Road Accidents to Debilitating Injuries: A Support for the Labor Force

The rate of road accidents in the State of California is rapidly increasing. In fact, according to a survey from the National Highway Traffic Safety Administration (NHTSA), there had been 3,090 traffic fatalities in the state solely in 2009.

Image Source: www.independent.co.uk/news/world/asia/japans-multi-millionpound-car-crash-6272363.html

Such accidents clearly make it possible for those involved in accidents to have suffered debilitating injuries. These would surely render them unfit for work. If such mishaps happen resulting in physical or mental impairments, they are advised to file for social security disability benefits.

Victims of road accidents should proceed to the nearest Social Security Administration (SSA) to file their respective claims. Basically, the SSA is funded by the social security taxes paid by employees. Those who are now in peril and are likely in need of support will get by through this claim. It is therefore the right of the workers to have access to Social Security benefits since they allotted a portion of their wage as tax.

Meanwhile, the SSA is known for their strictness in approving Social Security claims. Knowing this, claimants are advised to seek the aid of a Los Angeles social security disability firm. Such law firm houses seasoned lawyers who can provide legal expertise, particularly in filing a claim in the initial application process and in the appeals process.

Social Security disability lawyers who act as counsels would help ensure that the clients are able to send the needed documents on time. In truth, most of the claims are rejected due to the lack of available information regarding the applicant. Attorneys can also advice clients to prevent major mistakes during the application process.

As an insight, here are some of the basic conditions for clients in order for employees to claim their much-needed benefits:

• The applicant should be 18 years old and above.
• The applicant was able to pay an ample amount of Social Security tax during their years of work.
• The applicant could not work for at least 12 months and the disability could lead in death.
• The applicant has been living in the United States or one of its territories.

Representative Payee: Do You Need One?

Many Social Security beneficiaries, after getting their disability claims approved, receive their monthly benefits on their own using electronic payments. However, there are also some who are receiving monthly benefits but are received first via their representative payees. If you are undergoing the disability application process and waiting for your claim to be approved, would it be necessary to need one?

Basically, a representative payee is any person or entity (e.g. organization) who is responsible for handling Social Security Disability payments on your behalf. The payee is the one who handles and receives your monthly payments and spends them for your needs. He or she will use it to pay for your monthly living expenses.

However, you may think that your assigned representative payee may compromise your benefits, probably stealing them or wasting it. However, you must remember that there are laws that govern how should a representative payee deal with the benefits he or she pays on your behalf. As such, he or she must keep the leftover money after your monthly living expenses have been paid. Or, he or she could use the money for your reasonable entertainment expenses.

What is Social Security?

Going back to the question of whether you need a representative payee or not, the Social Security Administration (SSA) has the final say on it. In fact, not all beneficiaries are required to have a representative payee. However, the SSA may decide on requiring you to have a payee if you have been considered as incapable of handling your own disability benefits.

Most cases point to a family member or a friend as a common representative payee. If not available to perform this duty, the SSA may choose a qualified organization to act as representative payee. Most of the time, organizations include those employ medical professionals such as home nurses, as well as nursing home facilities.

But if you believe that you can manage your own funds after you’ve been required to have a representative payee, you can challenge your case with the SSA. This involves going into an informal hearing with a judge and stating your claim that you can handle your benefits on your own. At this point, it would be beneficial if you retain the services of any Los Angeles Social Security Claim Lawyers to help you through it.

SSA’s Decision on Your Disability through a Medical Review

The Social Security Administration (SSA) is required under law to review the disabilities of all the people who are receiving benefits. The review of medical condition is conducted by the federal agency to ensure that an individual is still disabled so as not to terminate the continuous flow of benefits.

So yeah. No bacon from now on.

The frequency of the review would depend on the type and severity of your medical condition. If you were expected to improve, the first review would be conducted 6 to 18 months from the date of disability. If it were possible that you will improve but cannot be predicted when, you would undergo the review once every 3 years. Nevertheless, if there is no expectation of improvement, you will be reviewed once every 7 years.

Here is how the SSA decides on your condition:

• The federal agency gathers new and updated medical information from your doctor, hospital or clinic where you received treatment, and any other medical sources to see if your condition still limits you to perform basic work activities.
• A consultative examination may also be conducted to extract more information about your medical condition.
• The federal agency would then review your case by comparing it with its previous medical review.
• A decision is made if there is medical improvement. The federal agency must do this carefully to see if it is enough to allow you to go back to work.
• If the SSA’s decided you can return to work after determining that your condition has improved, then the SSA may stop sending you disability benefits. Otherwise, you can still receive disability benefits until your next review.

You can appeal the SSA’s decision, particularly if the federal agency deemed that your medical condition has improved and you can return to work. There are four levels of appeal—reconsideration, hearing, Appeals Council, and federal court—that you have to undergo until the SSA reverses its decision. You can retain the services of any Los Angeles Social Security Disability Lawyers to represent you in the appeals process.

Rejection: The Result of a Weak Disability Claim

Many often say that Social Security disability applicants improve their chances of getting their respective claims approved if they hire disability lawyers. However, not all lawyers are able to take on disability applicants’ claims, especially under certain circumstances.

Get approval on your disability claim

In fact, they can outright reject a claim if it has little or no chance of winning. Also, disability lawyers have the right to reject and refer claimants to other lawyers if they see that only a little back pay is available which serves as their attorneys’ fee. It is worth noting that disability lawyers work on a “no win, no fee” basis. This means that they only get their fee if they were able to win their clients’ cases.

Accordingly, disability lawyers start it all by assessing potential clients’ claims. It would be a definite approval for representation if they see that there are strong points that bound claims together. If they see some spotty arguments that don’t help in the cause of winning the case, then they may reject it. They look at the following aspects to see if the claims are either strong or otherwise:

• Medical eligibility;
• Disability applicants’ concerns; and
• Logistical or financial reasons.

Certain issues that may surface in disability claims are primary reasons why they are hard to resolve. Lack of medical evidence is one example. Others include the following:

• Claimants’ dishonesty with the attorney, staff member, or medical provider;
• Claimants age, particularly those who are under age 45;
• Claimants who are disrespectful; and
• Claimants who failed to prepare the case, or doing so inconsistently because of time limits.

To avoid these certain issues, it is best for disability applicants to contact disability attorneys at the soonest possible time. These attorneys may actually help applicants with their claims through gathering of valuable evidences to support them. Incidentally, those from California may retain Los Angeles Social Security disability lawyers.

 

Source: http://www.disabilitysecrets.com/resources/filing-social-security/disability-claims-attorney-likely-reject.htm

Calculation of Past Dues in Social Security Disability Benefits

Not all applicants are entitled to Social Security disability benefits that are already past due. However, many applicants of either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) who must undergo the appeals process are entitled to past due benefits once their claims are approved by the Social Security Administration (SSA).

 

This is so because of the fact that the SSA has to pay the person filing an appeal benefits, starting from the time he or she was denied during the initial application up to the point the federal agency found out he or she is indeed disabled. Disability recipients who had success during the appeals process may receive either a few months or years’ worth of back payments, depending on the length of the appeal.

 

Photo Credit: FoodStorageReviewer.com

The calculation of the past due benefits are determined through the following two factors:

 

• The date when the person applied for disability benefits. An applicant may be considered eligible for benefits from the date of the application or one year before the date of the application. This is known as the retroactive period. Getting approved of disability benefits on the initial application may also result in back pay, given the retroactive period. It doesn’t always follow if the applicant endured the appeals process to be awarded back pay.

 

• Eligibility date. This is the date when the SSA determined you as eligible to receive benefits. If, for example, you applied for benefits and the SSA determined that you had been disabled for 20 months before your application date, then you can be entitled to a year’s worth of back pay.

 

Once an SSDI applicant’s claim is approved, he or she will receive the past due benefits on a one-time, lump-sum payment. If he or she is an SSI claimant and is eligible for back payments, then these will be split into three different payments that are paid six months from each other. To have a chance of getting approved of either SSDI or SSI claims, one must seek the help of any Los Angeles Social Security Claim Lawyers.

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Three Important Medical Records You Should Include in Your Claim

Your medical records play a very vital role in getting your chance for disability benefits. In your disability claim, your medical records would serve as cornerstones that would help solidify your proof that you cannot perform any substantial work because of your disabling condition. Proper documentation of these important pieces of information would always start by securing copies of medical evidence to show the extent of your disability.

 

Photo Credit: Medicalcentersetexas

Obviously, there would be no way that you will get disability benefits if you don’t obtain important medical records. In this regard, you must be aware of the three important elements that you should include in your claim. They are as follows:

 

• Current medical records. Timing is everything, especially when applying for disability benefits. If you want to secure disability benefits, ask for current medical records from your medical provider. As it is, your past medical history won’t be enough for the SSA to know exactly the extent of your condition. Suffice it to say, adding current information to what you have already would help show the progress of your condition; hence, an established medical history.

 

• Treatment history. Don’t just rely on the detailed history of your medical condition. You must also obtain vital information about your treatments. Specifically, your information should contain the names of every medication you took or are currently taking, as well as your body’s response to the medication. Also, don’t forget the treatments that your doctors administered on you.

 

• Your treating physician’s written statements. Your treating physician’s statements would give you the edge that you want for the SSA to approve your claim. His or her statements should have information on your disability vis-à-vis its effects on your ability to carry out work.

 

With these three important medical records, your claim will be strong enough to translate into a favorable decision from the SSA. To help you reach that goal, you may retain the services of any Los Angeles Social Security Claim Lawyers to help establish your claim.

Mistakes That May Cost Applicants’ Claims for SS Benefits

The Social Security application process can be downright frustrating to some for good reason. People claiming for disability benefits may have a hard time dealing with it, especially since they are disabled and unable to perform work. Filling out various forms, obtaining medical records, and taking into account even the smallest details may be overwhelming enough to cause headaches, if not boiling annoyances over the application process.

 

Applicants should know that the evidence that they provide in their claims are under close scrutiny of the federal agency, and that the SSA will be the one to find out whether they are eligible for benefits or not. Accordingly, making most of one’s claim is the most effective thing to do in such situation. Also, avoiding certain mistakes would help one evade the hassles and problems that applicants may encounter while they are still in the application process.

Incidentally, here are some mistakes that may cost an applicant’s SS claims for disability benefits:

• Everything is true in the SSA. This statement is partly true in some accounts. Relying too much on what the federal agency provides may not be really true after all is said and done. Checking on the status of their claims is one of the ways to avoid encountering trust issues with the SSA.

• Applicants think their claims are different from all the claims recently denied by the agency. For many claim examiners, a claim is just a claim. Claimants, then, must provide only accurate information, such as updated medical records, to increase their chances of being awarded with benefits.

• Applicants cannot afford legal help. To begin with, the SSA provides applicants the right for representation. There are legal representatives and non-legal SS advocates who work on a “no win, no fee basis.” In this system, unless applicants win benefits, they won’t be paying their representatives.

In this case, they may retain the services of Los Angeles Social Security Disability Lawyers to further increase their chances of winning benefits.

Source: http://www.disabilitysecrets.com/resources/disability/ssdi-claims/five-traps-disable.htm

May is National Brain Tumor Awareness Month

The month of May is known for celebratory events that basically raise awareness on specific facets of health and wellness. One particular example is the National Brain Tumor Awareness Month. This month-long event helps raise awareness about brain tumors in every aspect of society.

Let’s Celebrate Brain Tumor Awareness Month

This month, various brain tumor communities are exerting their all-out efforts to help promote and raise awareness about brain tumors. Such efforts include educating the public about the disease, raising funds to help advance medical research and treatment, and empowering people who have brain tumors.

Brain tumors, according to MilesForHope.org, are the leading cause of solid tumor death in children under age 20. It is also the second leading cause of cancer death in male adults between 20 to 29 years old, and the fifth in female adults of the same age range.

According to the National Brain Tumor Society, about 600,000 people in the United States have been diagnosed with primary brain tumors. It is also expected that this year, more than 600,000 children and adults will be diagnosed with it.

Dealing with a brain tumor can be devastating, especially because the affected area is arguably the most important system of the body responsible for controlling thoughts, emotions, and movements. Additionally, dealing with it can have an effect financially, not only because of the treatment costs but also due to the fact that an affected person is unable to earn an income.

A person with brain tumor, however, can be entitled disability benefits  coming from Social Security. He or she must first prove that he or she was diagnosed of a brain tumor and was unable to work because of it.

It’s a good thing that the Social Security Administration (SSA) includes brain tumors as one of the ailments in the Impairment Listings that is used to determine an individual’s eligibility for benefits. It is categorized under “13.00 Malignant Neoplastic Diseases”.

The affected person can successfully receive benefits if he or she has the medical records to prove that he or she has a brain tumor. The person can hire any Los Angeles Social Security claim lawyers to speed up his or her claim for benefits.

Source: http://www.braintumor.org/get-involved/advocacy-public-policy/BTAM.html

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