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

Working While Applying for Social Security Disability Benefits

Hi. This is Lew Insler from Insler & Hermann, and today we’re going to talk about working while applying for, or receiving social security disability benefits. We feel our clients are better off financially and emotionally if they’re working. We never tell a client not to try to work, as long as their doctor approves, and a full answer as to whether or not you can work, depends on the specifics of your case. But generally, the following holds true. You can work at a level below what’s called Substantial Gainful Activity, and the amount for that changes each year, and still pursue your claim or continue to receive benefits. During the claims process, you can work up to three months in most cases, and six months under limited circumstances regardless of your earnings, and still use the original date of disability. That’s called an Unsuccessful Work Attempt, and it may actually help your claim.

Working After Winning Disability Claim

After you have been found disabled, you’re entitled to a Trial Work Period of up to nine months of an unlimited earnings, and those months don’t have to be consecutive. They can be within the first five years of your disability, after which any month in the next five years, where you make more than the Substantial Gainful Activity amount, you’re no longer entitled to benefits for that month. After those five years end, any month above Substantial Gainful Activity ends your entitlement to ongoing benefits. If you’re self-employed, it’s more complicated than just how much you were earning. Pensions, disability benefits, and other sources of wage replacement, do not affect your benefits. However, workers compensation might. The total of your social security disability and your workers compensation, can’t go over 80% of your past earnings.

By: Lew Insler

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

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

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