DISABILITY BENEFIT RECOVERY

A lot of my clients are concerned when they hear that there is a 5 month "waiting period" for Social Security disability benefits.   At first, it sounds like after you get approved for benefits, you have to wait 5 months to start getting paid.  That's not  always true.   I think it should be called an "elimination period," not a "waiting period."  It's confusing.   An easy way to explain this would be:  If you have been disabled for 20 months, you will get 15 months of back pay.  If you have been disabled for 30 months, you will get 25 months of back pay, etc.  Simply take the number of months you have been disabled, according to Social Security, then deduct 5 months. That's your back pay. The truth is, Social Security (SSDI) does not pay for the first 5 months of a disability.  So, if you are found to be disabled as of January 15, you will not be eligible for payment until July.  (January does not count as one of the 5 months becaus

Social Security allows claimants to get paid benefits back to their "alleged onset date" (AOD), provided that..... 1)  the onset date is not more than 12 months prior to the application date, plus 7 months for the waiting period 2)  the claimant has medical evidence to show that the disability existed back to the alleged onset date 3)  the claimant has not engaged in "substantial gainful activity" or work after the alleged onset date. A claimant is not restricted to starting benefits as of the application date.  The onset date can be earlier than the date the application was filed (as explained above). For example, if you became disabled on February 1, 2016 but did not file an application for benefits until February 1, 2017, you may receive benefit payments back to February 1, 2016.  It will be necessary to show that your disability existed all the way to February 1, 2016.  This rule allows claimants some leeway in filing their applications without loss o

A Social Security disability hearing lasts about 45 minutes.  It can mean the difference between financial security or life without the basic necessities. A hearing occurs when a claimant applies for disability benefits and gets denied.  A heart breaking 4 page letter that says, "You are not entitled to benefits because you are not disabled according to our rules." You will appeal this denial.  Your case will land on the desk of an administrative law judge who will schedule 45 minutes for a hearing, a one-time opportunity for you to meet the judge and explain why Social Security's denial was wrong. What will be reviewed at the hearing: medical evidence from your doctors past work history your testimony about your symptoms and restrictions testimony from a vocational expert pleas or arguments by your attorney or representative Today, most of the Social Security disability cases that are approved come out of a hearing. If you get a denial letter, you must file

I frequently hear lawyers say that Social Security is one of the most confusing areas of law that they practice.  It also seems arbitrary.  One claimant gets approved while another one, seemingly just as eligible, gets denied. A typical disability claimant gets denied, appeals, gets denied a second time, appeals--then finally wins.  The process often takes 1 to 3 years, sometimes longer. Most of the awards are made at the hearing level--before an administrative law judge.  I have noticed that claimants who are age 50 or over get approved quicker and easier than others. The big difference is the grid rules--a shortcut that Social Security uses to combine the effects of age, medical restrictions, education and past work experience to quickly determine if someone can be approved with less red tape. The grid rules only work for individuals age 50 or over.  And they only work for persons with physical impairments, as opposed to mental or psychological impairments. Persons who are

Disabled veterans should probably be receiving both VA benefits and Social Security disability benefits.  One benefit does not reduce or interfere with the other. Be aware that Social Security doesn't make it easy to get benefits and this is true even for veterans.  A large percentage of fully qualified veterans are denied--even though they meet all the criteria for benefits.  If this happens to you, appeal the denial immediately and go "up the chain of command " at Social Security. Also, there is a lot of bad information floating around these days about veterans and Social Security.  Be sure you know the facts before you decide to give up on Social Security benefits.  (Most of the cases that we win were denied earlier in the process). For example, you do not have to wait until you are out of military service to apply for benefits.  You may qualify for disability benefits while receiving active duty pay if you are unable to perform your military job. Further, it d

" Sometimes, judges deny benefits even when they believe the claimant is truly disabled...  b ecause the case is not technically proven according to Social Security's rules." Medical evidence is the key to being approved for Social Security disability benefits. There are 2 types of medical evidence, both important. The first type is OBJECTIVE EVIDENCE.  This includes such things as lab tests, X-ray, MRI or other imaging.  The goal is to document with medical fact that you have certain conditions which could reasonably cause a decrease in your ability to function. The second type of OPINION EVIDENCE.  Its purpose is to prove a reduced ability to function.  Opinion evidence is the professional opinion of your treating doctor, stating specifically and in exact detail how your functions are impaired. Key areas that must be addressed include your abilities to sit, stand, walk, lift, reach, bend, use your hands, concentrate,remember, stay on task, etc.