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Showing posts from May, 2013

When a Representative May Charge You a Fee

The fees that may be charged by Social Security representatives are highly regulated by Social Security law. Generally, you can only be charged a fee if you claim is successful.  And only then if you are paid past due or retroactive benefits.  "Back pay," as it is also called, accumulates when your case drags on a long time, usually  because it was denied and had to be appealed.   A US administrative law judge must first approve the amount of the representative's fee before it is paid.  There is a maximum (cap) applied to the amount of fee that may be charged.   Actual out-of-pocket expenses may be charged, however, and there is no legal requirement that those expenses apply only to successful cases.  I am not aware of any representatives that pass on expenses for cases that are not successful but it is not prohibited. -------------------------------------------------- THE FORSYTHE FIRM www.Get-SS.com 7027 Old Madison Pike, Suite 108 Huntsville, AL 35806 (256)

How Your Age Affects Your SSDI Claim

For disability applications, Social Security uses the following age categories: 18-44 - a younger individual.  A claimant would either need to meet one of the Listings or show that he cannot perform even sedentary work.  If an individual does not meet or equal a Listing, can perform even sedentary work and is able to read and write English (even with a poor education) he will have a difficult time winning an award at this age.  Exceptions would be if the claimant has an extremely catastrophic illness, severe mental retardation, or if he/she meets a listing. Ages 45 - 49 - still a younger individual but Social Security realizes that the occupational base may be somewhat more limited for persons who are age 45 and over.  If the applicant does not meet or equal a Listing, is limited to either light or sedentary work and is literate (reads and writes in English) - he will likely be found not disabled.  There are exceptions for profound conditions which severely limit functional act

WHAT'S THE MAXIMUM SSDI DISABILITY BENEFIT?

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In 2013 the maximum monthly benefit for Social Security disability is $2,533.  The maximum federal benefit for Supplemental Security Income is $710 per month. (Some states add a small state benefit to the federal amount).  If a claimant is receiving at least $710 per month from SSDI, they will not qualify for additional SSI benefits. The amount of the SSDI monthly payment is determined by how much you have worked and the amount of your wages over the last several years.  Persons who have worked recently and have earned higher wages will receive a larger monthly benefit.  In order to be covered by SSDI, however, an individual must have the required minimum "quarters of coverage."   For disability coverage under Social Security, a worker generally needs to have 20 quarters of coverage during the last 10 years and be fully insured.  In 2013, earnings of $1,160 in a quarter satisfy the requirement for one quarter of coverage.  For past years, the amount of earnings required t

CAN YOU GET BOTH SSDI AND SSI BENEFITS?

It is unlikely that a person will qualify for both Social Security disability (SSDI) and Supplemental Security Income (SSI) at the same time, but it is possible. That could happen if your SSDI monthly benefit was very low (below $710 per month).  In that case, SSI could add to your benefit, up to the maximum of $710 per month in 2013.  SSDI benefits could be low because you haven't worked recently or because you made low wages. Social Security disability payments count toward income for purposes of SSI eligibility.  If your SSDI benefit is $710 per month or greater, it will disqualify you for SSI payments. SSI also has resource restrictions, which are $2,000 for an individual or $3,000 for a couple. Certain types and amounts of resources may be excluded. Applying for both SSDI and SSI is called a "concurrent claim."  Your local Social Security office can tell you which type of benefit you may qualify for based on wages, income and resources. SSI claim

CAN I BE PARTIALLY DISABLED?

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Sometimes we get questions about a partial disability award from Social Security.   The VA will often award veterans a 30 percent disability, etc.  Some workers compensation claims are awarded on the basis that an individual suffers from less than 100 percent disability but still has some partial loss. In Social Security, however, it is "all or none."  You are either disabled or you are not.  There is no such thing as 30 percent or 50 percent disability.  You have to be 100 percent disabled or you not disabled - nothing between. What is the definition of "disabled" for Social Security?  You have to be disabled by a mental or physical impairment which is medically determinable.  You have to have such a severe impairment that you cannot perform any of your past relevant work (the work you have done during the last 15 years) - or any other work which exists in significant numbers in the national economy. There is also a duration requirement.  Your