrast with the Social Security disability insurance program in reference to the source of funds.


It is designed to help aged, blind and disabled people who have little or no income at all and it provides cash to meet necessities like food, clothing and shelter.


Going back, the article has submitted material information, in the guise of a question and answer scheme, some relevant features of SSI overpayment procedures.


In detail, the said article expound on these respect:


1. Does the Social Security Administration take into consideration an individual's financial situation and status about paying the amount of Supplemental Security Income Overpayment owed?

2. What can be done if the Supplemental Security Income Overpayment amount is incorrect and if an individual is not really overpaid?

3. What are the documents that need to be presented in filing for a Request for Waiver?

4. I have received too much in benefits. How will the Social Security Administration recover this overpayment?


Interestingly, the said article has answered the foregoing query concisely, but accurately.


On my part, I would add some information in the same guise as the article have elucidated.


Here are some frequently asked questions that most SSI overpayment claimants seek to resolve.


1. How can I pay my overpayment?

You may pay an overpayment through the following means:

· By check, money order or credit card;

· by phone;

· by mail, in this wise refer to the mailing address to the directory; or

· In person at your local office.


2. What do I do if I disagree with the overpayment?

· If you disagree with the overpayment and want to dispute the same, you can file a request for review. Technically, this is coined as "appeal."

· The request for an appeal must be made in writing within 60 days from the date of the notice you receive sent you by the Social Security Administration. The 60-day period may be extended, under certain conditions.

· Relevant to filing an appeal, you may use the SSA form-561.


3. What happens if I don’t repay my overpayment?

If you don’t repay the overpayment, one or a combination of the following methods may be devised by the Social Security Administration:

· They can withhold your income tax refund, or

· Report you to a credit bureau,

· Ask your employer to withhold some of your wages, and

· Collect it later on from benefits if you become entitled again later.


Sunday, May 18, 2008

Is the US legal and welfare systems relating to disability insurance benefits, sufficient.

The United States has several welfare programs devised to render assistance to qualified individuals. Under the Social Security Administration, there are several welfare benefits that has been wage by the federal government all for giving the needed financial assistance and benefits to those qualified members.


In brief, under Social Security, we have programs like, SSDI - Social Security Disability Insurance; SSI - Supplemental Security Income. In like manner, under the federal government welfare system, we have the HHS - The U.S. federal Department of Health and Human Services and the LTD - Private Long-Term Disability Insurance.


The big question now goes, is the US legal and welfare systems relating to disability insurance benefits, sufficient.


To answer the question directly on positive note is impracticable; more so cannot be credible as the same is controversial.


The Social Security Disability Insurance system is mandated to protect workers from suddenly losing all sources of income with an unexpected disability. However, as I opine, it has become seriously flawed.


Why do I say so? Well, there are widespread frauds that infiltrated the social security administration aside from the fact that there are anomalous people who are faking the system that makes it much harder for the system to uproot the same.


As a fact then, that real people with real disabilities, and their real families, suffer.


In addition to this piece of reality, it can be added that several real claimants have been denied of their disability claims due to lack of proper knowledge of the systems and proper representation of a social security lawyer in their respective claims.


What can we do then? To my mind these frauds and denials can be all throughout avoided or much less minimized when proper coordination and communication is had among the government and the citizenry.


Coordination in a sense that, the government must directly address this concerns less bureaucracy. The government must wage a bridge to break the gap between the realities of the claimant’s lives and the parameters of the bureaucracy.


Communication is needed in a sense that, the claimants must learn how to communicate their disability predicaments to the government. A good lawyer is the key to this. The qualified social security lawyer is trained to communicate with the system. They are adeptly knowledgeable of the travails of the entire system that would not let your claims put at naught.


To my mind, the answer to the big question would be, yes. The US legal and welfare systems relating to disability insurance benefits are more than sufficient to address these concerns. A matter of coordination, communication, coupled with knowledge and good representation of a lawyer can solve this gap and gray situations for the claimants of these federal mandated benefits.


Tuesday, May 6, 2008

Beware of Medical Insurance Fraud

Where huge sum of money is involved, fraudulent acts are sure to take place. This is true in the medical insurance field where records of patients have been reportedly hacked by criminal elements.


Identity theft, a crime which has victimized credit card holders, has found its way to the medical insurance field. Since most transactions are now done online and through computers, it is now possible to steal medical records, health insurance numbers, and personal data in making false claims. The Federal Trade Commission has recorded 19,500 complaints of medical identity theft from January 2002 to April 2006.


It is interesting to note that most of the crimes were perpetrated by medical clinic personnel themselves who sell these data to criminal elements in exchange for a certain amount. This was revealed in the 2006 World Privacy Forum report.


Measures have already been implemented in order to put a stop to medical insurance fraud. The Health Insurance Portability and Accountability Act of 1996 were able to recover over $1 billion dollars allotted to the Medical Trust Fund. Likewise, medical facilities have replaced their computer systems to access only the data they require.


Preventing medical insurance fraud should be a collaborative effort. When making medical insurance claims, you should be cautious in giving away your personal data and health insurance numbers.


In addition, whenever you suspect that you have been a victim of medical insurance fraud, report it to the authorized agency or department. After all, these criminals are taking advantage of your medical records, so it is your job to protect your own records.