Wednesday, September 24, 2008

Filing disability benefits anew-pending appeal

By now we can safely assume that everyone knows that there is a great probability that disability benefits application in the SSA is denied at the first instance.

And we can safely assume that everyone knows that the next resort is to appeal the denial. The appeal reaches the administrative law judge, and then it can go as high as the Appeals Council.

Now consider this: before it could even be heard by an ALJ, it would take months, some years, before it happens. In the meanwhile, the applicant may be out of job nursing an honest to goodness case of disability – getting nothing.

But what can you do?

In the appeal process before the ALJ, you will have no choice but to wait. You cannot file a new application pending appeal, lest, the docket would rise as hell, flooded by multi-level disability benefits claim per one applicant alone. Filing anew, in short, is not allowed.

But when the appeal reaches the Appeals Council – that is when you can do something. You can file a new disability claim pending your appeal in the Appeals Council.

Now, that is something that the majority of us don’t know about.

It is only in this appeal stage that the applicant is allowed to appeal and file a new disability benefits claim, both at the same time. There is no other time. An applicant should take this opportunity as there is a slim chance that he will be awarded benefits through the Appeals Council review of his case.

As soon as possible, appeal and new application should be filed. This you may do so with the help of a Social Security Law attorney in your area. But you may prefer to file the appeal yourself, only that it won’t be easy for you – not at all.


Wednesday, September 10, 2008

Getting the Right Doctor – and Attorney too – for SSDI/SSI

The article “Getting the Right Doctor for Social Security Disability” provides an interesting insight about the treating physician’s cooperation when applying for social security disability or supplemental security income.

This is especially true because SSA decision on whether or not one is eligible to receive benefit payments largely depends on one’s medical records and/or findings by the physician. But, as the material pointed out, some physicians are reluctant to get involve in social security cases.

So finding a “willing” doctor, without compromising qualification and credibility, can be at times equally harder as the process of application and claim itself. It was explicitly suggested that one find a new physician – but chances are slim.

In this regard, why not find a good, experienced and qualified Social Security law attorney to assist you with everything that pertains to either SSDI/SSI? Everything means even finding the best doctor for you.

The Social Security Administration pays disability benefits under the following programs:

1. The Social Security disability insurance program. This program pays benefit to you and certain family members if you have worked long enough and paid Social Security taxes.

If your child’s disability started before the age of 22, he/she may also qualify for benefits on your earnings record.

2. The Supplemental Security Income (SSI) program. This program pays benefits to disabled adults and children who have limited income and resources.

You may call SSA toll-free number at 1-800-772-1213, visit their website at www.ssa.gov or consult with a Social Security Law attorney to know how to avail SSA disability benefits.

Bear in mind however, that SSA imposes strict qualifications and proof of severe medical conditions to be eligible to SSA disability benefits.

According to the SSA itself, for an initial application, you will have to wait at least 88 days. That’s about time to finish a round the world tour. And the hardest part is: 64% of initial applications are denied.



Thursday, September 4, 2008

Disabled Man Denied Long Term Disability Benefits

Truth be told, insurance companies oftentimes try to evade payment of benefits to the insured or to his/her beneficiaries.

Very recently, the real story behind the article “Injured man paid for disability insurance but isn’t receiving benefits” once again proves this point.

It narrates the story of one Charles Resendez, a man who faithfully paid his insurance premiums only to be denied coverage and benefits in the end. It appeared that he became disabled and was unable to work because of a physical illness.

But, as usual, he was denied of the benefits by the long term disability insurer.

What Charles expected as money compensation now that he is suffering from disability has gone kaput – nada. His case, however, is not entirely unheard of. If its any consolation – no, it cannot, really – he is not alone.

Many insurance policy holders of long term disability insurance are experiencing this. Private insurers will promise them coverage in this and that disability only to renege in their promise come claiming time.

This practice just doesn’t sound right.

If you or a family member experienced this unfair practice, contact your long term disability attorney right away. Its common public knowledge how people generally think about claim lawyers, but not everyone is what you think he/she is.

You can fight these scheming insurers with the help of a lawyer. It will be worth it. “Your long term disability attorney can tell you your rights under the policy which your insurance company, in all probability, didn’t tell you about.”