Why Should I Review My Award Notice?

Reviewing the award notice that you get after a favorable decision is probably the single most important thing that we do. The award notices often contain errors. They can misstate the amount of time you are entitled to retroactive benefits. They can be wrong on the amount of benefits you’re supposed to get going forward, due to things like workers compensation offsets, and they can forget to discuss your auxiliary benefits – benefits that you are due for dependent children. Reviewing those records is something that we do very, very closely in order to maximize your benefits.

By: Lew Insler

Problems With Disability Compensation Claims

My name is Gideon Miller, and we’re going to talk about what problems you may face during your VA claim for disability compensation. Evidence of service connection may be extremely hard to come by, and even when presented with what you think is strong evidence, the VA often makes decisions that cause you to shake your head in disbelief. Even if service connection is accepted, you can appeal either the rating percentage, the effective date of the disability, or both.

The VA will only approve attorney fees for work done after there has been an initial decision, so unlike Social Security, it is very unusual for an attorney to be involved in the initial application. This can lead to incomplete claims, as can the fact that the VA may approve one part of the case and deny another or perhaps give a different effective date for a third part.

Additionally an acceptable rating may be issued by the VA as yet another example of how the VA may be involved in your case, so you can have claims pending at many different levels concerning many different issues at the same time.

Added to the complexity of claims and the law involved is the delay. It can often take years for an appeal to be heard, and frustration is inevitable. You should seek experienced counsel as soon as an initial determination has been made, due to time limits and the frequent difficulty in obtaining evidence and records. A huge fire at a veterans’ record center in 1973 destroyed the records of over 16 million veterans, many of whom are still entitled to benefits today.

By: Gideon J. Miller

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

Unsuccessful Work Attempts in New York

My name is Gideon Miller, and today I’m going to be talking about unsuccessful work attempts and trial work periods. Many clients ask whether they can work while their application for Social Security Disability benefits is pending or after the claim has been approved.

While you can always return to work, the impact on your claim depends on a number of factors, including when you return to work, how long you work, and how much you make. Generally if you have applied for benefits but have not yet been approved, Social Security allows you to work for up to three months before it has any effect on your claim.

However Social Security only considers months where your income is above a certain amount, $1090 per month in 2015. If you stop working or reduce your wages below this amount within three months, you will have made an unsuccessful work attempt, and Social Security will allow you to continue your claim. This three-month period can also be extended to six months under certain conditions, and you should always call your attorney to discuss a work attempt that lasts between three and six months. However if your work attempt lasts longer than six months, Social Security considers you to be working, and you will not be able to continue with your claim. If you stop working again because of your impairments, you will need to file an entirely new claim.

Trial Work Periods

Here, the answer to this question depends on a number of factors, but generally speaking, Social Security gives individuals who are receiving benefits a nine-month trial work period before the benefits are stopped. The months do not have to be consecutive, and the earnings that lead to a trial work period month are considerably less than the amount needed to be part of an unsuccessful work attempt. Insler & Hermann never discourages our clients from trying to return to work, but there are a lot of issues to consider, and Social Security does not make it easy. Therefore before returning to work, always give us a call, so that we can explain how it may impact your claim or receipt of benefits.

By: Gideon J. Miller

Common Errors in Social Security Claims

Some of the biggest mistakes people make in filing for Social Security Disability is, first of all, waiting too long to apply, which can cost them retroactive benefits. Giving up when they’re turned down the first time, which is what Social Security wants you to do. Thinking that they can’t apply at all because the disability has to be permanent, but it only has to last for 12 months. And finally, failing to include all your medical problems. For example, only including things that are a result of an auto accident or a Workers’ Compensation claim when there are other impairments or medical problems that affect your ability to work.

By: Lew Insler

 Eligibility Requirements for Disability Benefits

Are you disabled? Does your disability prevent you from working? You may be eligible for social security disability benefits. Insler & Hermann knows that it’s not easy to apply for social security disability. We can help.

Most people are denied the first time they try

Call us today and let us help you get the disability benefits you deserve. We’re with you every step of the way. The sooner you meet with us, the sooner we can help you receive the benefits you deserve. We don’t get paid unless you win. Be our next success story.

By: Lew Insler

Hi. I’m Lew Insler from Insler & Hermann. In this video we’re going to talk about what your attorney will do for you as you retain him to handle your social security disability case. People who receive social security disability are often receiving other benefits, and one of the most important things we do for you, is explain how those benefits relate to each other. You may be getting long-term disability; you may be getting a pension from your employer or from your union. You’re getting Medicare or Medicaid, you may be getting workers compensation. We are well versed and well able to explain the individual benefit relationships that apply to your case. Once your hearing is scheduled, we’re going to meet with you and prepare you for your hearing. We’ll go through the hearing in general, and then case by case, and we’ll talk a little bit about the particular judge that’s handling your case, because we know the judges, and we know the questions that they’re going to be asking you. If there are any expert witnesses at your hearing, we’ll be preparing to cross-examine them based on what we know about your case and your medical records. In addition to being with you at the hearing, getting you ready for the hearing, both before and after the hearing, we may have to file memorandums with the judges.  If we’re not successful at the hearing, we will file an appeal, and we also will determine whether or not a new claim should be filed, sometimes in addition to the claim that we’re appealing, sometimes instead of appealing.

By: Lew Insler