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Showing posts from November, 2012

SHOULD YOU APPEAL OR FILE A NEW APPLICATION?

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When your application for Social Security disability or SSI is denied, should you appeal the decision or file a new application? Many claimants make the mistake of filing a new application - or starting over.  While this may be justified in a small percentage of cases, it is usually a bad mistake.  It is nearly always better to appeal the original claim than to "start over" by filing a new claim. By filing a new claim you lose your original application date and past due benefits that are based on the application date are also lost. Unless you have significant new medical evidence, there is a high probability that your new application will also be rejected. By filing a new application you remain in the "realm" of 70 percent denials; whereas, in the appeal "realm," there is a better than 50 percent chance of approval (at a hearing). Thus, in nearly every circumstance, it is better to appeal your initial decision than to file a new claim. The appeal

ONSET DATE EQUALS MORE BACK PAY FOR YOU

By:  The Forsythe Firm, Huntsville, AL  (256) 799-0297 The alleged onset date or AOD is the date you claim to have become unable to work.  The importance of that is that it establishes the amount of back pay you can receive.  When Social Security accepts your alleged onset date, it is then called "the established onset date" and your back payments will be based on that date. Like all government agencies, Social Security is being pressured with budget cuts, hiring freezes and the need to save money.  One result is that Social Security adjudicators are challenging alleged onset dates, trying to move the date of disability forward to save money.  For instance, if an alleged onset date can be moved from March 2012 to August 2012, Social Security has just eliminated most or all of your backpay (because of the 5-month waiting period between the onset date and the payment of the first monthly benefit). You protect your back pay in two ways: Demonstrating with medical evidenc

ALABAMA SOCIAL SECURITY - TRIAL WORK PERIODS

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Through its "Ticket to Work" program, Social Security tries to encourage people on disability or SSI benefits to return to work.  You can try to work without immediately giving up your disability or SSI benefits - and without losing your Medicare coverage (if you are covered by Medicare). You are allowed 9 "trial work months" within a five-year period.  The months do not have to be consecutive. You will continue to get full disability or SSI benefits during the trial work periods until you accumulate 9 months of successful work.  Any month in which you earn at least $720 will be considered 1 month of successful work.    Once you have accumulated 9 months of successful work, your disability or SSI benefits will be stopped for as long as you continue to work.  However, if you again become unable to work within a 5 year period, you can request expedited reinstatement of benefits without filing a new application.  While Social Security makes a decision