Monday, May 4, 2009

What are the different types of Social Security benefits that I might qualify for?

There are several different types of benefits you might qualify for. The most common ones are discussed below:

   A. Disability Insurance Benefits (DIB)
DIB benefits are paid to individuals who have worked at least five out of the past ten years before they became "disabled". There are some exceptions to this for younger individuals who become disabled before they have an opportunity to work 5 full years. Once the individual has worked five out of the past ten years and has reported that income to Social Security they become what Social Security calls "insured". To get DIB benefits the individual must prove that they are both insured and disabled at the time their disability began. It doesn't matter how much money or other assets the individual has for DIB benefits. It is an insurance program. If the individuals are insured and disabled, they get benefits.

   B. Children of DIB claimants
If the individual gets DIB benefits and has children, those children may qualify for benefits through their parents. They don't have to be disabled. The benefit is usually one half of the parent's benefits divided among the children, subject to certain family limits.

   C. Supplemental Security Income (SSI)
SSI is a welfare program. Individuals who have not worked enough for DIB benefits or who even though they get DIB benefits are still under certain income and asset guidelines, can qualify for SSI. An SSI claimant must prove "disability" in the same manner as a DIB claimant. They then must meet certain income and asset guidelines. Children of pure SSI claimants do not draw benefits through their parent.

   D. SSI Children Benefits
If an individual is "disabled" before age 18 and their parents (or whoever is taking care of them) income and assets meet certain guidelines they may qualify for SSI benefits in their own right. The definition of disability in a child's case is different than in an adult's case. In child cases it must be proven that the child has a severe impairment or a combination of impairments that causes a marked degree of limitation in at least two areas.

   E. Disabled Widow or Widower's benefits
Disabled individuals who are over 50 years of age and were married to an insured deceased spouse for a certain number of years, may be able to draw benefits based on the deceased spouse's earnings record.



GetSocialSecurityDisability.com   >>Free Eligibility Form

What can I do to help my attorney win my case?

   A. The most important thing you can do to help your attorney is to keep him informed of any new addresses or phone numbers you might have. Your attorney cannot help you if he cannot find you.

   B. Go to the doctor and take all medications the doctor prescribes as you are directed to do. Our clients are given a list of doctors who take charity cases. The list also provides various ways to obtain prescription medication at reduced cost. If you are unable o go to the doctor or obtain medication you should document the efforts you have made to do so and be able to explain those efforts to the judge. It will be very difficult to win your case if you are not seeing a doctor and taking your medications as prescribed.

   C. If you have seizures, panic attacks, etc, document these and keep a record of when you have them and the severity of them.

   D. Let your attorney know of any new medical records that he might need to get to prove your disability.

   E. Fill out any disability or work reports requested by Social Security. Don't put down "its in my records" even if you have previously filled out a similar report. Do your best to get the dates correct.

   F. Prepare for your hearing with your attorney and if at all possible in person. The attorney can give you pointers as to how best explain things to the judge so it will be presented in the best light possible. The attorney needs to meet with you in order to advise you how to better testify. If it is not possible to meet with the attorney, your case can be prepared by phone, but it is not as effective as it would be if prepared in person.

   G. Be honest about what is wrong with you. There are two difficult clients, the He-man client and the hypochondriac. The He-man doesn't want to even go to a doctor and doesn't want to even admit that anything is wrong with him. The hypochondriac believes that everything is wrong with him from his head to his feet. Please remember, the judge hears hundreds of cases a year. It is very likely that he has several cases of individuals much worse off than you are. You should not complain or exaggerate your condition, nor should you hide it from the judge. You should be as honest and factual as possible. If you exaggerate your case the judge will have a tendency not to believe anything you say.

   H. If you are taking illegal drugs or drink excessive alcohol, STOP! If the judge determines that the illegal drug use or excessive alcohol use is material to your disability, you will not win your case. If you are smoking you need to strongly consider stopping especially if your disability involves difficulty breathing. I have also had numerous clients that testify they cannot afford their prescription medication yet purchase and smoke two to three packs of cigarettes per day.

   I. If you want to go back to work consult your attorney first and see what impact it will have on your case.

   J. Understand that your attorney doesn't control the Social Security administration. Your attorney does not get paid until you do. Don't take your frustration with the Social Security Administration out on your attorney. I know it is hard to resist doing this. Please remember that your attorney is only human. While the attorney is going to do his best for all clients. It is much more productive if the attorney can get along with, and communicate with his client. Also understand that it takes a long time to get a hearing. While it is your right to switch attorneys, you should give your attorney a chance to win your case. Don't take your frustrations with the system out on the attorney. Remember he isn't going to get paid unless you do



taken from F.A.Q's at http://www.getsocialsecuritydisability.com


WE SINCERELY HOPE THIS HELPS

Why do some people get disability when they are not disabled and I keep getting turned down?

Why do some people get disability when they are not disabled and I keep getting turned down?

One possibility is that someone is much more disabled than they appear. They may be in great physical shape but have a mental disability, or have a physical disability that is not visible. 

The other fact is that life is sometimes not fair. Some claimants draw easier judges than others. 
While they all follow the same law many interpret the facts of your case differently. 
It is often necessary to keep appealing your case until you draw someone that interprets the facts of your case favorably.


Have a question about Social Security disability?
info@getsocialsecuritydisability.com