Social Security Disability Benefits

What Kinds of Benefits Are Available To Disabled Veterans?

Both the Department of Veterans Affairs (VA) and the Social Security Administration (SSA) offer a variety of benefits to physically and mentally disabled veterans. Each institution defines, regulates, and administers them separately. VA Benefits There are two programs available to veterans through the VA: (1) service-connected disability compensation and (2) non-service connected pension. To qualify for service-connected disability compensation, a veteran must meet the following eligibility requirements: -The individual cannot have been dishonorably discharged. -The individual must have become disabled in the line of duty. -The individual’s disability cannot have resulted from his or her own doing (i.e. drug or… Learn More

Terminating Social Security Disability Benefits after Cessation Determination

A review of 250 Disabled Individual medical cessation determinations by the Social Security Administration Office of Inspector General (OIG) revealed that 30 percent of beneficiaries were receiving benefits improperly, as benefits were not terminated in a timely manner. In some instances, around two-thirds of the sample, beneficiaries received improper payments anywhere from 1 to 6 months. 5 cases were discovered to have received improper payments for 31 to 63 months. About 16 percent of Social Security Income cases received improper payments as well. Since 2003, SSA has been working on correcting this issue. Despite their efforts, the Agency was unable… Learn More

Social Security Disability and Worker’s Compensation

Serving all of California Disabled individuals who have been injured at work may be eligible for worker’s compensation benefits as well as Social Security Disability Benefits. Generally, a person injured in a work accident will be put on temporary workers compensation benefits and begin medical treatment. If the injury is so severe that the injured worker cannot return to his/her past job or any type of work, a Social Security Disability Claim may be filed. One advantage of getting medical treatment under the workers compensation system is that the treating doctor will prepare a permanent and stationary report when the… Learn More

Your Social Security Disability Benefits Hearing

You must be prompt and on time to your Social Security Disability hearing if you do not want to risk the chances of your claim being dismissed by the judge, who has the authority to do so. It is recommended that you arrive at least 60 minutes early, so that any chances of being late or prevented from attending are nullified. The hearing is informal so there will be no government attorney arguing against you, but the hearing will be tape recorded. If you wish to have a relative or friend present during the hearing you must obtain permission form… Learn More

Social Security Disability Appeal to an Adminstrative Law Judge

It is not uncommon to receive a denial from Social Security after filing a reconsideration appeal of your claim for Social Security Disability Benefits. Do not be discouraged, an appeal can be filed so that you can appear before an administrative law judge (ALJ). The appeal needs to be filed within 60 days of receiving the denial, with an additional 5 days for mailing purposes; that is to say, you have a total of 65 days to file the request. If the appeal is not submitted within 65 days, then the ALJ is subject to dismiss your case. An Administrative… Learn More

Defending Social Security Disability

Recently, many reports and studies have been critical of the Social Security Disability program. Also some newspaper articles have been critical of the program. A new report has now been written explaining the Social Security Disability Program and answering its critics. The new report explains that the rise in Social Security Disability rolls is due to the aging of the US population and the rising retirement age. The paper explains that baby boomers are reaching their disability years, thus increasing Social Security Disability costs. The paper explains that the Social Security Disability system is not out of control. Indeed, only… Learn More

Social Security Disability and Fybromyalgia

Individuals who have fibromyalgia have had a very difficult time getting Social Security Disability. Social Security Disability judges have denied claims based on fibromyalgia by finding that the claimant is not believable and that there is no medical diagnosis. Fortunately, the Social Security Administration has recently reissued a ruling (SSB)12-2p that will help claimants win cases based on fibromyalgia. The ruling states that fibromyalgia can be a medical impairment to work and can be the basis for finding disability. Under the ruling the claimant must have a diagnosis of fibromyalgia which is consistent with medical standards for diagnosis of fibromyalgia…. Learn More

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The National Advocates organization is pleased to announce that Mr. Fred Fleming has been selected for inclusion into its Social Security Disability Law specialty, an honor given to only a select group of lawyers as recognition of their superior skills and qualifications in the field.