What Does Social Security Mean: I Do Not Qualify?

Social Security is complicated.

There are many rules and laws that can trip you up.

One is the Date of Last Insurance requirement.

You must work and pay into Social Security to be eligible for Social Security Disability.

If you were not in the work force, or worked in a job where they did not take out Social Security taxes then you cannot get Social Security Disability.

Some examples, are stay at home spouses, some State University employees, or you have a sporadic work record.

The basic rule is that you must have worked enough quarters in 5 of the last 10 years.

Your date of last insurance tells you the date before which you must prove disability.

For example, if your date of last insurance is December 31, 2011 and you are found disabled as of August 31, 2011 then you are entitled to your monthly Social Security Disability benefits.

If you are found disabled as of February 1, 2012, then you are not entitled to any Social Security Disability benefits.

Sounds harsh, but those are the rules.

Just another reason you should file as soon as possible for your Social Security Disability.

For those not eligible for Social Security Disability, you may still qualify for SSI.

Questions about this confusing mess? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

 

SSI and Children’s Cases

Yes, I represent people in Children’s SSI cases.

Not many lawyers do these type of cases.

They are difficult cases to win.

Maybe because Judges do not like the cases, or they are used to seeing adult cases that focus on ability to work.

In a child’s case you must prove marked limitations in 2 areas out of 6, or extreme limitations in 1 area out of 6.

The areas cover physical limitations and mental or emotional limitations.

Just being in special education classes is not enough.

You must show that the child is at the extreme end of the spectrum within the special education grouping.

Examples might be extreme classroom problems, serial suspensions, extreme drug abuse, several hospitalizations for mental problems, or severe asthma.

Questions about children’s SSI cases? Feel free to call Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

 

Vocational Experts

What the vocational expert says during your Social Security Hearing is very important. It can make the difference between winning and losing your case.

For that reason alone I think you should seriously consider hiring a lawyer to represent you in your Social Security Disability case.

I have mentioned before that there is no cost unless you win your Social Security case, and then fees are limited to 25% of back benefits or $6,000 whichever is the lower amount. Compared to your lifetime benefits and Medicare coverage the fee is a very small amount.

The concern is that vocational expert can make it look like you had transferable skills that may not be correct, or testify that your limitations will allow you to perform a line of work that will make you not disabled.

For more information regarding Vocational experts and Social Security Disability please call me, Attorney Dirk May at 309-827-4371.

 

Social Security Help on Way?

There are reports that the proposed Federal Budget for this fiscal year will allow Social Security to hire an additional 5,000 to 6,000 workers by the end of the year.

This would allow a large number of workers to assist with more Social Security Disability cases, if they were assigned to the appropriate sections.

However, it takes time to hire the workers and train them and start them working.

This means that cases backlogs and delays will not automatically go away. The other factor is that more cases may be filed than in the past because of the bad economy and a larger number of people filing disability claims.

The bottom line is that the wait for Social Security Disability hearings will continue to be anywhere from two to three years for the near term.

Questions or comments about delays and what can be done? Call Attorney Dirk May at 309-827-4371.

 

What Happens if You Win Your Social Security Case?

It usually is a long hard road till you have your trial and get your decision from the Social Security Judge.

But the day will eventually come. And after you win several things will happen. 

You will receive a notice, typically within 30 to 60 days. It will tell you when you will receive your first monthly check and the amount. In some cases you may be entitled to SSI payments also. Your local Social Security office will contact you to set up a meeting to review your financial information to determine whether you are entitled to SSI.

If you had any minor children during the onset of your disability the Social Security Administration will want to make sure they receive benefit payments and back benefits.

You may also want to set up direct deposit arrangements for your monthly Social Security Disability payments.

Finally, once you are eligible for Social Security Disability medicaid will be available to most people, and eventually you will be eligible for Medicare.

Give me a call if you have any questions about the Social Security Disability process: Central Illinois Social Security Attorney Dirk May at 309-827-4371

 

Medical Records

I have had a few people hire me as their lawyer right before their hearing. One big mistake they have made is not updating their medical records.

Social Security gets the medical records up until the time you request a hearing. After the hearing request you must get your records for any medical treatment you have. The problem is that it is taking up to two years from Request for Hearing until the hearing date is set. If you do not have your records updated you will most likely lose your case.

Keep track of your doctors and when you go for treatment. Order your records and send them into the hearing office. If you represent yourself you will have to pay for your own records. Some lawyers will also make you pay for your own records.

I pay for my clients records myself and ask for reimbursement at the end of the case if we win. Any questions about medical records and what you need to do please call Attorney Dirk May at 309-827-4371. Serving Bloomington, Peoria, Springfield, Decatur and Champaign, Illinois. 

 

Social Security Delays

The delays from filing for Social Security Disability to hearing are discouraging, disappointing and the prospects for improvement are dismal.

In Central Illinois, which covers Peoria, Bloomington, Pontiac, Springfield and Champaign, Illinois it takes 2.5 years to 3 years to get to hearing. That is devastating when you cannot work due to your disability.

There is no easy answer.

The Social Security Commissioner recently said that the problem is partially due to Administrative Law Judges who do not do their job and decide enough cases, and partially due to not having enough judges and support staff.

First of all, in my experience the judges in the Peoria region all work hard and hear many cases. The reality is that there are many more people applying for Social Security than there is staff that can keep up with the cases.   

The upcoming election is not going to change funding or staffing to the extent it will make any difference in the delays. Sorry, to be negative.

But that does not mean we should not be contacting federal officials- Congress persons and United States Senators, and reminding them of the about the terrible delays and encouraging them to do all that is possible to bring down the case backlogs. 

 

What a mess

If you have any contact with the Social Security disability system I am sure you wonder who thought up this crazy system.

You wait for 2 to 3 years to have someone tell you that you are disabled or not. Isn’t there a better way?

I am sure that if we all sat down at our computers and blogged out ideas we could come up with a better system in an afternoon.

Problem is that it would probably cost more money, personnel and effort than any administration is willing to invest.

The dirty little secret is that disabled people have not reached the tipping point to bring in more money and personnel to speed up the process.

The Bush administration has a pilot project going to speed up the process. However, it does not appear that it will make much difference.

There may be some hope with a change in Congress and with a presidential election upcoming but there has been democratic  control before and not much has happened.

There is way too much budgetary pressure from the war, and spending overruns in other areas to expect loads of money dumped into SSA for more administrative law judges and review people.

That does not mean we should give up hope or stop trying to change the system. By all means, we should contact our elected representatives and ask them to look into the disability case backlogs and what ways we can speed up the system(see congressional link). What about a computer system that screens the vital information such as education, age, work history and medical conditions and spits out a triage of cases that meet listing and grid criteria. I am not talking about another computer contractor boondoggle that rips off the taxpayer. But something that uses available information SSA is already compiling and makes faster decisions.

Anyway, in addition to advocacy groups,  I think it is worth it for citizens to contact their government and ask them to work on improving the social security disability adjucation procedures.

 

 

Legislative Help

One of the most frustrating problems with the Social Security disability process is that it takes forever.

In the central Illinois region covering Peoria, Bloomington, Pontiac, Champaign and Springfield it takes over 2 years from the Request to Hearing to have a hearing before an Administrative Law Judge. This means it can be close to 3 years from the time you file your initial application. More on the reasons for this terrible situation in another post.

Most clients want to know if there is something that can be done to speed this up. 

Remember, Social Security is a federal program so you must contact the federal government. This would be your United States Senator or Congressperson.

It is not illegal, unethical or immoral to do this. Your federal representative will not ask Social Security to look more favorably upon your application. The only thing they can do is inquire regarding status and whether you meet the requirement for expediated review. The Senator or Congressperson’s staff will ask you for background information and will ask you to sign an authorization for medical information and other confidential information. Staff will then contact Social Security and inquire whether your case can be moved up in the process.

The big question is does this help speed up your case. The answer is: sometimes. I have seen some files continue to languish despite congressional inquiries and repeated communications with the Peoria office. Of course, many files are moved up in line.

The other important question is when should you seek congressional help.

The answer: when you are ready. Make sure all medical records are current. If your doctor will write a report for you, make sure you have it in the file. If you will become 50 years old soon, you may want to wait because the standards relax at that age. Any major treatment scheduled? You may want to wait until it is completed.

Questions or comments please feel free to call me. Dirk May at 309-827-4371. Or post a response.