Short Term Disability Claim Lawyer - Having a permanent or long-term disability can affect your life in several ways: physically, financially and emotionally. The following will give you a basic understanding of the Social Security application process for disability benefits.
Before the Social Security Administration (SSA) can even determine whether you have a qualifying disability, it must determine whether or not you are eligible to claim benefits. But wait. Isn't it the same?
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Imagine that a restaurant awards food to anyone named Steve who can also solve a complex riddle. If you know the answer to the riddle but your name isn't Steve, don't bother entering the contest. Likewise, before the SSA can dive into your medical records and evaluate your potential disability, there are basic requirements that must be met.
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Here's how it works: Disability benefits are a type of insurance. People pay for insurance through payroll taxes. If you stop paying by not working hard enough for a long enough period of time, you will be disqualified.
This is the same thing that would happen if you stopped paying car insurance premiums. Your insurer will eventually let you. If you later have an accident and file a claim, they will deny it. Similarly, your disability insurance policy will lapse if the premium is not paid due to insufficient work.
What is a sufficient amount of work? The amount of work you've done in your lifetime is divided into something called "credit quarters." How many quarter credits have you accumulated? This is enough? If you've stopped working, are you still insured? Or has enough time passed that your insurance has lapsed? An attorney can help you make these calculations and determine what this means for your claim.
Tip: If you don't have enough credit for the quarter, you may be able to apply for disability benefits through Supplemental Security Income (SSI). Initial eligibility for SSI is based on financial need.
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The SSA maintains a list of "medical disabilities" that generally qualify applicants for Social Security Disability (SSD) benefits. These conditions range from neurological disorders to immune system disorders.
But that doesn't mean you can't qualify for benefits if your disability isn't listed. Many conditions and illnesses can still qualify. However, you must have adequate and complete supporting evidence and documents if you hope to be approved.
If SSA determines that the applicant is unable to perform his or her previous job and is unable to perform other jobs in the national economy, the applicant may be considered disabled.
Before applying for benefits, you'll want to make sure you have everything you need. In addition to your social security number and proof of age, you'll need your employment documents:
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If you have family members who may be eligible for benefits, you'll also need their Social Security numbers and proof of age. Proof of marriage is also required for the spouse.
Tip: Documents must be originals or certified copies. SSA will return the originals after making copies.
One of the most important items you will need to complete your application is medical documentation. This includes contact information for the doctors, hospitals and clinics who treated you and when. This also includes lab and test results, a complete medication list, and any other information that may help you establish your medical disability.
Most Social Security Disability claims are denied. In North Carolina, only about 25 percent of initial disability claims are successful. It is common for applicants to want to give up after being rejected.
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However, there are many ways to apply and appeal for disability benefits. There are different decision-makers at each level, and this can be a cause for hope with each new appeal. But one of the biggest possible differences, at any level, is whether the applicant has a lawyer.
Your initial application is decided by a local Disability Determination Service (DDS) office. These services are funded by the federal government to determine whether you qualify for Social Security Disability benefits at the state level. Has an office serving North Carolina located in Raleigh.
Claiming Social Security Disability can be extremely complex, and our team is familiar with the system and laws governing Social Security. In fact, Attorney Rick Fleming, head of our Social Security Disability Section, is a North Carolina Bar Association Certified Specialist in Social Security Disability Law.
And that's not all. Almost every person on our Social Security Disability Disability team has previous SSD experience working for the Social Security Administration. This gives us an idea of what makes an application more likely to be accepted.
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Many of our Social Security paralegals have at least six years of experience as disability determination services experts for the Social Security Administration. Some of them are certified as "Level II" examiners, which means they have been involved in reassessments and performing ongoing disability reviews.
Social Security disability cases can be complicated. Knowing what to do can be confusing. We might be able to help. Contact the Law Offices of James Scott. We are on your side:
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Disclaimer: Your submission of any information does not constitute an attorney-client relationship. We have attorneys licensed to practice law in North and South Carolina. Long-term disability insurance (LTD) and short-term disability insurance (STD) are policies that protect an employee against loss of income if you are unable to work due to illness, injury or accident for a short or long period of time. Short-term policies protect employees who are unable to work for a short period of time, usually three to six months. Long-term policies can protect employees for several years. Both policies are usually paid as an employee benefit by the employer, but can also be purchased privately. This is not occupational accident insurance, but both types of policies cover an employee in the event of an injury or illness.
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Short-term disability insurance is an insurance policy that protects an employee against loss of income in the event that they are temporarily unable to work due to illness, injury or accident. Short-term disability insurance ensures that an employee will receive a percentage of income if they are unable to work due to a disabling illness or injury.
Most short-term disability insurance plans include certain requirements regarding the employee's eligibility for benefits. There may be a minimum length of service requirement or a minimum length of time the worker must have been employed. The plan may require full-time employment. In addition to these requirements, some employers specify that the employee must use all of their sick leave and may require a medical certificate confirming that an illness prevents the employee from working for a certain period of time.
Short-term disability insurance plans typically offer a percentage of the employee's pre-disability salary. Plans can provide benefits for as little as ten weeks or up to 26 weeks. Benefits may also vary depending on the employee's position or the length of time they have worked for the employer.
Long-term disability (LTD) insurance starts to help you when your short-term disability (STD) benefits run out. After an employee's short-term disability insurance benefits are due (usually after three to six months), long-term disability insurance pays the employee a percentage of his or her salary, usually 50-70%.
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Long-term employee disability payments in some policies have a specific time period, such as two to ten years. Others pay an employee up to age 65. Most policies will pay disability benefits if the employee is unable to work in their current occupation for a period of time, usually two years. The policy will then continue to be used if the employee is unable to perform any type of work. Most long-term disability policies require you to claim Social Security Disability Insurance (SSDI) benefits when you apply for long-term disability insurance. Most policies will reduce your benefit payments based on the amount of SSDI benefits you receive or are eligible to receive.
After you complete the application process, the insurance company, which is usually the plan administrator, may still deny the application for benefits. The company may argue that you can still perform the ordinary duties of your current occupation or that you can still earn a certain percentage of your average earnings. They may say that your doctor did not provide enough medical evidence to support your disability claim.
Typically, most denials occur when you apply for or receive long-term disability benefits. In long-term policies, you may receive benefits if you are unable to fulfill your regular work obligations. Most long-term policies provide that after you have paid benefits for a certain period of time, usually 24 months, they will continue to pay benefits if you are unable to perform the duties of any occupation that would earn you a certain percentage of the average you profits. As a result, the insurance company may stop your benefits if they believe you are unable to meet them
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