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Social Security Disability Law

Part 3—When A Claim Is Approved

 

Part 3—When A Claim Is Approved

When Do My Benefits Start?

     If your application is approved, your first Social Security benefits will be paid for the sixth full month after the date your disability began. For example, if Social Security finds that your disability began on January 15, your first disability benefit will be paid for the month of July. Because Social Security benefits are paid in the month following the month for which they’re due, you would receive your July benefit in August.

     You also will receive a booklet, What You Need To Know When You Get Disability Benefits (Publication No. 05-10153), in case you have questions.

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How Much Will I Get From Social Security?

     The amount of your monthly disability benefit is based on your lifetime average earnings covered by Social Security. If you would like an estimate of your disability benefit, you can request a Social Security Statement that displays your earnings record and provides an estimate of your disability benefit. It will also include estimates of retirement and survivors benefits which you and your family may be eligible to receive now and in the future. The request form is available by calling or visiting Social Security. You can also type www.socialsecurity.gov to get the form from our Internet website.

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How Do Other Payments Affect My Benefits?

     Eligibility for other government benefits can affect the amount of your Social Security benefits. The following publications provide more information and are available from Social Security.

  • How Workers’ Compensation And Other Disability Payments May Affect Your Benefits (Publication No. 05-10018)
  • The Windfall Elimination Provision (Publication No. 05-10045)
  • Government Pension Offset (Publication No. 05-10007), a law that affects spouse’s or widow(er)’s benefits

     If you have additional questions, contact your local Security Security office, or call the SSA toll-free at 1-800-772-1213.

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Are Benefits Taxed?

     Some people have to pay federal income taxes on their Social Security benefits. This usually happens only if your total income is high. At the end of the year, you will receive a Social Security Benefit Statement (Form SSA-1099) showing the amount of benefits you received.  Use the statement to complete your federal income tax return if any of your benefits are subject to tax.  For more information about this tax, ask the Internal Revenue Service for a copy of Publication 915.  Also, you may choose to have federal taxes withheld from your benefits.

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Can I Get Medicare If I’m Disabled?

     Social Security will automatically enroll you in Medicare after you get disability benefits for two years.

     Medicare has two parts—hospital insurance and medical insurance. Hospital insurance helps pay hospital bills and some follow-up care. The taxes you paid while you were working financed this coverage, so it’s free. The other part of Medicare, medical insurance, helps pay doctors’ bills and other services.  You will pay a monthly premium for this coverage if you want it. Most people have both parts of Medicare.

Help For Low-Income Medicare Beneficiaries

     If you get Medicare and have low income and few resources, your state may pay your Medicare premiums and, in some cases, other "out-of-pocket" Medicare expenses such as deductibles and coinsurance.  Only your state can decide if you qualify. To find out if you do, contact your state or local welfare office or Medicaid agency.  For more general information about the program, contact Social Security and ask for the leaflet, Medicare Savings Programs (CMS Publication No. 10126-S).

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Is My Case Reviewed?

     In general, your benefits will continue as long as you are disabled. However, Social Security Disability will review your case periodically to see if you are still disabled. The frequency of the reviews depends on the expectation of recovery.

  • If medical improvement is "expected," your case normally will be reviewed within six to 18 months.
  • If medical improvement is "possible," your case normally will be reviewed no sooner than three years.
  • If medical improvement is "not expected," your case normally will be reviewed no sooner than seven years.

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What Can Cause Benefits To Stop?

     There are two things that can cause Social Security to decide that you are no longer disabled thus causing the Administration to stop your benefits.

     Your benefits will stop if you work at a level Social Security considers "substantial."  Usually, average earnings of $800 or more a month are considered substantial.

     Your disability benefits also will stop if Social Security decides that your medical condition has improved to the point that you are no longer disabled.

     You must promptly report to Social Security: any improvement in your condition, your return to work and certain other events as long as you are receiving benefits.  These responsibilities are explained in the booklet you will receive from The Social Security Administration when your benefits start.

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Free Part 3 - When A Claim Is Approved Consultation

Your Name: *
Your Telephone Number: *
Your Email Address: *

If you are not the claimant, please tell us the
best way to reach you:

If you are not the claimant, please tell us your
relationship to the person you are inquiring for:

Please note, we cannot properly consider your
case without a valid e-mail address.

Claimant's Name: *
Claimant's Telephone: *
Claimant's Email Address: *

*Please leave blank if you are the claimant
Claimant's Address:
City:
State, Zip:   
Telephone Number:
Cell (Mobile) Phone:

If you are the claimant, please tell us the
best way to reach you:
Your Current Age:

Work History:
Are you presently working? Yes   No
*If Yes, please note, we cannot assist you if you are working
When did you stop working?
In the last 7 years, please tell us about your work activity:

Year Full Year Part of the year Did not work at all
2007
2006
2005
2004
2003
2002
2001

Social Security Claim Status:

Have you applied for 
Social Security Disability 
(SSDI) in the last 18 Months?
Yes   No

If yes, is the 
claim still Pending?

Yes   No   Not Sure
If yes, at what level?

Was your claim denied?

Yes   No   Not Sure
If yes, at what level?

Give us the approximate 
date of your last denial:

 

Please describe your disability:
Please tell us some of your
physical and mental limitations:

Conditions & Symptoms:
Back Injury
Neck Injury
Hip Injury
Knee Injury
Foot Problems
Asthma
Bronchitis
Sleeping Problems
Depression Disorder  
Epilepsy
ADD
ADHD
Heart Problems
Poor Circulation
Nerve Problems
HIV
Hepatitis
Mental Illness
Anxiety Disorder
Panic Attacks
Bi-Polar
Multiple Sclerosis
Concentration Problems
Memory Problems

Is a doctor currently treating you?

Yes    No
If no, why not?
Is the injury work-related? Yes    No
If Yes, did you file a Workers 
Compensation Claim?
Yes    No
Are you receiving or have your 
Received Workers Compensation?
Yes    No
Do you have an attorney presently 
assisting you in a Social Security 
Disability (SSDI) claim?
Yes    No
If Yes, why are you seeking our assistance?
Please list the medications you are taking:


Are you receiving any other types of benefits
listed below? *Please check all that apply:

Long Term Disability
Early Retirement From Social Security
Widow's Benefits From Social Security
Personal Injury Settlement
Medical Malpractice Settlement
Other


How did you become disabled?
*Please check all that apply

Natural Causes
Sickness/Illness/Disease
Medical Malpractice
Car Accident
Injury or Accident
Medication or Product
Other

If you chose "Medical Malpractice," "Car Accident,"
"Injury or Accident," "Medication or Product," or "Other"

Date of incident:   *
City where incident occured: *
State where incident occured: *
What was the date of the incident?  
What city did the incident occur in?
What State did the incident occur in?   


Please tell us what happened. Be sure to include
all the facts including who was at fault and why:*


To Better Serve You:

Please tell us how you found us? If "other" please specify.
Please specify how you found us (if other than above):
If you found us using a search engine,
please tell us which search engine?
Please tell us exactly what terms you typed into the
search engine to find us? (i.e. Personal Injury Lawyers)

I understand that by filling out this free consultation form I am not forming an attorney client relationship. I understand that I may only retain an attorney by entering into a fee agreement and that by submitting this form I am not entering into a fee agreement. I understand that not all submissions may receive a response.
Yes   No
I agree that the above does not constitute a request for legal advice. I agree that any information that I will receive in response to the above question is general information and I will not be charged for the response to this e-mail question. I further understand that the law for each state may vary, and therefore, I will not rely upon this information as legal advice. I agree that if this matter requires advice regarding my home state, local counsel may be contacted for referral of this matter. I understand that email is not secure and thus I am not forming a confidential relationship.
Yes   No
I have read and agree with the TERMS AND CONDITIONS
Yes   No

By Clicking the box below, I agree to submit my case for a free case evaluation:



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PHARMACEUTICAL & DANGEROUS DRUG UPDATE:
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Qui Tam - Medicare Fraud
MRI Skin Disease - Gadolinium MRA linked to NSF

Zometa - Jaw Osteonecrosis 


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