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

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

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

Eligibility for Railroad Benefits

Hi, I’m Gabe Hermann and today we are going to speak about why you should have an attorney handle your railroad retirement claim. Eligibility for railroad benefits is dependent on a large number of factors, including your period of service, whether you have a current or remote service connection, the type of benefits you are due.

In addition to that, factors to be considered are the type of work you performed and your age. There is a complex interplay between eligibility for railroad benefits and for social security disability benefits. You will benefit from working with someone who understands how to make sure that you maximize the benefits to which you are entitled.

Winning Railroad Retirement Claims

As attorneys who have represented thousands of disabled clients, we understand what the decision makers at the Railroad Board are looking for, and we can best explain to physicians and treating sources what information is most critical to showing a disability. We understand the claims process. We know the hearing officers, and we are known by them. We can maintain channels of communication with the people who decide if you are disabled, and we make sure that they have all of the information that they need in order for them to make a determination.

In short, we know what it takes to win your railroad disability claim, and we help make sure to present your railroad disability claim correctly by actively monitoring your claim and making sure that the board’s decision makers follow the law and the applicable regulations when deciding your case.

By: Gabe Hermann

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

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

Railroad Retirement Act Benefits

Hi, I’m Gabe Herman, and today we’re going to speak about what benefits are available under the Railroad Retirement Act that are different from those received from Social Security. The Railroad Retirement Act provides for two kinds of benefits to railroad employees: tier one benefits and tier two benefits.

Tier One & Tier Two Benefits

A tier one benefit corresponds neatly with the benefits that a claimant would collect under the Social Security Act. Tier two benefits, on the other hand, are a pension benefit unique to railroad workers who retire or are rewarded a disability annuity. The combined tier one and tier two benefits are generally higher than what a Social Security beneficiary would collect.

Dual Benefit Reduction

If somebody is eligible for both Social Security and railroad benefits because of their work history, that person will only get the larger benefit, whether it is the Social Security benefit or the railroad benefit. This reduction occurs because benefits are based on combining railroad and Social Security credits, figured under Social Security’s formulas, and reflects what Social Security would pay if railroad work were covered by that system.

The dual-benefit reduction follows the principles of Social Security under which a beneficiary receives only the higher of any two benefits that are payable. Railroad retirement benefits rise with cost-of-living adjustments at the same rate and at the same time that Social Security benefits increase. Generally, tier one benefits are calculated using the same formulas as Social Security benefits.

By: Gabe Hermann

How Long Will Filing for a Social Security Disability Claim Take?

Hi, I’m Lew Insler from Insler & Hermann. We’re going to talk a little bit today about time frames that are involved in filling Social Security Disability claims. We’re always asked how long is this going to take? Well, the entire process is probably going to take over a year. Sometimes, as much as a year and a half. Most people are denied the first time around. After that, you either file a reconsideration or you file for a hearing depending on where you live. The reconsideration typically takes a bit less time and is usually a rubber stamp for the initial denial. Waiting for a hearing can take as much as a year and a lot of people want to know, what can I do while I’m waiting. You can go back to work. However, the amount that you earn may have an impact on how long you’re able to receive benefits once they’re approved. You can also receive benefits from other sources. You can get workers compensation. You might be eligible for no fault benefits. You might be eligible for veteran’s benefits and you can even settle a personal injury lawsuit if that’s what led to the injuries or impairments that caused you to file for your claim. There is a way to expedite the hearing process. It’s called dire need. Social Security considers someone to be in dire need if they’re in danger being of either evicted or foreclosed. Realize that most people who are filing for Social Security Disability are having a lot of financial trouble. Unfortunately, because of that, Social Security is not going to expedite your hearing. You’ve got be in this dire need situation.

By: Lew Insler

VA Disability Compensation Requirements

My name is Gideon Miller. Today we’re going to talk about what a veteran must prove in order to get VA disability compensation. To receive veteran’s disability you must have been in active service and you must not have been dishonorably discharged. You must currently be suffering the effects or the symptoms of that injury or disease, and you must show that these effects or symptoms are directly related to your service.

This relationship is called the Medical Nexus. Once the symptoms or effects are shown, the VA will assign a percentage of disability or a rating, for each impairment. The rating is based on a defined set of symptoms or limitations resulting from the impairment. Each rating results in a monthly payment based on the schedule established and changed periodically by congress.

By: Gideon J. Miller