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10 mistakes people make when filing for SSD

11/20/2013

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10 mistakes people make when filing for SSD

Social Security Disability has very specific rules and guidelines that are very important to receiving disability benefits. Often I see people with genuine and substantial disabilities making mistakes and being unable to collect Social Security Disability benefits. Read these common mistakes carefully to protect YOURSELF and YOUR FAMILY MEMBERS:

  1. You Must Apply for Disability After You Stop Working. Social Security gives you a window of opportunity to apply for disability if you have stopped working due to a disability. Generally, this is five years. If there is a gap in your work record, this window of opportunity is shorter, like one or two years.
  2. You Must Have Worked Enough Quarters. You may have to continue working in order to gain enough quarters to qualify for disability if you have worked very little and Social Security has said you do not have enough quarters.
    1. Social Security Disability Insurance provides coverage for people who contributed to the Social Security system, usually through payroll deductions or self-employment taxes. To qualify for Social Security Disability Insurance, you must have earned enough "quarters of coverage" (also called "credits of coverage") to meet the minimum requirements.
    2. "Quarters of coverage" are based upon your annual earnings and you can earn up to four credits each year. 
  3. Your Disability Must Last Longer Than 12 Months. To qualify for Social Security Disability benefits, you must prove that a medical condition will keep you out of work for at least twelve months. You're not required to prove you are “permanently disabled,” but it's your responsibility to provide the Social Security Administration with information that shows the extent and duration of your condition.
    1. Most people are initially denied, so be prepared to explain your case and present persuasive evidence. It's wise to apply as soon as you become disabled. Waiting until you have been out of work for a year or more may cause you to lose benefits. In fact, if you wait too long, you will no longer qualify.
  4. You Cannot be Employed When You Apply. You are probably not going to win your case if you think you can work part time and still qualify for Social Security. Earned income is considered an automatic disqualifier in most cases. Working part time shows that you have the ability to work.
  1. The Social Security Doctor will Probably not Declare You Disabled. Doctors selected by Social Security rush through the examination like an Alabama running back to the end zone. The examining doctor may not have the expertise to understand your medical condition. Assuming these doctors will find you disabled is a common misconception.
  2. You Fail to File a Timely Appeal of a Denial. At the initial level, only about a third of claimants are granted Social Security. After the denial, you have 60 days to appeal. If you do not appeal the decision, your case cannot be given additional consideration.
    1. Call your lawyer as soon as you receive the initial denial from the Social Security Administration so that your case can be appealed within the 60 day time limit.
  3. You Fail to get Medical Treatment. A common problem is failing to get steady medical treatment for your symptoms or condition. Most Social Security Judges will not give consideration for your symptoms or limitations if you have not sought consistent medical treatment. If you suffer from chronic pain, make sure you see a physician on a regular basis.
  4. You Fail to Have Your Own Doctor's Support. A lot of weight is given by the Social Security Rules to well written opinions by the claimant's own treating physician. Consult with your own doctor for his opinion if you believe you are disabled.
  5. You Fail to Consult a Specialist. If you have an impairment that requires the opinion and treatment of a specialist, you need to see one. For example, you may need to see a cardiologist if you have heart problems or an orthopedic or a neurologist if you have disc problems in your neck or low back.
  6. You Fail to Consult a Social Security Specialist. You need to see an attorney who specializes in Social Security Law because it is a unique area of the law.
Hiring a qualified attorney to represent you in your Social Security Disability claim is almost always a very smart financial decision. Attorney's fees are set by law at twenty-five percent (25%) of the benefits that have accumulated as of the date of your award, with a maximum fee of $6,000.00. No attorney's fees are due on your future benefits, so the attorney's fee is usually only a tiny fraction of the total benefits that you will receive. (There's an alternative fee arrangement for claims that require extended appeals.)

Retaining an experienced attorney to represent you in your Social Security claim can be a small expense that provides you with significant benefits for many, many years.


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Protecting Your Rights After an Accident

11/20/2013

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Protecting Your Legal Rights After an Auto Accident

Understanding how to handle a car accident is important for every driver. Eventually everyone will either wind up in an accident at some point in your life or at least witness a car accident. Like my mother says, “You have to drive for yourself and others.” While I understand what she means, it is simply impossible and sometimes accidents will occur. So the million dollar question is what should you do when you are involved in a car accident?

How to Handle an Accident

1.      Make Sure Everyone is Free from Danger: Make sure that everyone is free from danger at the outset before you take any other steps after an accident. Seek attention for injured individuals. Do not move them unless it is absolutely necessary to do so for safety sake. Moving them may cause them further injury, and it could cause you a lawsuit.

2.      Call 911 Immediately!!!!

3.      Do not Discuss Fault: Do not discuss how the wreck happened until the police arrive.

4.      Get the Other Driver’s Information: While waiting on the police to arrive take time to get vital details such as name, phone number, address and insurance details from the other driver

5.      Collect Evidence: Immediately take photos of the scene, the cars, road conditions, traffic signs, and other evidence.

a.       If you are injured, photograph your injuries, even if they seem like minor bruises and cuts!!!!!!

6.      Seek Medical Attention: See a doctor immediately after the accident. While you may feel fine after a wreck, you could be suffering from delayed injuries such as internal bleeding or head trauma.

7.      Keep a Medical Diary: Keep track of all prescriptions and medicines you take. Save the receipts and send them to your attorney as they are incurred. Keep a day by day diary of all your complaints and restricted activities.

8.      Be Cautious of Insurance Adjusters: Insurance companies do not pay money willingly. The injury is what determines the actual damages. Therefore, insurance companies will thoroughly investigate the facts of any type of accident, the claims for medical treatments, and any past injuries or claims to evaluate the injured person’s damages.

a.       Insurance adjusters will appear friendly and sympathetic, but don't ever forget that they are working for the insurance company, not you. People frequently make misstatements when talking to insurance adjusters that significantly lower the value of their claims.

9.      Get Legal Help: If you are concerned about damages, repercussions or injuries from a car accident and who will pay for them, it may be time to talk to a lawyer.

a.       Lawyers can help you to build a case and protect your interests during the claims process. You may be concerned about attorney’s fees, but in many cases, an attorney will take a personal injury case on contingency. That means you only pay if you win.

10.  Tell Your Attorney Everything: Confide in your attorney and medical professionals.

a.       For example, if the victim in an auto accident fails to disclose prior injuries and the insurance company discovers them, they will use that information to discredit all of her previous statements about her injuries.

11.  Do not Rush to Settle: Do not be in a hurry to settle. The full extent of your injuries may not be known for several months after an auto accident. By being patient, you will allow your health care provider to fully document and treat your injuries, ensuring that you will be in the best position for a fair recovery. Once the matter is settled, you will not be able to recover for additional related injuries that are discovered later.


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