Social Security Disability Archives

What is the Difference Between SSDI and SSI Benefits?

April 15, 2019

Social Security Disability (SSDI) and Supplemental Security Income (SSI) are two very different governmental programs with different eligibility criteria.

First, it is important to understand that both of these programs are managed and run by the Social Security Administration. In addition, the eligibility for disability is evaluated in the same fashion for both programs, but there are differences between the two.

The major difference between SSDI and SSI is that SSDI is only available to employees (workers) who have worked and accumulated an adequate number of work credits. On the other hand, SSI disability benefits are generally available to individuals with low income who have not earned enough work credits or have never worked to qualify for SSDI.

What is Supplementary Security Income?

SSI is a financial aid program that is based strictly on an individual’s assets and income. This program is funded from the general taxes collected. SSI has nothing to do with employment or a person’s work history. It is based solely on the financial need of the individual. To qualify for SSI, one must have assets of less than $2,000 (or $3,000 for a couple) and must have very little or no income. The majority of people on food stamps also qualify for SSI.

In addition, individuals who are disabled and have no or little income are also eligible to receive Medicaid. However, the amount of SSI an individual will receive varies, depending on which state they reside in and the amount of any regular income that they have each month. If you satisfy the requirements for SSI benefits, the money will be directly deposited in your bank account, or you will be sent a check beginning on the first of the month when the application was submitted.

What Is Social Security Disability Insurance?

SSDI is strictly funded from the taxes collected while you work. Individuals who are eligible for SSDI have worked for a certain number of years and have made a contribution to the social security fund in the form of FICA social security taxes.

To be eligible for SSDI, the person has to be younger than 65 but older than 18 and must have earned a minimum number of work credits. Once a disabled individual starts to receive SSDI for 24 months, they will be eligible for Medicare.

Under the SSDI program, the spouse and dependent children of the disabled individual are also eligible to receive auxiliary benefits or what is also known as partial dependent benefits.

Once an application has been made for SSDI and is approved, there is a 5-month waiting period for the benefits to be paid. Once the waiting period has elapsed, the amount of monthly benefits one receives depend on the record of earnings. Unlike SSI, one is more likely to be approved for SSDI benefits. The key reason is that applicants for SSDI usually have a work history, have a high income and have earned a certain number of work credits. In addition, these individuals are more likely to have seen a healthcare provider to confirm and manage their health problems. It is almost impossible to get any disability without seeing a healthcare worker.

Contact a Greenville Disability Lawyer

If you are interested in obtaining more information about SSDI benefits, you should contact a Greenville disability lawyer. Keep in mind that sometimes application for these benefits can be delayed or denied. It is best to use the services of a social disability attorney so that the risk of denial is minimized. Contact a Greenville disability lawyer at J. Robert Surface Attorney at Law and they will be able to assist you.

In case you have received a denial of SSDI benefits, again, it is recommended that you speak to a Greenville disability lawyer. Our disability lawyers can help you handle the delivery process and will also ensure that your legal rights with respect to SSDI are fulfilled. Call our office today to set up your first consultation with a Greenville disability lawyer.

There is no point in taking a risk as far as your SSDI benefits are concerned. There are certain laws in place in Greenville, South Carolina and our social security disability lawyers are here to ensure that these rights are maintained and you receive the benefits if you are eligible for them. Call us now, and our disability lawyers will be happy to assist you.

Can My Social Security Lawyer in Greenville, SC Tell Me the Steps to Appeal a SSDI Denial?

March 15, 2019

A disability lawyer in Greenville can help you through the process of securing social security disability insurance (SSDI) benefits when you have received a denial letter. Having a denial of SSDI does not mean your fight for benefits is over. A South Carolina disability attorney will help you through the appeals process. They will advise you of your legal rights as you fight for the SSDI benefits you deserve.

Your social security disability lawyer in Greenville can help you after a denial of benefits. They will guide you through the first step of the appeals process, which is the reconsideration process. Here, you will have your request for disability benefits reviewed again by a third party of the Social Security Administration.

The third party will determine, based on the evidence provided, if your case is eligible for SSDI. The will review your case independently from the decision that was previously made that denied your right to SSDI benefits.

When do I Need to Get a Lawyer Involved?

If your case is denied during the reconsideration process, you will then need your disability lawyer in Greenville, SC to appeal your case. During this process, you will need to have a hearing before an administrative law judge. Your South Carolina social security disability attorney will represent you during your hearing.

An administrative law judge will review your case and all the evidence that is presented by your social security disability lawyer in Greenville. They will make a determination if you should receive SSDI based on the information provided by your attorney.

If your case continues to receive a denial of SSDI benefits, you will need to have a review by the appeals council. During the review, the appeals council will look at your case and determine if the administrative law judge made an accurate decision. They will review all the information in your case or send it back to the administrative law judge for another review.

The last level of appeal is to go to federal court with your case. You would have your case heard before a judge, where your Greenville disability attorney will present all the evidence in your case. Your social security disability lawyer in Greenville, SC will develop a strong case that shows the extent of your disability and eligibility for SSDI.

Working with a social security disability lawyer in Greenville can provide you with the assurance you need to move forward with your appeal. They can help you fight for your right to SSDI benefits. They will take your case through every step of the appeals process if necessary until you do secure benefits for your disability.

Can a Social Security Disability Lawyer in Greenville, SC Fight My Denial of SSDI Benefits?

A social security disability lawyer in Greenville will take your SSDI case after you have received a denial of benefits. They know the appeals process and will represent you in each stage of the appeals process. They can help guide you through the legal process of securing SSDI and advise you of your legal rights.

You do deserve SSDI when you have a disability that is limiting your ability to work. The South Carolina disability attorneys can win your case after a denial of benefits. They know the laws for SSDI and can fight an appeal of your SSDI compensation. Let your social security disability lawyer in Greenville, SC fight for you and your right to SSDI benefits.

Contact a Disability Lawyer in Greenville, SC Now

If you have received a denial of SSDI benefits, you need a disability lawyer in Greenville, SC to take your case. The Greenville social security disability attorneys at J. Robert Surface Attorney at Law can help. They will represent you during the appeals process and fight for your legal right to SSDI. They can advise you of your legal rights and will get you the benefits you deserve for your disability. Let the South Carolina disability attorneys at J. Robert Surface Attorney at Law take your case. Contact us today to set up a consultation. We are ready to assist you now.

6 Things To Know About SSDI From Your Disability Lawyer In Greenville, SC

February 15, 2019

Social security disability insurance (SSDI) is a complex program that is difficult for most people to understand. The Social Security Administration has a variety of rules and process that are required to secure benefits. This can be confusing and challenging to understand for anyone. An SSDI attorney in Greenville, SC, can help you with the filing process for SSDI. To make it a little easier to comprehend the laws of SSDI, your Greenville disability lawyers have compiled the most important things you need to know about SSDI here.

Who Can Receive SSDI in Greenville, SC?

SSDI pays benefits to people that are unable to work because they have a disability or medical condition. These conditions need to last for at least a year or will result in death. Social Security Administration has strict definitions of disabilities. Your Greenville disability lawyers will help you understand if you qualify for benefits under the law.

The Social Security Administration also has strict policies in place to obtain benefits under the program. Having a disability lawyer in Greenville, South Carolina, on your side can help. They will help you through the filing process. They will fight to get you benefits, and they will fight an appeal if necessary.

How Do I Apply for SSDI In Greenville, SC?

There are two ways that you can apply for SSDI in South Carolina. You can apply online, or you can apply by calling your local Social Security office directly. When you apply for SSDI by phone, you will need to make an appointment for an interview. The interview will last about one hour, and there is special assistance provided for those that are deaf or hard of hearing.

When Should I Apply for SSDI in Greenville, SC?

Applying for SSDI in Greenville, SC, should happen as soon as you have a disability. The filing process does take some time to complete, and you want to make sure that you receive your SSDI as soon as possible. The Social Security Administration typically takes three to five months to process your SSDI application.

Having Greenville disability lawyers to help you with the filing process can ensure that you receive your SSDI benefits as soon as possible. They will make sure that you have all the required documents for filing and will process your application with the Social Security Administration immediately.

Do I Need to be Working to Apply for SSDI in Greenville, SC?

SSDI requires that you have worked in some capacity for a specific duration of time. During the time that you worked, you paid into the SSDI fund, and this provides you with entitlement to benefits when you develop a disability that prevents you from working.

The Social Security Administration has strict rules about their work policies. Your Greenville disability lawyers can help to determine if you qualify for SSDI based on how long you have held employment.

How Will I Know If My SSDI Benefits are Approved in Greenville, SC?

The Social Security Administration will contact you by mail once your application for SSDI has been approved. The letter from the administration will include your benefit amount as well as the effective date for when you will receive benefits. Your Greenville disability lawyers can calculate your SSDI benefits before filing.

Can a Social Security Disability Attorney in Greenville, SC Help Me?

Having a social security disability attorney in Greenville, SC, can help you receive benefits for your disability. They will walk you through the process of filing and support you if you should receive a denial of benefits.

A disability lawyer in Greenville, South Carolina, will fight for your legal right to SSDI. They will help you receive the maximum benefits for your disability. You can count on a social security disability attorney in Greenville to secure your SSDI benefits. Let your Greenville disability attorney answer all your questions related to SSDI during a consultation and provide you with the information you need to apply for your benefits.

Contact Your Greenville Disability Lawyers Now

If you need help securing SSDI, you need Greenville disability lawyers that you can trust. The Greenville disability lawyers at J. Robert Surface Attorney at Law can help. They will take your case. They will fight for your legal right to benefits. Let the Greenville, SC, social security disability attorneys at J. Robert Surface Attorney at Law take your case. Contact us today to set up a consultation. We are ready to assist you now.

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.