Get help, advice and information on all your Legal issues. http://advice-and.info/Legal/disability.htm Mon, 04 Aug 2008 15:37:09 GMT en Problems with the government safety net continue to worsen, as Disability Denial by SSA has escalated, even up until now. This has been an issue for years, and absolutely is a nationwide problem. As the conditions continuously worsened, I can fairly say that this is somewhat a settled fact, and is something not new, really. It is a hard fact for all Americans that SSA local offices routinely deny disability claims. This had brought discouragement to claimants from pushing through with their disability claims and their pursuit for reconsideration and appeal of their claims. However, hard as it may, I urged the claimants not to be discouraged and feel low, but instead, they should be persistent and exhibit unrelenting vigor in pursuing their disability benefit claims until they get what they deserved. This is not only ideal but also good advances for them. With these concerns, I prepared concise information and helpful tips about the Social Security Appeals Process, int ended as a guide for all those suffering from Disability Denial by SSA. Though it cannot be overemphasized, but this is something worth stressing, that it is wise to hire a representative when applying for Social Security disability benefits either at initial application or in pursuing an appeal. This is so, given the complexities involved in the claim process. A Social Security Lawyer to be precise can be a good sense in this dealing. They must be wage at the soonest time possible. Early utilization of a Lawyer representation will help you to begin the process on the right foot, and when your claim was on appeal, can help to avoid lengthy delays of your claim. Going back to the discussion, here are some of the pertinent information respecting the Social Security Appeals Process. The Social Security Administration disability benefits, composition The SSA administers two types of disability programs, that is, Social Security Disabilit http://advice-and.info/Legal/92423_Learning_The_Ss_Appeals_Process_Following_Disability_Denial_By_Ssa.html Sat, 02 Aug 2008 10:08:43 GMT West Los Angeles is a district in Los Angeles with an affluent neighborhood. Its central location has made it a locus of commercial development, with several high-rise office buildings. It may seem that people in an affluent neighborhood like West Los Angeles are without need of disability benefits. The contrary appear, however. In fact, some of its residents just like any other are in bad need of disability benefits. Claimants may encounter some problems that usually arise in pursuing those benefits. In which case, West Los Angeles Disability Benefits Lawyers are always within reach at this part of California. Disability Benefits Disability is inevitable. Studies show that a 20-year-old worker has a 3:10 ratio of becoming disabled before reaching retirement age. It is always an advantage to be knowledgeable with the programs of the government that deal with disability. Disability benefits are paid through two programs: the Social Security disability insurance program and the Supplemental Security Income (SSI) program. Who are entitled? Social Security pays benefits to those who cannot work because they have a medical condition that is expected to last at least one year or result in death. Federal law observes this very strict definition of disability. While some programs give money to people with partial disability or short-term disability, Social Security does not. Earning Requirement In general, to acquire disability benefits, you must meet two different earnings tests: 1. A recent work test, which is based on your age at the time you became disabled; and 2. A duration of work test to show that you worked long enough under Social Security. How to Apply There are two ways on how to apply for disability benefits. You can either: 1. Apply online at www.socialsecurity.gov; or 2. Call this toll-free number, 1-800-772-1213, to set an appointment. When to Apply As soon as you become disabled, you should apply for disability benefits. This is because it c http://advice-and.info/Legal/92006_Procedure_In_Claiming_Disability_Benefits_In_West_Los_Angeles.html Mon, 28 Jul 2008 21:08:13 GMT According to the latest survey conducted by the U.S Census Bureau, there are approximately 49.7 million Americans having disability, which includes people of all ages. That is why the enactment of the Americans with Disabilities Act (ADA) is of great help for the people. The Americans with Disabilities Act does not cover all kinds of impairment or employment disability. They formulate their own definition of disability and if your disability is not within the definition then you are not covered by the Act. How does Americans Disabilities Act define disability? The common issue encountered by individuals with this Act is whether their disabilities fitted the definition under the Americans Disabilities Act or not. The Americans with Disabilities Act defines disability as an impairment that substantially limits a major life activity for a period of not less than a year or expected to result in death. A number of court cases have been dismissed because they are not suffering from disability as def ined by the Americans with Disabilities Act. Who is protected by ADA? The Americans with Disabilities Act protects individual with disability who is qualified to for employment. Although ADA does not provide a list of disabilities to be covered by the act it has outlined its own legal standard in how a person be considered as suffering from certain disability. ADA protects only those persons with serious long-term condition. It does not protect those having minor and short-term conditions. In order to fully ensure that the right of the disabled be protected especially with regard to employment, the US government created the Office of Disability Employment Policy or (ODEP). What is ODEP? The Office of Disability Employment Policy or ODEP is an agency, under the US Department of Labor, which provides national leadership to increase employment opportunities for adults and youth with disabilities while striving to eliminate barriers to employment. The Americans with Disabilities Act prohi http://advice-and.info/Legal/91269_The_Law_Covering_Employment_Disability.html Thu, 24 Jul 2008 04:27:17 GMT If you are suffering from some kind of disability, then you are probably facing many problems in your life including the most common one - financial burden. Financial constraints are considered the biggest blow for disabled people. One way to alleviate ones financial problem is through Social Security. Social Security has been the refuge of many Americans. The beneficiaries received their benefits as the child, spouse or widowwidower of a worker, or as a disabled worker. Although Social Security is most famous for retirement benefits, its effects reach beyond retirees. The program also provides disability and life insurance protection for workers and their families. In filing an application before the Social Security Administration (SSA), it is advisable to hire a lawyer or engage the services of a Social Security disability law firm. Advantages of Hiring a Firm Filing an application before the SSA entails a long and often frustrating process. SSA is not an advocate for applicants. In fact, applications are strictly assessed and evaluated. Other applications are disapproved even at initial claim. Hence, it is wise to engage professional help in dealing with the SSA. While an applicant may engage the services of a lawyer, it is more advantageous if the service of a disability law firm is employed. Some of the advantages are discussed below. 1.Hiring a law firm will increase the chance of your claim being approved. Claims may be filed with or without a representative. Of course, having a representative is better than not having at all. However, hiring a lawyer as a representative is even better. On top of this, hiring a disability law firm is far more advantageous. In case of disability claims, certain information and records must be submitted. These requirements are vital that without them your application may be denied outright. 2.Hiring a law firm will guarantee that your case is given more t http://advice-and.info/Legal/91088_To_Hire_Or_Not_To_Hire_A_Disability_Law_Firm.html Wed, 23 Jul 2008 04:47:56 GMT As an SSI disability attorney, I have made this condensed guide to aid social security eligible beneficiaries obtain positive results in their respective claims under the program. Thus, the SSI disability guide. The SSI Disability Basics Supplemental Security Income or (SSI) is based on financial need. It can be applied for at the same time you apply for Social Security Disability Insurance (SSDI) benefits. The program is managed by the Social Security Administration (SSA). The SSI benefits are paid from the United States Treasury general funds (meaning, funded by general tax revenues) and not from social security taxes. SSI is primarily designed to help people who are blind, disabled, or aged 65 and older, who has limited income and resources, to receive cash to meet basic needs for food, clothing, and shelter. Qualification requirements To qualify for this social security benefit, there are several requirements needed to be exhibited. Most of the requirements are the same with SSDI. The main difference is that one can only have a certain amount of income and assets in order to qualify for SSI. 1.The first requirement is that one must have paid into the Social Security Administration for an ample period and in large enough amounts. 2.Second, one must not be gainfully employed. One must have low income and resources of less than 2,000.00 in cash or cash equivalent resources. To determine financial eligibility, the SSA may consider other household income and resources (such as from your spouse), not just your own. 3.Third, one must be under a disability that is expected to last or has lasted for 12 months. Note however, that children aged 18 and below are required to prove a higher level of disability than adults do. 4.Fourth, one must have a disability that is severe enough to keep one from doing their past Job, or any other jobs in the local or national economy. All About Application of Benefits The Social Security Administration has no stringent rules in refe http://advice-and.info/Legal/90380_A_Guide_To_Ssi_Disability.html Wed, 09 Jul 2008 04:42:58 GMT With the continuous growth of claimants for disability benefits, the Rowland Heights Social Security lawyers have taken the initiative in coming up with an abstract in reference to the social security disability program. Social Security Disability is a federal government program that primarily caters the provision of disability benefits to qualified claimants in the whole United States. The disability benefits that the federal government extends to qualified claimants are coursed through this program. Under the program, a disabled person may be eligible for Social Security Disability benefits. Worthy to note however, that to reap the social security disability benefit, a person must satisfy the specific requirements laid. In other words, the claimant must have suffered a disability, whether physically or mentally. The Social Security disability program has defined the term disability in a technical sense. The program defines disability as the inability of claimants to engage in any substanti al gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of 12 months or more or result in death. Satisfying the above definition would be the foremost considerations of claimants when applying for social security disability benefits. Before taking any action concerning your claim, it is highly advised that you seek the sound legal advice of a social security lawyer who specializes in the area of disability claims. This is to say, that your rightful claims would be put in the right track when you are well advised and represented. Even at this very early stage of initial claims, representation may be permissive. Going back, after assessing your qualification, filing an application for social security disability benefits can be the best way to start with. For that, an initial claim may be filed with the local Social Security Office. There different avenues for commencing the SSD or SSI disability application. http://advice-and.info/Legal/89126_An_Abstract_Of_The_Social_Security_Disability_Program.html Fri, 27 Jun 2008 20:13:55 GMT Since the disability program of the Social Security Administration (SSA) was initiated, the disabled workers have found an alternative way to make money. Without work, it is impossible for the disabled to survive and cope with the cost of daily living including expenses for regular hospitalization needs and medicines. Through the efforts of the Social Security Administration (SSA), you now have a means of getting financial support for whatever costs you might incur from your disability. Getting seriously ill can be one of the most depressing situations that you can get into. By applying for social security disability, you can find much needed help to sustain your daily needs. According to the SSA, disabled individuals who have satisfied the minimum work and monetary requirements and fully settled the Social Security taxes can qualify to receive disability insurance benefits without taking your age into consideration. But to become eligible for benefits, you must first satisfy the conditions fixed by the Social Security Administration. The SSA defines disability as the condition that hinders an individual from performing substantial gainful activity (SGA). Your condition must last for a minimum of one year or may lead to the demise of the person. When applying for disability, it is recommended that the handicapped individual should have the following documents with them in order to speed up the process of applying for disability benefits: Names, addresses and contact details of doctor, clinics, hospitals which diagnosed the illness. Short information about your past work experiences during the last 15 years as well as the description of your job. Given the information above, this is where the importance of Los Angeles disability insurance lawyers will come in. Applying for benefits can be difficult especially with your condition, but SSD attorneys can make things easier for you and in fact boost your chances of getting the right compensation. When there is a pending petition, you woul http://advice-and.info/Legal/88116_Los_Angeles_Disability_Insurance_Lawyers_Easing_Up_On_People_With_Disability.html Thu, 12 Jun 2008 13:54:29 GMT Disability Law is one which prohibits discrimination against individuals with disabilities in various sectors such as employment, housing, education and access to public services. It is largely regulated by the Americans with Disabilities Act (ADA). They are aimed at protecting and safeguarding the rights of persons with disability. That is why the government has passed several laws to strengthen its advocacy on disability. Some of these federal laws include: Americans Disabilities Act Telecommunications Act Air Carrier Access Act Voting Accessibility for Elderly and Handicapped Act National Voters Registration Act Civil Rights of Institutionalized People Act Rehabilitation Act Architectural Barriers Act Individuals With Disabilities Education Act On the other hand, State Laws & Regulations include: Unruh Civil Rights Act California Civil Code Sections 54 through 55.2 Title 24 California Building & Standards Code (Physical Access Regulations) California Govern ment Code Section 11135-11138 Fair Employment and Housing Act How Does the Law Define Disability? Under the Americans with Disabilities Act (ADA), a person is deemed disabled if he is any of the following: 1.who is physically or mentally impaired that substantially limits one or more of hisher major life activities 2.who has a record of such impairment 3.who is being regarded as having such an impairment Employment Disability In Los Angeles alone, about 874,315 people have employment disability. Employment disability exists when a qualified employee or applicant, with or without reasonable accommodation, cannot carry out the essential functions of a particular job. Reasonable accommodation includes, but is not limited to, the following: Accessibility to and usage by persons with disabilities of the existing facilities utilized by employees; Job reorganization, varying work schedules, relocation to a vacant position; Modification or adjustment of equipment or device http://advice-and.info/Legal/88100_An_Overview_On_Various_Los_Angeles_Disability_Laws.html Thu, 12 Jun 2008 15:35:53 GMT When dealing with a disability, people often think only of permanent and total disability or long-term disability. Usually, employees time off have three levels, namely: sick leave for the person needing a few days off short term disability (STD) for brief periods of disability for one or more weeks long-term disability (LTD) for extended periods of disability The County of Los Angeles provides STD Plan that offers income replacement to ill, injured or pregnant County employees. In case a dispute ensues under the plan, Short Term disability lawyers must be consulted. According to the latest US Census, about 12 of the working age population of Los Angeles had some type of disability. Approximately 42 of those reporting disabilities are employed compared to 74 of those without a disability. Short Term Disability Defined Disability, under STD, means that the condition prevents an individual to perform regular and customary job duties, or modified job duties, as a County employe e. This definition considers the following factors: 1. The severity of medical condition 2. The kind of work performed 3. The duration of disability 4. The type of work capable of performing Short Term Disability Benefits Employers pay a portion of their employees salary between the time sick leave is exhausted and long-term disability starts. The typical benefit is between 50 and 75 of salary. Some larger employers will pay 100 of the salary based on length of service before reducing the benefit to a lesser percentage. The payment is usually a percentage of gross weekly salary without bonuses, commissions or overtime that will be specified in the plan document. How to Receive STD Benefits To reap the benefits under the STD Plan, one must be enrolled to it. During enrollment, the prospective employees must choose between the two benefits, namely: Core benefit which is a 14-day waiting period followed by 70 income replacement; or Additional benefit which is a 7- http://advice-and.info/Legal/87732_La_County_Short_Term_Disability_Plan.html Sun, 08 Jun 2008 05:18:42 GMT The minimal information concerning the approval of disability benefit applications has caused confusion and erroneous belief about the entire process of eligibility. This is the reason why people have second thoughts in filing a claim even if they have the qualifications. Let us take a look at some misconceptions concerning the process of disability benefit application. 1. The Social Security Administration (SSA) automatically rejects first-time applicants. In reality, there are no guidelines or measures in place that can control the process of granting SSA benefits in a manner that would ensure outright denial of first-time applications. While it is true that 60 to 70 percent of disability applications get rejected, this is due to the ignorance of claimants to discover ways on how they can improve their chances of getting a successful claim. Likewise, applicants make the mistake of filling up a fresh application form after having their claims rejected rather than making an appeal. 2. The SSA r ejects most disability claims most of the time in order to save the money of the government. This misconception is absolutely false. Disability administrators have certain procedures which have something to do with controlling the quality of approved and disapproved claims to ensure that the decisions will not be altered right away until the resolved claims have been evaluated for final approval. Most of the time, the disability examiners will not give in to requests to pass the claim since they are allaying fears that cases which come back for revisions may have an impact on the way they perform their jobs. Thus, quality control has a role in the volume of rejected cases. It is not advisable to believe that the government exerts an effort to save cash by denying appropriate cases. 3. Applicants should first meet the age requirement in order to avail of disability claims. There is no general policy that sets forth an age restriction for which an applicant may be qualified to avail and get approv http://advice-and.info/Legal/87663_Social_Security_Benefits_Lawyers_Dispelling_The_Myth_About_The_Disability_System.html Fri, 06 Jun 2008 14:32:43 GMT If you are being discriminated because of your disability, the best thing for you to do is look for disability discrimination lawyers to handle your case. Before anything else, you should be reminded that there is an effective way of choosing the best disability lawyers. Since the perfect way can consume time and your situation demands immediate legal assistance, there are likewise alternatives that you can consider. In any case, there are options available for both the people who demands lawyers right away as well as those who have the time to scout around and look for the best attorneys. Here then are the steps in looking for lawyers who will defend your case. To boost your chances of getting the services of the right lawyers, you may need to study possible candidates from different sources. In the ideal setting, you should receive recommendations from a legal representative or from another reliable source. Another way to look for legal help is by accessing various directories of lawyers as well as groups who will serve as the second member of your legal team. For the third member of your legal representation, you may have to do an online search. It is advisable to consult at least three lawyers and set initial meetings with each of them. By choosing three distinct attorneys, it can guarantee that eventually you will be able to locate the representation that is tailor-made for your needs as far as finances, personality, and style is concerned. By doing so, you will be able to find someone who exudes the credibility and competence as well as the experience in disability laws. Moreover, in trimming down the three lawyers into the perfect one to seek advice from, you might take into consideration their record of practice and their expertise within the field of disability. Likewise, you should take a look at other details that describes their attitude and skills. In conducting your initial meeting, you should see to it that you can point out your case to them in a brief manner as well http://advice-and.info/Legal/87662_Learning_How_To_Find_Disability_Discrimination_Lawyers_Is_Important.html Fri, 06 Jun 2008 14:32:44 GMT Social Security is a social welfare program concerned in protecting the retired, old, needy, or disabled people; in addition, protects against socially recognized conditions, including poverty, old age, disability, unemployment and others. The Social Security Administration (SSA) pays disability benefits through two programs: 1 The Social Security Disability Insurance (SSDI) program and 2 the Supplemental Security Income program (SSI). These two are the largest of several Federal programs that provide assistance to people with disabilities. http://advice-and.info/Legal/86364_Who_Can_Get_Disability_Welfare_Benefits.html Sat, 10 May 2008 05:03:07 GMT Representation to Social Security Disability claims in Irvine, California is no difficult matter. It is fairly easy to get a lawyer in this city who can help disabled residents in pursuing their claims. What they need to know is that various law firms offer programs for legal assistance regarding Social Security benefits claims. Among these law firms, there are Irvine lawyers who specialize with this type of claims. http://advice-and.info/Legal/86361_Tips_For_Irvine_Disability_Claimants.html Sat, 10 May 2008 12:53:29 GMT When applying for either social security disability or supplemental security income, your claim application will go through three stages. Of course, the first thing that you have to do is file your disability application with the Social Security Administration. You have the option to either forward your application through mail. The most convenient method is via phone or online application. Stage One: The Investigation ProcessOnce your application is received by the Social Security Administration, the agency will conduct a thorough interview as an assessment of your disability. They will likewise evaluate the level of your education and previous occupation. They will do a face-to-face interview. However, if it will be an inconvenience for the applicant to travel, then a phone interview will be done instead. Upon completion of the application process, the SSA will hire a doctor to conduct a medical examination to evaluate the extent of physical or psychological handicap. This will determine the fate of your application. In a normal scenario, a decision is reached two months after the application date. It is interesting to note that six out of ten applications are denied during the medical examination.Stage Two: The Appeal ProcessWhen the disability application has been denied by the SSA, you can file an appeal by signing the Request for Reconside http://advice-and.info/Legal/86254_Ssd_Attorneys_And_The_Stages_Of_Disability_Application.html Thu, 08 May 2008 11:58:42 GMT The Americans with Disabilities Act of 1990 prohibits private companies, state and local governments, employment agencies, and labor unions from disqualifying people with disabilities (PWDs) from seeking employment, promotion, salary increase, as well as other benefits of employment. This law applies to businesses with more than fifteen employees. A person is considered disable if he satisfies any of the following conditions: a physical or mental defect that considerably limits his ability to perform some major functions http://advice-and.info/Legal/85895_Disability_Discrimination_Lawyers_And_The_Law.html Fri, 02 May 2008 05:54:02 GMT Social security disability (SSD) benefits are designed for those who are unfit to work or at least temporarily unemployed. The criteria for granting benefits are often based on ones disability or condition. To entitle one to receive these benefits, the Social Security Administration has created guidelines to determine who are capable of receiving benefits. http://advice-and.info/Legal/85894_Guidelines_On_Determining_Qualifications_For_California_Social_Security_Disability_Benefits.html Sat, 03 May 2008 12:18:35 GMT