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Showing posts from December, 2012

IS THERE A FEE FOR DISABILITY REPRESENTATION?

Attorneys and other advocates who help individuals collect their Social Security disability (SSDI) or Supplemental Security Income (SSI) benefits are entitled to a fee under federal law in some cases.  A fee can be charged if: The representative has been duly appointed in writing and a fee agreement has been signed (or a fee petition submitted), The claimant's claim has been approved, Back pay or retroactive pay has been collected by the claimant, The amount of the fee does not exceed the allowable maximum, and The reviewing judge has approved the Fee Agreement or Fee Petition.   Most claimants are delighted to receive expert help with their Social Security disability or SSI claim and do not object to the rather modest fee they are charged if they win.  Those who object to the fee usually do not understand what is involved in winning a disability or SSI claim. The representative will spend many hours preparing the claim.  If it is not approved on the application level (onl

IS YOUR DISABILITY INSURANCE PAID UP - SSDI?

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Social Security disability is an insurance plan mandated and paid for by the US Government under the Social Security Act.  Like any other insurance plan, it is funded by "premiums" or payments made to the Social Security Trust Funds.  In the case of disability insurance, it is paid for by FICA taxes.  The employee has taxes deducted from his/her wages, then the employer matches that tax and pays into the Social Security Disability Trust Fund.   In order to have current disability insurance with Social Security, the worker must have worked long enough and paid enough FICA taxes to be insured.  The worker must have accumulated a sufficient number of "Quarters of Work" to be insured.  For most workers over age 40, the worker must have worked at least 4 out of the last 10 years to be covered.  Rules are different for very young workers. Social Security disability insurance (SSDI) is often referred to as Title II (two).  SSDI does not require a claiman

EARLY EVIDENCE, EARLY REVIEW!

There is usually a wait of several months to obtain a hearing after a Social Security disability appeal is filed.  However, there are plenty of reasons to submit all your evidence in the case as early as possible. I recently appealed a Social Security decision and asked for a hearing.  I filed the request for hearing in September in the routine manner.  In December the case was reviewed and approved without a hearing.  The appeal was thus resolved in less than 90 days.   It doesn't always happen that way, obviously, but when there is plenty of evidence, it is always best if you can submit it right away.  In fact, I find there are at least two advantages to submitting medical evidence early: One, it provides a more likely opportunity for an early review of the case.  Two, it gives the representative or attorney an opportunity to write a thorough brief for the Office of Disability Adjudication and Review (ODAR). Often, the early bird gets the.....review!