Social Security Administration Claims
West Coast Disability Law Group, LLP handles all types of disability claims before the Social Security Administration. Here is a list and description of the types of cases we commonly handle.
Social Security Disability benefits
Often referred to as SSDI or Title II benefits, Social Security Disability benefits are calculated based on what you have paid into the Social Security system. You must have worked a sufficient amount of quarters to be entitled to these benefits. There is a 5 month waiting period from your onset date of disability that must toll before you are entitled to these benefits. After you have been found disabled for a full 24 months on a Title II application, you will also receive Medicare benefits. The maximum amount of retroactive benefits you can receive in regards to a Title II claim, is one year prior to the initial application date.
Supplemental Security Income
Often referred to as Title XVI benefits, the Supplemental Security Income program is designed to operate as a “needs based” program. To qualify, your countable resources can not exceed more than $2000 as an individual and $3000 as a couple. Owning one automobile, one house, and one wedding ring will not disqualify you for this program. The Federal payment amount is $637 for an eligible individual and $ 956 for an eligible couple for the year 2008. You will not be subjected to a waiting period for Supplemental Security Income as is required for Social Security Disability benefits. Supplemental Security eligibility also entitles you to Medi-Cal in the state of California, sometimes referred to as Medicaid in other states. The earliest benefits can begin in a Title XVI case is from the date of application.
Adult Disabled Child benefits
To be entitled to Adult Disabled Child benefits, you must be 18 years or older. Your onset of disability must have been prior to your 22nd birthday. You cannot have done any “significant” work following your 22nd birthday. You cannot be married to receive this benefit unless you are married to another individual entitled to this benefit. Your application will be based on the work record of either one of your parents who is deceased, retired or disabled and that parent must have met the Administration’s earnings requirements. You may never receive more than 80% of your parent’s prior estimated income amounts.
Disabled Widow’s and Widower’s benefits
To be eligible for Disabled Widow’s or Widower’s benefits, you must be 50 years of age. An individual is eligible for Disabled Widow’s or Widower’s benefits even if you are not disabled once you reach the age of 60. If you were still married when your spouse’s death occurred, you would have had to be married for at least 9 months. If you were divorced at the time of death, you will have to prove that you were married for at least 10 years. The onset of your disability must have started no later than 7 years after the insured died or 7 years after you were last entitled to mother’s or father’s benefits or to Disabled Widow or Widower’s benefits based upon a disability. Similar to SSDI, Disabled Widow’s or Widower’s benefits are also subject to a 5 month waiting period.
Cessation/ Continuing Disability Review benefits
Once you have been granted benefits, the Social Security Administration can decide that your disability has ceased. To overcome cessation of your benefits, you have to prove that you are still suffering from a disability and have the medical support to back this contention.
Overpayment
Sometimes the Social Security Administration will accidentally give you more benefits than you deserve. In this instance an overpayment results. The Administration will ask you to pay back what you owe them. Overpayments most often occur when a claimant returns to work without notifying the Administration or the claimant has a change of economic circumstances that affect his/her Title XVI benefits. To be successful in claim, we must prove that you were not at fault in creating the overpayment situation and that it would be inequitable to force you to pay back the amount. The desired goal is to have the Administration waive reimbursement or set up a payment plan that you can manage.
Other Areas of Disability Law
West Coast Disability Law Group, LLP may be able to help you with other disability claims that you have pending at other institutions. Some areas include Veterans Affairs benefits and long term disability benefits.
Estate Planning Tools
West Coast Disability Law Group, LLP recognizes that physical and mental health problems give rise to a whole other set of problems. People often worry about the future of their families should their illnesses progress. That is why we offer assistance with estate planning. West Coast Disability Law Group, LLP can aid you with drafting healthcare directives, power of attorney documentation, and other basic documents to ensure your future wishes regarding your healthcare decisions are carried out. We charge a flat fee for all estate planning services so there are no hidden costs.
To schedule a free consultation with an experienced attorney, please call our toll-free number at (800) 459-3017. There is never a fee for a consultation and there are no attorneys’ fees for representation in a Social Security matter unless we are successful in your quest for benefits.