Accidents and injuries are inevitable situations. Fortunately, federal and state laws provide rights for employees who need Short Term Disability (STD) benefits. If you sustained an injury or illness, you can apply for STD in your company. Before filing STD claims, you should first consider how your company offers sick leaves, vacations, and time offs. Whatever the program of your employer is, make sure you have a printed copy of it so that you know your status as far as your employer is concerned.
Once you have been approved to receive STD claims, here are some of the benefits you will enjoy:
• Financial benefits. Certain employees may obtain different amounts of benefits depending on how long they have worked for the company. Typical STD benefits ranges from 50% to 70% of the employees’ monthly wage. However, workers who have worked for more than 10 years in the company may receive 100% of their salaries as STD benefits for several weeks.
• Waiting period. Claims will only be paid to the employee once he has been absent for a week or when his sick leave has already expired.
• Benefit period. STD claims are usually paid for 13 to 26 weeks, depending on the severity of the disease and the amount of weekly compensation.
• Applying for an STD claim. STD application may be difficult depending on your employer. Sometimes, you may need to file a claim directly with an insurance company that your employer has designated to handle STD claims.
Aside from STD benefits, there is also the Family and Medical Leave Act (FMLA) of 1992 that protects disabled employees from experiencing unlawful actions committed by employers such as termination or refusal to allow leaves. The following are some of the protections that claimants enjoy under the conditions of the FMLA.
• Eligible employees. Under the FMLA, employees who are working for companies with more than 50 workers are eligible to receive benefits and protection. Employees should also be working in a company for at least 12 months before they are qualified to apply for disability claims.
• Availability of benefits. Under the law, an employee may have a time off either due to his own medical condition, or to nurse a spouse, child, or parent who is disabled or seriously ill.
• Benefits and protection. Aside from receiving benefits, a beneficiary may be reinstated to his past position or an equivalent position once he recovers from his injuries or disability.
• Maximum Benefit Period. The FMLA provides up to 12 weeks of disability benefits per employee. However, employees may have the option to use certain number of weeks for a given period, and then exhaust the remaining weeks in another time.
Understanding a complicated issue such as STD is a little difficult if you do not have a legal expert by your side. If you want to maximize your benefits and enjoy the protection STD and FMLA offer, consult with short term disability attorneys in your location.
Monday, March 22, 2010
Tuesday, March 16, 2010
Easier Way to Apply for Disability Benefits
Many disabled workers are discouraged to seek benefits from the Social Security Administration because of the stories they’ve heard about waiting for long hours during the applications process.
This shouldn’t be a problem anymore as there is an online tool found in SSA’s website which provides forms and list of requirements that applicants may be required to present.
By having the requirements ready, the application will go a lot smoother and easier for claimants of disability benefits.
Here are some of the requirements that SSA may be asking from claimants as indicated in their website:
• Proof of birth
• Forms SSA-3368 and SSA-827 which describes the medical condition
• Naturalization papers
• W-2 forms and self-employment tax returns for the previous year
• U.S. Military discharge papers
For those whose applications are rejected after accomplishing all the forms and meeting each requirement, they must consult with skilled social security lawyers that can also be found online.
This shouldn’t be a problem anymore as there is an online tool found in SSA’s website which provides forms and list of requirements that applicants may be required to present.
By having the requirements ready, the application will go a lot smoother and easier for claimants of disability benefits.
Here are some of the requirements that SSA may be asking from claimants as indicated in their website:
• Proof of birth
• Forms SSA-3368 and SSA-827 which describes the medical condition
• Naturalization papers
• W-2 forms and self-employment tax returns for the previous year
• U.S. Military discharge papers
For those whose applications are rejected after accomplishing all the forms and meeting each requirement, they must consult with skilled social security lawyers that can also be found online.
Thursday, March 11, 2010
Appealing Rejected Disability Benefits Claim
Workers who had paid enough social security taxes can receive disability benefits after an accident or an illness that left them unable to do work and earn a living.
However, almost half of disability claims are rejected by the Social Security Administration as they do not meet the requirements that would qualify them as a beneficiary. This happens because they make bogus claims or fail to prove their disability. Some of these rejected eligible applicants don’t bother to appeal their case and thus, lose the chance to get the benefits they deserved.
The first part of the appeals process is the reconsideration stage wherein the rejected applicant can ask the SSA to review his case and provide new evidence that will support his claims.
If the claim is again rejected in the reconsideration stage, then applicants can ask for a hearing where they can present expert witnesses who can give statements about the claimant’s condition.
The appeals council is the third stage wherein the eligibility can be determined. The council may reject the request, determine the eligibility of the claims, or have an administrative law judge (ALJ) to again review the case.
If a worker’s case is again rejected by the appeals council, he can file a lawsuit before a federal court and go against the SSA. At this process, it is advised that the worker acquire the services of an expert social security lawyer who can assist him in his presentation of the case.
However, almost half of disability claims are rejected by the Social Security Administration as they do not meet the requirements that would qualify them as a beneficiary. This happens because they make bogus claims or fail to prove their disability. Some of these rejected eligible applicants don’t bother to appeal their case and thus, lose the chance to get the benefits they deserved.
The first part of the appeals process is the reconsideration stage wherein the rejected applicant can ask the SSA to review his case and provide new evidence that will support his claims.
If the claim is again rejected in the reconsideration stage, then applicants can ask for a hearing where they can present expert witnesses who can give statements about the claimant’s condition.
The appeals council is the third stage wherein the eligibility can be determined. The council may reject the request, determine the eligibility of the claims, or have an administrative law judge (ALJ) to again review the case.
If a worker’s case is again rejected by the appeals council, he can file a lawsuit before a federal court and go against the SSA. At this process, it is advised that the worker acquire the services of an expert social security lawyer who can assist him in his presentation of the case.
Tuesday, March 9, 2010
Senate Rejects $250 Stimulus Checks
Millions of disabled and elderly people rely on social security checks to provide them with their much needed income to meet their daily needs.
Though regularly receiving benefits, some still complain that they are not getting enough resources to meet their basic needs especially at this time of crisis.
To address this, President Barrack Obama has asked the Congress to approve the $250 social security checks to be distributed to some 57 million veterans, disabled, and elderly.
However, the Senate defeated this measure which would have added $13 billion to the pending $108 billion job-creating package.
The measures was approved by Congress as a part of $862 billion stimulus package as the social security benefits of the disabled and elderly was noted to remain the same this year.
For the disabled, they can file claims under the two programs implemented by the Social Security Administration. If they have completed payments for their social security taxes, then, the worker and some of his family members may be entitled to benefit in the Social Security disability insurance program.
For those who have limited income, elderly or disabled, they can file claims for Supplemental Security Income benefits. SSI claimants do not need to pay social security taxes as the funds for this program comes from general taxes.
Though regularly receiving benefits, some still complain that they are not getting enough resources to meet their basic needs especially at this time of crisis.
To address this, President Barrack Obama has asked the Congress to approve the $250 social security checks to be distributed to some 57 million veterans, disabled, and elderly.
However, the Senate defeated this measure which would have added $13 billion to the pending $108 billion job-creating package.
The measures was approved by Congress as a part of $862 billion stimulus package as the social security benefits of the disabled and elderly was noted to remain the same this year.
For the disabled, they can file claims under the two programs implemented by the Social Security Administration. If they have completed payments for their social security taxes, then, the worker and some of his family members may be entitled to benefit in the Social Security disability insurance program.
For those who have limited income, elderly or disabled, they can file claims for Supplemental Security Income benefits. SSI claimants do not need to pay social security taxes as the funds for this program comes from general taxes.
Friday, March 5, 2010
Social Security Hearings Backlog Reduction Plan Works
Commissioner Michael J. Astrue of the Social Security has recently announced that the backlog for Social Security hearings is at its lowest rate since 2005.
In a statement, the commissioner said that the agency’s measures to diminish backlogs appear to be working as the hearings for unresolved cases drop down to 697,437.
To lessen the backlogs, SSA has increased the number of hearings by 10 percent in 14 months and lessened the number of days that the decision will be released. It is now down to 442 from 514 in Fiscal Year 2008 which means the beneficiaries will know the outcome of the hearing two and a half months earlier.
Aside from this, the agency also hired 147 more Administrative Law Judge and more than a thousand other employees for the Fiscal Year 2009 to accommodate the adjusted hearing schedules.
These changes will further help claimants receive much-needed benefits at an earlier time.
In a statement, the commissioner said that the agency’s measures to diminish backlogs appear to be working as the hearings for unresolved cases drop down to 697,437.
To lessen the backlogs, SSA has increased the number of hearings by 10 percent in 14 months and lessened the number of days that the decision will be released. It is now down to 442 from 514 in Fiscal Year 2008 which means the beneficiaries will know the outcome of the hearing two and a half months earlier.
Aside from this, the agency also hired 147 more Administrative Law Judge and more than a thousand other employees for the Fiscal Year 2009 to accommodate the adjusted hearing schedules.
These changes will further help claimants receive much-needed benefits at an earlier time.
Woman Faces Social Security Fraud Charges
Most people rely on their Social Security benefits to provide them with income or compensation in times of their disability or retirement. But in order to receive these benefits, they have to pay social security taxes or meet certain requirements.
A woman was recently held on fraud charges after she stole different names and identities in order to avoid paying up social security taxes as she received disability benefits.
Cynthia Gudger faced fraud charges after authorities found a Disability Report Adult in 2001 which shows Gudger applied on a different name, “Lynda Cole”, and stated a different social security number in order to claim disability benefits. By doing so, she was able to embezzle a total of $22,181 in Supplemental Security Income Benefits.
Aside from this identity, she also used other names to unlawfully collect benefits and so she is now indicted on five counts of Social Security fraud.
On the end of SSA, they also have been unable to correctly verify the identity of 61-year-old Gudger. Many disability claims of rightful claimants are denied while some who wrongfully steals the identity of another, like in the case of Gudger, are granted of their claims.
Those whose claims have been rejected by the SSA, they still have a shot at receiving benefits by correctly following the appeals process with the help of a skilled Social Security Attorney.
A woman was recently held on fraud charges after she stole different names and identities in order to avoid paying up social security taxes as she received disability benefits.
Cynthia Gudger faced fraud charges after authorities found a Disability Report Adult in 2001 which shows Gudger applied on a different name, “Lynda Cole”, and stated a different social security number in order to claim disability benefits. By doing so, she was able to embezzle a total of $22,181 in Supplemental Security Income Benefits.
Aside from this identity, she also used other names to unlawfully collect benefits and so she is now indicted on five counts of Social Security fraud.
On the end of SSA, they also have been unable to correctly verify the identity of 61-year-old Gudger. Many disability claims of rightful claimants are denied while some who wrongfully steals the identity of another, like in the case of Gudger, are granted of their claims.
Those whose claims have been rejected by the SSA, they still have a shot at receiving benefits by correctly following the appeals process with the help of a skilled Social Security Attorney.
Tuesday, March 2, 2010
Woman Faces Social Security Fraud Charges
Many people rely on their Social Security benefits to provide them with compensation in times of their disability or retirement. But in order to receive these benefits, they have to pay social security taxes or meet certain requirements.
A woman was recently held on fraud charges after she stole different names and identities in order to avoid paying up social security taxes as she received disability benefits.
Cynthia Gudger faced fraud charges after authorities found a Disability Report Adult in 2001 which shows Gudger applied on a different name, “Lynda Cole”, and stated a different social security number in order to claim disability benefits. By doing so, she was able to embezzle a total of $22,181 in Supplemental Security Income Benefits.
Aside from this identity, she also used other names to unlawfully collect benefits and so she is now indicted on five counts of Social Security fraud.
On the end of SSA, they also have been unable to correctly verify the identity of 61-year-old Gudger. Many disability claims of rightful claimants are denied while some who wrongfully steals the identity of another, like in the case of Gudger, are granted of their claims.
Those whose claims have been rejected by the SSA, they still have a shot at receiving benefits by correctly following the appeals process with the help of a skilled Social Security Attorney.
A woman was recently held on fraud charges after she stole different names and identities in order to avoid paying up social security taxes as she received disability benefits.
Cynthia Gudger faced fraud charges after authorities found a Disability Report Adult in 2001 which shows Gudger applied on a different name, “Lynda Cole”, and stated a different social security number in order to claim disability benefits. By doing so, she was able to embezzle a total of $22,181 in Supplemental Security Income Benefits.
Aside from this identity, she also used other names to unlawfully collect benefits and so she is now indicted on five counts of Social Security fraud.
On the end of SSA, they also have been unable to correctly verify the identity of 61-year-old Gudger. Many disability claims of rightful claimants are denied while some who wrongfully steals the identity of another, like in the case of Gudger, are granted of their claims.
Those whose claims have been rejected by the SSA, they still have a shot at receiving benefits by correctly following the appeals process with the help of a skilled Social Security Attorney.
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