Thursday, June 26, 2008

New ALJ’s to Resolve Social Security Backlogs

Following the examples stated in an article about the connection of marriage and Social Security benefits, a person having an eligible spouse may say; my future is secured. This is what exactly what Social Security aims to do, to make sure that all Americans will have their financial resources despite their unemployment or loss of a family provider.

Ever since and through the efforts of the Social Security Administration, the government has been providing financial assistance to the survivors of employees who died for whatever reasons. Yet, many still are having some difficulties regarding their applications for Social Security Survivors Benefits program.

It may not be new to you that the SSA may take more than a year to decide with a single application. This happens mainly because of the inability of the SSA to cope up with the growing number of Social Security claimants. Consequently, many benefits applications take long period to be decided upon.

However, in a statement released by the SSA last February, the government has begun opening its doors for new Administrative Law Judges as their initial plan in resolving Social Security backlogs. I just hope that this step will work for the advantage of the claimants.

As for the claimants, I certainly advise them to hire their representatives for them to have well-organized applications. Again, most Social Security Survivors benefits claims fail to gain positive results due to the applicants’ failure to present their qualifications and provide proper documents.

A credible Social Security lawyer has the capability of managing this type of endeavor and make sure that all the procedure are being pursued properly.

Wednesday, June 25, 2008

Disability Claims: liberally construed in favor of the employee

The 6-3 decision in favor of Glenn reflected the United States Supreme Courts’ view that Labor Laws, more particularly those covering employee benefits, should be liberally construed in favor of the workers. The whole story can be read in the news published last June 20 entitled, “Disability Claims: liberally construed in favor of the employee

I agree with the Court when it held that benefit denials should be carefully scrutinized by the employers and the insurance companies, especially when such denials would result to devastating financial situations on the part of the employee.

It is really a life-shattering experience to find out that all your life, you’ve been giving your contributions, and then suddenly, just when you are about to need them, these contributions would just go down the drain.

A conflict of interest often occurs when the one who evaluates the claim and the one who pays the claimant are the same person. Unfortunately, the Congress authorized the insurance companies to perform both acts, without giving the judges the necessary guidelines on how to reconcile the possible conflict.

By coming up with the “combination-with-factors-method-of-review”, the judges can finally, determine whether the insurance company meticulously studied the different factors revolving around Glenn’s case. Moreover, by using said method, they found out that the insurance company did not.

Relying mainly on the written medical records of Glenn, the insurance discontinued her disability benefits. The insurance company ultimately disregarded the statement of Glenn’s physician asserting that Glenn is incapable of working.

The company’s conflicting interests had blinded it from realizing that employment benefits are primarily created by Congress in favor of the workers. Hence, these benefits should be interpreted liberally for the employees when they give the company no reason to rule otherwise.

Tuesday, June 24, 2008

Will our retirement pension suffice?


Recent studies done by the Employee Benefit Research Institute show that people are being too confident about their future financial situations. The institute states that majority of the people wants to maintain the same standard of living they have now when they retire.

Combining social security benefits and other pensions, the citizens’ income will still fall 10% short of what they would need when they retire.

Factors such as the following play a huge part why retirees are considered at risk:
  1. People maintain the standard of living as they have now;
  2. People spend more than they earn or receive;
  3. People do not save enough for their future. 24% of workers are not saving at all for retirement;
  4. Health costs continue to rise;
  5. 17% of workers had the level of their retirement benefits cut by their employers; and
  6. Only 41% of income-earners have pension plans.
What should we do about this? Let’s face it. We cannot rely on anyone else except ourselves to come up with a solution. If we keep on spending every cent that we earn, without even worrying about our retirement, then we really are in deep danger. People should learn how to save, especially for our health and retirement. Our health should be our number one concern.

Also, pensions and benefits offered by the Social Security and other insurance firms can be a huge help. They provide programs, which will help you put your financial worries in order.

But understanding the how-tos of getting these programs can be a bit confusing. It would be better if you consult your retirement benefit queries with a Social Security lawyer.

Friday, June 6, 2008

Federal and State Disability Welfare Benefits

Social Security Disability Insurance (SSDI) is the main federally administered disability welfare benefits granted to eligible individuals with disability. It is aimed at providing income to people who are unable to work because of a disability. SSDI is said to be as the nation's comprehensive means-tested program of income support for individuals with disabilities (adults and children) and the elderly.

Aside from these federal benefits, various states have also their own version of this kind of disability welfare extended to people suffering from any disability. This however was not directed to overlap or strike down the federal Social Security benefits but was aimed as a supplement. Put it differently, the state mandated disability benefits are provided under the guise of providing additional assistance or exemption strategies.

Many states make efforts in their policies and practices to accommodate people with disabilities. Take the case of State of California, where it provided a disability grant coined as the California State Disability Insurance (SDI) to California workers where its main concern is to provide partial wage-replacement insurance plan.

As I relate with all these disability welfare benefits, these are all too good for all the people with disabilities. These grants can help them live sustainable lives despite their disability circumstance. Whether it is Social Security Disability Insurance (SSDI) or state mandated benefits like the California State Disability Insurance (SDI), both are useful provision that every qualified disabled should take.

However, filing a claim for any of these disability welfare benefits, federal or state grant, has relative intricacies in that it would necessitate facilitations of an Attorney representative to complete a successful claim. In SSDI claims, a Social Security Disability Attorney can be of use.