Social Security Disability Archives

Can My Kids Get Social Security Benefits If I Am Disabled?

December 15, 2018

Disability doesn’t just affect the ill or injured person. Loved ones also suffer, especially financially. If the disabled person is unable to earn an income, their children and spouse often struggle. Families don’t usually plan for such circumstances. They don’t even like to think about them. Luckily, your family can benefit if you are eligible for Social Security.

What is Disability Under Social Security?

Under Social Security, the definition of disability is stricter than under some other programs. Social Security only pays for total disability. It does not cover short-term disability or partial disability. The assumption is that families have access to other resources for short-term conditions. These include insurance, savings and workers’ compensation.

The Social Security Administration considers you disabled if:

You can’t do the work you did before
You can’t adjust to other work because of your condition
Your disability is expected to last for at least one year or result in death

How to Qualify for Social Security Benefits, According to Disability Lawyers in Greenville, SC

You must have worked in jobs which allowed you to be eligible for Social Security. Then, you must have a medical condition which meets the above definition. Social Security generally pays monthly benefits to individuals who can’t work for a year or longer because of a disability. You get benefits until you are able to work regularly again.

You must also have worked long enough and recently enough to qualify for benefits. The SSA determines work credits based on your total yearly wages or income from self-employment. Each year, you earn up four credits. The amount of work needed for a credit changes each year. For 2018, you earned one credit for each $1, 320 of income. You would, therefore, earn four credits when you earned $5, 280.

There is something else you need to consider. The number of work credits you need depends on your age when you become disabled. You generally need 40 credits. You should have earned 20 of them in the last ten years. Younger workers may be able to qualify even though they have fewer credits.

Benefits Your Children Can Receive Under Social Security If You are Disabled

Once you have qualified for disability benefits, your children can also receive benefits based on your record. The eligible child can be your biological child, stepchild or adopted child. If you have a dependent grandchild, they may also qualify.

In order to receive benefits, your child must be unmarried. They must also be:

Younger than age 18
A full-time student in grade or lower if they are 18 to 19 years old
18 or older with a disability that began before the age of 22

Children’s benefits usually stop at age 18 unless they are disabled or in school full-time. For those still in school, benefits continue until they graduate or two months after they turn 19, whichever comes first.

An adult who developed a disability before age 22 may be eligible for children’s benefits. They receive support when you start getting disability benefits. This is considered a child’s benefit because it is based on the parent’s record. It does not matter if the disabled adult child has never worked. The adult child can be an adopted child, stepchild, grandchild or step-grandchild. They must be age 18 or older and meet the definition of disability in adults.

If you don’t qualify for Social Security Disability Insurance, your disabled children may still be able to get support. They may be eligible for assistance under the Supplemental Security Income program. SSI is for low-income individuals who become disabled. There are specific requirements for qualification. The resources of the entire household are taken into consideration.

The child must meet specific medical requirements for eligibility. They must:

Have “marked and severe” limitations. These limitations must severely interfere with their ability to function at the level of other children their age.
Have been disabled for the past 12 months or be expected to be disabled for 12 months. Alternatively, they must have a disability that is expected to result in death.
Not be working and earning over $1,200 per month.

Disabled children don’t have to prove they won’t be able to work. The SSA will determine whether the child’s limitations are so severe that they need to move to full disability.

Contact Disability Lawyers in Greenville, SC for Assistance

If you are disabled and finding it difficult to get your children covered until Social Security, you need an attorney. At J.Robert Surface, you can get all the advice, guidance and representation you need. Don’t delay in seeking assistance. Contact us today for your first consultation.

5 Ways Social Security Protects You and Your Family

November 15, 2018

When Social Security payments are deducted from your paycheck each month, you may see it as an inconvenience. However, this investment actually protects you and your family when necessary. It is taken from your pay from your first job in Greenville, SC. You receive credits throughout your working life. You, your spouse and your children can benefit from varying Social Security benefits.

Let’s look at some of them.

Disability Benefits

You may not think you are at risk for becoming disabled. However, it can happen because of a car accident, illness, work-related injury or another situation. If you are no longer able to work, you will need to apply for disability insurance benefits. These cover serious medical conditions which leave you unable to work for at least a year. Conditions which are likely to result in death are also covered. Unfortunately, the process is not straightforward. You will need to provide lots of information to support your claim of total disability. You will benefit significantly from the services of a social security disability attorney in Greenville, SC.

Retirement Benefits

When you are older and no longer working, retirement benefits provide you with a source of income. Once you earned enough credits, you can receive full benefits at age 66 or 67. You can start receiving benefits at age 62 but the payout would be reduced. Waiting until the age of full retirement increases your benefits by around 8% per year until age 70. It is, therefore, best to delay retirement for as long as you can. Either way, you can be sure of getting an income when you are no longer interested in working.

Child Benefits

If you have minor children while you are receiving disability or retirement benefits, this ensures they are supported. Benefits are paid to unmarried children who are

Below the age of 18;
From 18 to 19-years-old, but are in secondary or elementary school full-time
Age 18 or over and severely disabled. The child’s disability must have been known before the age of 22. The benefits may continue for as long as the child is unable to work.

The amount of work you need to qualify for such benefits depends on your age when you stop working. Parents under 24 only need to work for one and a half years for their children to receive benefits. The amount of work necessary increases as you age but it is never more than ten years.

Social Security also pays Supplemental Security Income to disabled children whose families have limited income and resources. They must be under 18. These payments are based on need and not the amount of time the parent worked. The parent may have died, retired, or become disabled.

Spousal Benefits

If you receive retirement or disability benefits, your spouse may get benefits if they are at least 62-years-old. This applies even if they were never covered under Social Security. Divorced people may also be able to get benefits on their ex-spouses record depending on the circumstances. Your spouse of any age can also receive benefits if they care for your child who is also receiving benefits.

If an individual is eligible for their own retirement benefits and spousal benefits, their individual benefits will be paid first. If the spousal benefits are higher, the individual will get a combination of benefits equal to the higher sum. There are many other factors involved in calculating spousal benefits. Couples who need guidance should contact one of the disability lawyers in Greenville, SC.

Survivor Benefits

You may not want to think about the day you die. However, social security can provide much-needed benefits for your survivors. Widows and widowers, children, and dependent parent can all be eligible. Survivor benefits ease the financial burden on them. These benefits may be more significant than your life insurance payout.

Widows and widowers can receive reduced benefits at age 60 or full benefits at full retirement or older. They can switch to their own benefit at age 62 if they qualify. Widowed individuals can also get benefits from age 50 if they’re disabled. However, their disability must have begun before or within seven years of their spouse’s death. Widows and widowers can also receive benefits at any age if they care for the deceased’s disabled child.

Why You Need a Social Security Disability Attorney in Greenville, SC

There are certain criteria which must be met in order to get benefits. Some cases are easy but others are a bit more complicated. While the paperwork is usually difficult to fill out, it may be a challenge to prepare some of the supportive documents. Generally, applicants who have a lawyer generally find it easier to get through the application process. Sometimes claims are denied and the services of an attorney become invaluable in filing an appeal.

Contact One of The Best Disability Lawyers in Greenville, SC

Whether your case is one of retirement, disability or spousal benefits, we can help you. Contact J. Robert Surface for advice and assistance. Navigating the Social Security system can be difficult when you try to it alone. Schedule a consultation today and put your mind at rest.

Avoid Social Security Disability Scams and Identity Theft!

October 15, 2018

Social Security numbers are like a gold mine for identity thieves and scammers. Many people who get Social Security benefits are already vulnerable because of age or disability. Criminals take advantage of this. They trick innocent people into giving away private information about themselves. They then use this information for their own gain. In 2017, 16.7 million people fell victim, an increase of one million victims over the previous year.

Some scammers call and say there has been a computer problem and they need to verify your Social Security numbers. Others collect information via websites set up to look like valid government sites. Some even go through victims’ trash or steal their mail. They then assume the victim’s identity. Whatever the method, identity theft is a major problem in South Carolina and the wider United States. It can take a long time for people to recognize they were compromised.

Scammers are smart, but you can do everything in your power to protect yourself. If you apply for Social Security benefits, there are some steps you need to take. No one should be able to make a living off your well-deserved disability benefits. If you have already fallen victim, don’t be ashamed. Just try to make sure it never happens again.

Advice from Disability Attorneys in Greenville, SC on How to Avoid Scams

With a little extra caution, you can reduce your chances of falling victim to a scam. You should:

Never give callers your personal information.
- If someone calls you on the phone, don’t give them any sensitive information. This includes your bank account details, credit card number or Social Security number. You can’t be sure who is contacting you so it is best not to give out any information. If the person tries to pressure you or they threaten you, you can be sure it is not a legitimate call. Don’t give in to their threats.

Never trust someone just because they sound official or professional.
- Scammers tend to use names and titles which sound official in order to get you to trust them. They may even use a falsified area code to make you think they are in a particular location. In reality, you could be talking to anyone anywhere in the world. Don’t assume people are who they say they are.

Never give out personal information via email or text.
- The SSA will never ask you to do this. If you get such a message, it is definitely a scam. If you do not recognize the sender’s name or email address, delete the message. You can take a screenshot and contact the SSA to ensure they are aware of the scam.
Never let a representative payee handle your benefits without checking your statements.
- Sometimes those you trust are the ones who betray you. If you are disabled, it is understandable that someone else may be taking care of your benefits. However, you should always check your monthly statements and store them in a safe place. You should keep all related documents in a safe place as well.

To protect yourself, check with the Social Security Administration any time you are unsure. The SSA has issued several warnings about scams. You should contact them directly if you received a suspicious call. Ask them to verify if they had reason to contact you. They should also be able to identify the name of the person who reached out to you. They can let you speak to the person then or have them contact you later. This may seem like a lot of work but it is really better to be safe than sorry.

Contact A Social Security Disability Lawyer in Greenville, SC for Assistance

If you believe you have been a victim of identity theft or another scam, you need an attorney. This is especially the case if you believe you aren’t getting satisfaction from the Social Security Administration. When you are trying to manage a disability and life’s usual challenges, a matter like this can be overwhelming. Instead of trying to handle things on your own, contact J. Robert Surface in Greenville, SC. Schedule your consultation and we will get on your case. We will sort out all the varying elements and work to protect your benefits. Make that call today!

Can Social Security Disability Insurance Benefits Be Increased?

August 15, 2018

Many Greenville SSDI beneficiaries mistakenly believe that they can increase their Social Security Disability Insurance benefits if they can prove that their condition or disability has gotten worse. Unfortunately, this is not true, and any Greenville social security lawyer can confirm it.

As the program definition explains, Social Security Disability benefits are only available to those who are “insured”, namely who have worked and paid their Social Security taxes. It depends on the beneficiary’s lifetime earnings and payments before their disability set in, and not on their disability.

While the existence of a disability, of a condition that prevents the applicant from engaging in substantially gainful activities, is mandatory, its aggravation does not increase SSDI benefits amount. However, the benefits amount may increase in two different situations that we will discuss in the following lines.

The Two Ways to Increase Social Security Disability Insurance Benefits

1. Cost-of-Living Adjustments (COLA) Increases

COLA is an index the Social Security Administration uses when calculating SSDI benefits to keep up with fluctuations in the cost of living, to adjust Social Security Disability Insurance benefit amounts to any fluctuations in the prices of services and goods.

The Department of Labor’s Consumer Price Index measures keeps track of any increases in the prices of services and goods. The Consumer Price Index reflects increases in those prices and, implicitly, in the cost of living. Therefore, COLA evolutions reflect fluctuations of the Consumer Price Index.

For 2018, the SSA announced an increase of 2% in the SSDI and SSI benefits due to COLA. According to their estimates, more than 61 million beneficiaries have been enjoying this increase starting with January 2018.

2. Additional Social Security Payments

Another way to increase SSDI benefits is through additional social security tax payments. This is only possible for those who continue to work while receiving SSDI benefits, and should not be attempted without the advice of an experienced Greenville social security lawyer.

As mentioned above, the Social Security Disability Insurance benefits someone receives depend on the number of years they worked and paid social security taxes before becoming disabled, and on their earnings (taxes paid) throughout those years.

Therefore, someone who continues to work and pay social security taxes while receiving SSDI benefits should be able to see an increase in the benefits they receive. In practice, this is mostly true for those who have worked for few years and had low earnings.

Also, the strategy can backfire, since the main requirement for someone to receive SSDI benefits is to be unable to perform substantially gainful activities. For 2018, these activities include any type of work that could bring an SSDI beneficiary monthly earnings of $1,180.

It is important to note that, if a beneficiary works and earns just under $1,180 and the SSA conclude they are able to work a few hours more or perform some other type of substantially gainful activity, their SSDI benefits, no matter their value, would be in danger.

The best proof that SSDI benefits do not depend on one’s disability, income, or other factors than the ones mentioned above is that, upon reaching full retirement age, SSDI benefits automatically turn into retirement benefits, and the amount remains unchanged or increases very little, subject to the above-explained factors.

At the same time, two SSDI beneficiaries in Greenville SC who have the same disability may receive significantly different amounts, depending on the number of years they worked and on their earnings and, implicitly, social security taxes paid.

Those who feel their SSDI benefits do not reflect their rights or financial situation can use the SSA benefits calculator to estimate how much money they should receive, or create a My Social Security Account on the SSA website. The best solution to receive answers to any SSDI-related questions, advice, and assistance with any related formalities is to consult an SSDI insurance lawyer.

Get in Touch with an Experienced Social Security Lawyer in Greenville, SC, Today!

If you have questions related to your Social Security Disability Insurance benefits amount, you need assistance applying for benefits, or you want to increase SSDI benefits but you do not know how you should consult an experienced attorney.

Robert Surface has been helping many Greenville, SC, residents obtain SSDI benefits, representing them and defending their interests in front of the SSA. He can help you too, and the first consultation with him is FREE!

You can schedule it now, by calling (864)300-4994 of filling in the online contact form. You are one step away from receiving the advice you need from an experienced and reputed Greenville social security lawyer, so why waste any more time!

What Are Common Roadblocks For Receiving SSDI Insurance In Greenville, SC?

July 15, 2018

Approximately two-thirds of the SSDI insurance claims filed every year in Greenville, SC, and throughout the country receive a negative answer. As if that were not enough, the claim review process takes months, time in which the applicants lose money or gather debts.

The reasons why the Social Security Administration may deny a claim are numerous and they range from insignificant procedure errors or mistakes to insufficient evidence or ineligibility. The best way for Greenville applicants to prevent a denial is to work with an Social Security Disability Insurance lawyer.

Experienced Greenville SSDI insurance attorneys are familiar with the roadblocks for receiving SSDI benefits and know how to avoid them. We will review the most common roadblocks in the following lines.

The Most Common Roadblocks to Receiving SSDI Insurance in Greenville, SC

1. Insufficient Evidence

Since the SSA does not mention specifically how much evidence an applicant should submit, or what type of evidence they should provide, many applicants submit the medical reports they have, without realizing those are incomplete or fail to prove all aspects of their disability or their inability to work.

That is why it is advisable for applicants to hire an SSDI insurance lawyer in Greenville, SC. The latter can analyze the available evidence and assess whether it is sufficient or additional evidence is required. In case the available evidence is not enough, the attorney will also be able to tell what is missing.

2. Short Lasting or Mild Medical Condition

Only severe conditions or disabilities expected to last twelve months or more qualify for SSDI insurance, so claims referring to minor disabilities that last less will automatically receive a negative answer. The SSDI benefits are available to Greenville residents whose impairment is severe enough to affect them for one year or more and prevent them from working at full capacity and earning their living in the meantime.

3. Applicants’ Failure to Comply with Doctor Recommendations or Treatment Protocol

When applying for SSDI benefits, applicants must prove not only the severity of their condition but also their compliance with doctors’ orders. For example, if a doctor recommended surgery, the patient will have to prove they underwent surgery. Failure to follow doctors’ orders could make the patient responsible for their condition and disqualify them from receiving SSDI insurance benefits.

4. Disability Having Alcohol or Drugs Abuse as a Main Cause

The SSDI insurance does not cover situations in which the inability to work comes from addiction to alcohol or drugs, or the applicant’s condition could improve if they gave up alcohol or drugs.

5. Failure to Meet Non-Medical Eligibility Requirements

Claims that do not meet the requirements of the SSA usually result in a denial. The most common non-medical requirements refer to the applicant’s financial situation. For example, applicants should not earn more than $1,180 per month ($1,970 for blind applicants), which is the threshold for substantially gainful activities.

Other examples include providing incorrect information, missing SSA appointments, failing to report relevant data, and more. Many applicants meet all requirements but fail to provide current contact information and the SSA cannot get in touch with them to request more evidence, schedule a consultative exam, or ask additional questions.

6. Applicant’s Lack of Cooperation with the SSA

When applying for SSDI insurance, Greenville residents have to allow SSA to check their medical files. They also have to be ready to respond to any requests for additional documents and participate in consultative exams. Failure to do so will lead to benefits denial.

7. Applicant Incarcerated, Violating Parole, or Disabled While Committing Felony

SSDI insurance is not available to those incarcerated, those who acquired their disability while committing a felony, and those who are on probation or parole who violate the terms of their release.

8. Fraud SSDI Insurance Claims

As any SSDI insurance lawyer in Greenville will confirm, trying to obtain disability benefits by fraud is not a good idea. The SSA reviews every SSDI claim carefully and will catch any inconsistencies.

Moreover, the doctors conducting the disability rating and eventual consultative exams will surely identify the fraud attempt and report it. Not only that the applicant will not receive SSDI benefits, but they will expose themselves to serious charges and punishes.

Avoid Roadblocks and Obtain SSDI Benefits with the Help of an Experienced Greenville SSDI Insurance Lawyer

Applicants whose claims are denied can request the SSA to reconsider their application. However, the process will take months, and there is no guarantee the SSA verdict will be favorable. The best course of action for all applicants is to seek assistance from an experienced SSDI insurance attorney.

If you want to make sure your SSDI benefits claim is approved, save time and effort, and gain peace of mind, your best bet is to work with an experienced SSDI insurance lawyer like Robert J. Surface. Call (864)300-4994 or fill in the contact form now, and schedule a Free consultation at our Greenville office!

What can a Greenville Family Spend SSI Child Disability Funds on?

May 15, 2018

Being successful with your SSI child disability application means that you will begin receiving monthly federal payments. Taking care of a disabled child can be incredibly costly, which is why the financial assistance is going to help the family immensely. What can a Greenville family spend SSI for children on and are there limitations?

SSI Child Disability Benefits: An Overview

The person who receives the SSI funds on behalf of a disabled child is called the payee. The Social Security Administration has created a detailed guide that payees can rely on to understand their obligations and responsibilities better.

The guide has a section on how payees must use the monthly benefits.

According to the document, the first responsibility of the payee is to take care of the beneficiary’s everyday needs. These everyday needs include shelter, personal care, clothing, food and medical assistance. Recreational expenses can also be covered via the SSI child disability benefits.

One very important thing to keep in mind is that payees are not entitled to taking a fee or a commission out of the monthly SSI payment for the care that they provide.

After the basic needs of a disabled child are met, remaining funds are to be used for improving daily living conditions. Giving the child access to better medical care is one option. Paying fees for specialized school or training programs can also happen under the SSI program.

Finally, the SSA authorizes special purchases through the use of child disability benefits.

Special purchases for the beneficiary could include a new residence that is better suited to meet their needs, automobile equipment that will increase mobility or home improvements like the purchase of specialized furniture. Whenever such purchases are considered, the Social Security Administration may be contacted. Its consultants can guide a Greenville family through the purchase and whether SSI for children funds can be used to cover the expenses.

To get in touch with the Social Security Administration, call 1-800-722-1213. This is an automated service that can also be used to schedule a call with an SSA consultant.

Payee Misuse of Benefits – When Does It Occur?

Payees are required to maintain detailed records of the purchases and the services that SSI for children funds were spent on through the years. A Representative Payee Report will be mailed to the respective individual on an annual basis, and the report has to be completed and sent back by all payees. Some of the payees could be chosen for an onsite review. The performance of payee duties will be assessed during such sessions.

On occasions, a Greenville payee may use the SSI funds in a way that is not authorized or recognized by the SSA. In such situations, payee misuse of benefits will occur.

Allegations of funding misuse will be investigated thoroughly, which is why fiscal responsibility should never be taken lightly.

Payee misuse of funds can occur in a few specific scenarios. The most common ones include:

Spending a portion of the funds on purchases that will not benefit the disabled child
Stealing the beneficiary’s funds and making them available to a third party
Deducting certain amounts in the form of a personal commission or a care fee

Anyone who suspects that SSI for children fund misuse is occurring can submit a signal to the Social Security Administration. Whenever misuse of funds is established through evidence, the guilty party will be responsible for paying the entire amount back.

In addition, the suitability of a particular individual to remain the payee is also going to be re-examined. A new payee could be appointed in such situations.

A person that makes full restitution and that observes the rules of the program in the future may be allowed to remain the payee.

Keep in mind that payee misuse of benefits could eventually be subjected to a criminal investigation. Both a prison sentence and a hefty fine could be the outcome of criminal prosecution, especially if the misuse of funds has been occurring systematically over a certain period of time.

Get Legal Assistance

Navigating the child disability benefits process could be confusing and overwhelming in the very beginning. This is why you may want to seek legal assistance. An experienced disability lawyer will help you handle the application process, and you will also be consulted about the best ways to spend the monthly payments.

We have the knowledge and the background to tackle even the most challenging SSI child disability issues. Don’t hesitate to contact us today and acquaint us with the specifics of your situation.

How Does SSI for Children in Greenville Work?

April 13, 2018

The supplemental security income (SSI) for children program gives parents and guardians access to an additional resource that they may use to care for a disabled child. Dealing with childhood disabilities is an emotionally and financially-draining process. Knowing that some type of assistance is available (both financial and medical) can help the family get back on track when it comes to offering a child in need the best possible care. SSI for children in Greenville depends on meeting the qualification criteria. SSI child disability comes with a few key requirements that will be examined in further detail in this guide.

SSI for Children – The Criteria for Receiving Child Disability Benefits

According to the official Supplemental Security Income website, several criteria have to be met for participation in the program.

A child is defined as an individual under the age of 18 who is not married or a head of the household or an individual under the age of 22 who is still attending school. There is no minimum age requirement. Once a child turns 18, disabilities will be assessed once again to determine whether they will qualify for disability assistance for adults.

SSI child disability benefits are provided to individuals who:

Are blind
Have a medical diagnosis of a physical or mental impairment that causes functional limitations
The impairment is chronic, or it could be expected to eventually cause death

There is no duration requirement for blind children who may receive benefits under the SSI child disability program. Children that are approved will be entitled to monthly disability payments. The payment will depend on location and whether the child has a countable income. As of the beginning of 2018, the federal base rate for SSI payments was 750 dollars per month.

Usually, this amount will be handed out to a payee. Both a parent and a guardian can serve as payees under the program. This individual has a couple of additional responsibilities on top of receiving the child disability benefits. These responsibilities include keeping track of the benefits being paid and spending the funds in the best possible manner on behalf of the child.

Usually, SSI funds are intended to be spent on the basic needs of a disabled child. Such basic needs include food, medical assistance, shelter, clothing, and items of personal necessity.

A More Thorough Look at Qualifying Disabilities

Greenville families that are taking care of disabled children may be wondering whether they qualify for SSI child disability benefits.

As far as blindness goes, the situation is pretty straightforward. What other conditions, however, will entitle Greenville families to this kind of federal assistance?

The Social Security Administration creates a standard manual that it updates on an annual basis. This document features a list of the medical conditions and disabilities that will qualify a family for assistance under the SSI for children program.

Some of the conditions included in the 2018 edition of the manual include the following:

Musculoskeletal problems that restrict mobility
Hearing loss
Neurological disorders like epilepsy
Autism, schizophrenia and other mental disorders
Sjogren’s Syndrome and Marfan Syndrome
Anemias and hematological disorders

A family does not have to meet these requirements strictly in order to be awarded disability benefits. As mentioned early, a medical report should suggest that the respective disability causes severe functional limitations, it is chronic, or it could potentially cause death. In such instances, a disability that is not listed in the guidebook can contribute to a successful SSI child disability application.

Get Legal Assistance to Increase the Strength of Your Application

A disability lawyer can help a family that is looking forward to receiving federal assistance under the SSI for children program.

The Social Security Administration does offer applying families some assistance, but there are specific situations in which consulting a lawyer will come in handy. Families that have been denied SSI benefits should definitely see an attorney. The administration’s decision can be appealed, and a successful appeal should be prepared carefully.

An attorney will know which medical tests, reports, and evaluations will yield satisfactory results when it comes to qualifying for SSI. An attorney will handle the entire process for you – from contacting school officials to obtaining relevant medical records.

We can guide you through the intricate application process and help you get the financial resources that are so important for the health and the well-being of your child. Please do not hesitate to contact us today and acquaint us with the specifics of the situation.

Can I Receive Both SSDI Benefits and Workers’ Compensation in Greenville, South Carolina?

March 15, 2018

The Basics of SSDI Benefits

Social Security Disability Insurance (SSDI) is a program which provides benefits to those who are unable to work because of their disability. To qualify for these SSDI benefits in Greenville, South Carolina, you must have a disability as defined by the state of South Carolina and have paid enough into social security for enough years. If you are disabled and have not paid enough into social security but have a low income, you may qualify for SSI (Supplemental Security Income) benefits.

The Social Security Disability Insurance program (SSDI) provides benefits to those who are classified as disabled as defined by the Social Security Administration (SSA). The SSA states that a person is considered disabled if he or she has a mental or physical condition which prevents them from working for one entire year.

You are considered disabled if:

You can no longer perform the work you did before your disability.
You are unable to adjust to different work because of your condition.
You have had your disability for at least 12 months.

In addition to having to meet the SSA’s definition of disabled, you must also have earned enough work credits during the years you have worked.

How Do I Qualify for Workers’ Compensation Benefits in Greenville, South Carolina?

Workers’ compensation laws in Greenville, South Carolina state that every employee in the state is protected under the Workers’ Compensation Act with the exception of:

Railroad employees
Federal employees
Agricultural workers
Businesses with less than 4 employees
Some types of real estate agents
Some casual or temporary employees
Corporate officers

An employee can receive workers’ compensation for personal injury or even death as a result of an accident which occurred at work. Workers’ compensation benefits in Greenville, South Carolina cover loss of wages during the disability, medical treatment, and compensation for disfigurement or disability.

SSDI Benefits Lawyer in Greenville, South Carolina

You may need both workers’ comp and SSDI benefits to make ends meet. J. Robert Surface Law can help your case.

The workers’ compensation program in Greenville, South Carolina provides medical care and benefits in the form of cash payment for any illnesses or injuries caused on the job. Employees who have been injured on the job in Greenville, South Carolina are eligible for workers’ compensation benefits if they can prove that their illness or injury was caused during their normal line of work.

To qualify for workers’ compensation benefits in in Greenville, South Carolina, the employee has to be able to prove that his or her illness or injury happened in the workplace or the injury or illness was related to work.

If you have been injured on the job and have been granted workers’ compensation benefits, you are entitled to compensation for lost wages, medical treatment (doctor’s visits, prescriptions, surgery, physical therapy, etc.) and compensation for long-term disability.

Can I Receive SSDI and Workers’ Compensation at the Same Time in Greenville, South Carolina?

SSDI benefits are separate from workers’ compensation benefits. Under South Carolina law, you are entitled to receive workers’ compensation benefits and SSDI benefits at the same time, given that you meet the requirements set for both programs. If you are unsure of what the requirements are, contact a lawyer at Robert Surface Law today to help guide you through the process to make sure that you get the full benefits you’re entitled to.

It is important to talk to a lawyer because federal law states a significant limitation for those eligible for both benefits.

If you receive both SSDI benefits and workers’ compensation benefits, your benefits must not exceed 80 percent or more of the income you earned before your injury. This means that if you received a large lump sum from a workers’ compensation settlement, there is a chance you may no longer be eligible to receive SSDI benefits. Many people who agree to these types of settlements are typically not aware of the consequences it can have on their SSDI benefits, which is why you should contact a disability lawyer who is experienced in these types of cases before agreeing to any type of workers’ compensation settlement.

Contact a SSDI Lawyer Today in Greenville, South Carolina

If you are no longer able to support yourself, you will need to know how to navigate through this difficult time while ensuring that you don’t lose out on any benefits. J. Robert Surface Law is here to help you navigate through this complicated and stressful process so that you can earn all the SSDI benefits and workers’ compensation benefits you are entitled to. Let an experienced SSDI attorney in Greenville, South Carolina guide you through the process and work with you to get you the full compensation and medical benefits you deserve.

Can Greenville, SC Social Security Disability Benefits Run Out?

February 16, 2018

If you are unable to work or are disabled in Greenville, South Carolina, you may be eligible to receive social security disability benefits. Social security disability benefits are benefits which are paid to you if you qualify as having a disability and have paid enough into social security within the past 10 years. In certain circumstances, you may qualify for Social Security Income (SSI) benefits if you have a disability and low income, but do not have enough work credits to qualify for social security disability benefits.

First and foremost, in order to qualify for social security disability, you must fall under South Carolina’s definition of disability.

What Does Greenville, South Carolina Define as Disabled?

The Social Security Administration (SSA) states that a person who is disabled must be affected by the following factors:

The individual must be unable to perform their work as they did before the disability
The individual’s ability to work must be because of their disability
The individual’s disability must last for at least one year

If you do not have a disability that the SSA lists as a legal disability, but can prove that you fall under the above three requirements, then you may still be eligible for social security disability.

In addition to meeting the SSA’s definition of disability in Greenville, South Carolina, you must also have worked long enough while paying into social security to qualify for benefits. Your eligibility is partially based on work credits, which you must earn while you have been working within the past 10 years. How many work credits you need to be eligible for social security disability will depend on your age as well as when you became disabled.

Typically, most people require 40 credits to be eligible, while 20 of these credits must be earned within the last 10 years. It is important to note, though, that if you are a younger worker, you may be eligible for social security disability if you have fewer credits.

What Should I Do if I Don’t Have Enough Work Credits for SSDI Benefits in Greenville, South Carolina?

If you do not have enough work credits and are of limited income in Greenville, South Carolina, you may still be eligible for social security disability benefits. Whether you are considered of limited income depends entirely on your assets, income and any property you may own.

If you have not worked under social security and do not have the income to support you, you may be able to qualify for SSI benefits. This is why you should contact a lawyer if you are disabled and need help determining if you qualify for benefits.

Will My Social Security Disability Benefits Run Out?

Social Security Disability Benefits Lawyer in Greenville, South Carolina

There are ways that your social security disability benefits could run out or be terminated. J. Robert Surface can help.

The Disability Insurance Trust Fund contributes to social security disability insurance and Supplemental Security Income. These funds were expected to run out of coverage in 2016, which would have resulted in a cut for those who were receiving benefits at the time. Congress has since then enacted the Bipartisan Budget Act of 2015, which gave money to the Social Security Trust Fund to ensure that disability benefits remain intact until 2022.

Congress has launched an investigation to deliver a new program to save costs which will make disability benefits sustainable after 2022. Although it is unsure what will happen by 2022, in the case that a cost-saving plan has not been developed by that time, your benefits will not be cut off completely — although they may be reduced.

With that said, there are instances where your disability benefits may be terminated or cut completely. If the SSA determines that you no longer suffer from a disabling condition, they could cut your SSDI benefits. In these cases, you will still receive benefits for another two months before they are stopped all together. If this has happened to you, then an SSDI attorney in Greenville, South Carolina can help. They can explain your legal options and the best ways for your to fight your SSDI termination.

Contact a SSDI Lawyer in Greenville, South Carolina to Discuss Your Legal Options

Navigating through a disability is hard. Not only have you lost your form of income, but you have to deal with the complications and stress of figuring out whether or not you are eligible for social security disability benefits and if they will run out. If you have a disability in Greenville, South Carolina, and are unsure about your social security disability eligibility, contact J. Robert Surface Law today for help through the process. Your SSDI lawyer will educate you on the intricacies of SSDI law as well as on the Bipartisan Budget Act of 2015 and how it may affect your social security disability benefits in 2022.

Social Security Disability Benefits for Mental Illnesses in Greenville

December 18, 2017

In Greenville, South Carolina, social security disability benefits are available to individuals who have no or limited ability to work due to physical or mental disabilities through two programs of the U.S. Social Security Administration (SSA). These programs are Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).

Out of the approximately 9 million U.S. SSDI beneficiaries and 8 million SSI beneficiaries, 35.2% based their application on mental health conditions. However, the process of applying and having one’s application for social security disability benefits in Greenville is anything but simple or short. To make it easier, many applicants choose to hire a Greenville social security disability attorney. Here is why:

The Challenges of Applying for Social Security Disability Benefits in Greenville, SC

Many applicants are under the wrong impression that all they have to do in order to receive social security disability benefits is to file a claim documenting their disability, attend a medical evaluation, and receive the answer to their claim. They expect to solve everything in a couple of months, but the waiting period is much longer and, unfortunately, often ends with a negative answer.

Social Security Disability Benefits in Greenville, South Carolina

Not sure if your mental illness qualifies for social security disability benefits? Reach out to the Robert Surface Law Firm today.

Nationwide, the period for reviewing social security disability claims revolves around half a year or more. In South Carolina, it comes close to 1 year. According to the Disability Benefits Center, the Office of Disability Adjudication and Review takes 349 days on average only to schedule a hearing. As if this were not enough, the claim filing and review process is quite complex and challenging. Here is a brief overview of the main steps:

Filing the Claim for social security disability benefits in Greenville – This step involves filling out form SSA-3368 no matter of how many conditions the applicant suffers, or whether they are physical or mental. Needless to say, the claim should include supporting documents. To make sure they fill in the form correctly and they include all the necessary documents, many applicants prefer to hire a Greenville social security disability attorney.
Claim verification – A disability examiner will be in charge of this step and the next. In order to complete it, the examiner will send letters requesting medical evidence of record to all treatment providers in the claim, and any other providers that may appear in the applicant’s medical records.
Claim evaluation – The disability examiner will evaluate all treatment records in order to determine whether the applicant has any functional limitations that make one unable to work and eligible for social security benefits. If the examiners discover any loose ends or incomplete information, they can send letters to the applicants asking them for clarifications, missing documents, or further evidence.
The disability hearing – It takes place in front of the Administrative Law Judge and its purpose is to confirm the information in the disability claim, clarify any aspects the examiner may consider confusing, and determine the following:

One’s ability to understand, remember, and perform simple tasks according to instructions
One’s ability to make simple work-related decisions and recognize workplace dangers and hazards
One’s capacity to respond adequately in various work situations and to interact with work supervisors and colleagues
One’s adaptability and reactions to workplace changes

The answer to the disability claim – It usually arrives within 2-3 months from the disability hearing. Unfortunately, as if the overall waiting time ranging between 1 and 2 years were not enough, most of the claims for social security disability benefits in Greenville, South Carolina receive negative answers.

Although applicants have the right to appeal denied claims, the waiting time for appeal hearings is even longer than the one for preliminary hearings. This would mean applicants may have to wait up to four years in order to start receiving their Greenville social security disability benefits. Their best chance of improving their odds and avoiding an appeal is to hire an attorney.

The Importance of Working with a Greenville Social Security Disability Attorney

Social security disability claims based on mental illnesses are more difficult to prove. The attorney will take over the claim process, from filling in the above-mentioned form to gathering the support documents and filing them.

The attorney will also help the applicant prepare for the hearing in front of the administrative law judge, and provide assistance throughout the hearing. With an attorney on one’s side, proving mental disability is much easier. In fact, statistics show that claims filed with the help of an attorney are more likely to receive a positive verdict than claims applicants file on their own.

Do you want to know if you are eligible for social security disability benefits and receive help with your claim if you are? Hire an experienced Greenville social security disability attorney like J. Robert Surface, and you’ll receive all the answers and help you need. Call (864) 300-4994 of use the contact form and schedule a free consultation now!