Proper Steps to take to Avoid Social Security Claim Errors

Hi. I’m Lew Insler from Insler & Hermann. We’re going to talk about the most common mistakes we see with Social Security Disability claimants and when you should retain an attorney. The hardest part about a Social Security Disability claim is the initial application and the daily activity questionnaire. They come at the beginning, so get the attorney involved from the start to help you deal with the hardest part of your case, the most stressful, and the time when you have the most questions. Also, we win the initial claims at a far greater rate than the national average. The percentage of cases that are won at the later stage, particularly at the hearings, has also decreased. So you’re maximizing your chances of success by having us represent you right from the start and helping you with your initial claim.

By: Lew Insler

Qualifications for Occupational Disability Annuity

Hi, I’m Gabe Herman, and today we are going to speak about the difference between occupational disability and total disability under the Railroad Retirement Act. In order to be eligible for an occupational disability annuity, you need to be unable to work in your regular railroad job. While you might be able to do other work, the railroad is concerned specifically about the job you did for them.

In addition, you have to have a current railroad connection with either 240 months of creditable railroad service, which comes to 20 years in, or be at least 60 years old with 120 months of creditable railroad service, which is a ten year tenure. In addition, you have to be permanently disabled from the work you did in your regular railroad occupation. Regular railroad occupation is the job you did in the last few years that you were working for the railroad. For example, if you were a conductor, you have to be unable to do the jobs that the railroad requires a conductor to be able to do. If you were an engineer, you have to be unable to drive a train. If you worked in the office, you have to be unable to do the office work, whether it was clerical or computer or ticket taking.

Qualifications for Total Disability Annuity

If you have not worked for 20 years with the railroad, or if you are not over 60 and have 10 years in, the benefit that you are eligible from the railroad is the total and permanent disability annuity. In that case, you have to be unable to work in any kind of job at all. An additional qualification is you have to have at least 120 months of creditable railroad service and be permanently and totally disabled from any kind of regular work. If you don’t have 20 years into the railroad, but you have over 10 years of work with the railroad, and you are unable to work in any capacity at all, you might be eligible for a total and permanent disability annuity.

Again, you have to be unable to work in any other kind of job to qualify. Not just the work you did for the railroad, but any other work. You have to stop all work, but you do not have to have a current connection to the railroad. You should consult with an attorney to determine which kind of benefit is appropriate for you to seek, and exactly what you must do in order to be eligible for that benefit.

By: Gabe Hermann