Posts by gina
Will My Age Be a Factor in Determining My Social Security Disability Claim?
A. Yes. In our society, youth and appearance are often highly valued. However, when it comes to Social Security Disability claims, being younger can be a disadvantage. The Social Security Administration considers various factors, including age, residual functional capacity, education, skills, and work experience, to determine if you qualify for disability benefits. They assess not…
Read MoreWhat Happens if I am Able to Return to Work Before my Social Security Disability Claim is Determined?
A. The Social Security disability process is often lengthy, sometimes taking three (3) years or more for a final decision. Claimants typically go through an initial application, a Reconsideration appeal, and an Administrative Law Judge hearing before a favorable decision is reached. During this time, some claimants may experience an improvement in their condition, enabling…
Read MoreQ: Could You Explain What an Administrative Law Judge Social Security Hearing is?
A: Administrative Law Judge (ALJ) Social Security Hearings are proceedings presided over by an Administrative Law Judge, a final evaluator of disability claims in the Social Security Administration. These hearings are relatively less formal compared to other court proceedings, and there’s no District Attorney or U.S. Attorney representing Social Security. Some ALJs may ask questions,…
Read MoreWhen Will my Social Security Disability Benefits Become Effective?
When your application for Social Security Disability (SSD) benefits is approved, your entitlement to receive disability payments will start from the fifth full month that the Social Security Administration (SSA) determines your disability began. During this initial five (5) month waiting period, you are not eligible to receive disability benefits. For example, if the SSA…
Read MoreCan my Social Security Disability benefits be garnished or seized to pay my debts?
In most situations involving non-governmental creditors, the answer is NO. Social Security Disability, Supplemental Security Income, Railroad Retirement pensions, Veterans Benefits, and other types of federal benefits are all exempt from the collection efforts of most creditors such as mortgage lenders, auto loans, and credit card companies. Section 207 of the Social Security Act prohibits…
Read MoreQ: What Steps Should I Take if My Social Security Claim Gets Denied?
A: It’s important to remember that many claimants face multiple denials before finally receiving a favorable decision on their disability claim. It’s crucial that you DO NOT GIVE UP. Your optimal chance to substantiate your disability claim typically occurs at an Administrative Law Judge (ALJ) hearing, ideally with legal representation. You’ve contributed to Social Security…
Read MoreQ. Once I Am Approved for SSD, Will I be Reviewed for Continued Disability?
A. Probably. You will have an ongoing requirement to report any earned income while you draw SS disability benefits. The Social Security Administration will not terminate your benefits unless your medical condition has improved. Most people who are required have their cases reviewed continue to receive benefits. If Social Security proposes to end your benefits,…
Read MoreQ. Can I Draw Private Disability Checks While Also Receiving Social Security Checks for Disability?
A. Yes. The terms of your private disability compensation is contractual and controls whether these payments are pro-rated or changed by the receipt of Social Security Disability Income. Federal law requires full payment of Social Security disability checks regardless of the receipt of private disability checks for the same disability. However, most private disability plans…
Read MoreHow Does the Social Security Administration Determine if I am Disabled?
The Social Security Administration (SSA) determines disability based on three main criteria: (i) having a medical condition (physical, mental, and/or psychological) that prevents you from performing any of your previous jobs, (ii) being unable to adjust to other work due to your medical condition, and (iii) the disability lasting or expected to last for at…
Read MoreQ. Can I Work for any Period of Time and Still Receive Social Security Disability Benefits?
A. Generally, No. You are required to report any earnings or substantial gainful activity to the Social Security Administration as a condition of receiving monthly disability income. Congress has recognized the need for work incentives and has created several programs to encourage attempts to return to work without automatic loss of disability compensation. You can…
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