You struggle with suicidal thoughts and feelings of worthlessness on a daily basis as part of your depression. You’re on medication and see a therapist regularly, but you just can’t seem to manage this disease.
Your disorder makes working impossible. You aren’t able to handle changes in routine well, and you just can’t seem to get along with any of your coworkers. You’ve applied for Social Security disability benefits, but were turned down.
Now you are out of a job and have no way of getting any income.
If depression is the only disorder from which you suffer, you’ll likely have trouble getting approved for Social Security. When you are denied, here’s what to do:
At Schmidt Kramer, we understand how disappointing and frustrating it is when you are denied the Social Security benefits you believe you deserve. Instead of getting mad, hire an attorney. Doing so will likely provide a better outcome.
Contact us today through our website chat feature, our online form, or by giving us a call at (717) 888-8888. Speak to one of our experienced attorneys about your situation and find out if we can help.
If you are experiencing severe back pain as a result of spine problems, and you have suffered physical limitations that have interfered with your ability to work, you may have a spine disorder that the Social Security Administration (SSA) recognizes as a qualifying health problem. However, there are many different spinal disorders that don’t qualify for Social Security Disability benefits.
You may have osteoarthritis, spinal stenosis, or a vertebral fracture, but a diagnosis by itself doesn’t automatically qualify you to receive disability benefits. For example, with spine osteoarthritis, it is critical that you are also suffering from reflex, motor, and sensory loss as well. This is why it is essential that you seek a medical diagnosis and treatment. If you have strong medical evidence to support your claim—that your spinal disorder is preventing you from doing your job and making a living—it may qualify you to receive disability benefits.
With any claim for disability benefits, a Social Security examiner will review your medical records and refer to their list of impairments to determine if your condition qualifies for benefits under SSA’s guidelines. If your medical records and your paperwork support your claim, your disability benefits may be approved. However, many times claims are denied.
If your claim is denied, you should order a free copy of our book, Your Guide to the Social Security Appeals Process. In this book, you will get your questions answered and learn how to go about filing a Social Security Disability appeal to get the benefits you deserve.
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Contrary to what you may have heard from wisecracking comedians, attorneys are not all money-grabbing leeches. In fact, we take our job very seriously, and we want to make sure we can do our very best on behalf of every one of our clients. An attorney may refuse to handle your claim for any of the following three reasons:
This is perhaps the most disheartening reason that an attorney in Harrisburg may decline to accept your case. If the attorney believes that you will not be able to win your claim—even on appeal—he or she should not give you false hope.
Because the laws regarding any one type of claim are so complicated, an attorney will typically specialize in one or two particular areas. For example, one attorney may focus on auto accident injuries while another is skilled in handling claims for Social Security disability in Pennsylvania. In fact, you should be wary of a single attorney who claims to handle all types of lawsuits. Such a person is not likely skilled in your particular area of need and will probably not do a good job on your claim.
Finally, a conscientious lawyer may turn you down simply because he or she has a full workload and cannot put in the hours of time necessary to do your case justice. Putting together an initial claim or appealing a decision for Social Security disability is a time-consuming, complicated matter.
Just because one lawyer has refused to handle your case does not mean you should give up. It’s quite possible that you simply have not yet found the lawyer most qualified to handle your particular claim. To see how we can help you, fill out our contact form to request your free initial consultation from one of our skilled Harrisburg Social Security disability attorneys.
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We’re sorry to hear your brother-in-law has been having trouble with his disability claim. It may be possible for him to continue to receive federal benefits, but much will depend on the specific facts in his case and his ability to persuade an administrative law judge that his benefits should continue.
Jerry’s case isn’t unique. As Social Security attorneys, we have often heard that the Social Security Administration sends mixed messages about income and eligibility. Officially, the SSA says it’s compassionate about people trying to retain a measure of independence through work. But caseworkers are too eager to terminate benefits when disabled Americans try to ease back into the workforce. Your brother-in-law is trapped between these two conflicting impulses.
As you know, Social Security Disability Insurance (SSDI) provides monthly income for people who have had a strong work history and now find themselves unable to hold a job due to a serious, lasting disability. To remain eligible, a program participant may earn only a tiny income—a maximum of about $1,010 a month at the time we write this. This maximum amount is adjusted every year.
At the same time, the Social Security Administration sponsors a number of “work incentive” options that encourage people to move back into the workforce when they have recovered from their disabilities. Programs such as the Trial Work Period and the Ticket to Work are designed to ease the transition back to regular employment. A disabled person enrolled in one of these programs is protected from being thrown off SSDI based on his work activity. But you need prior approval to join these programs, and you don’t mention that your brother-in-law, Jerry, was a participant.
Being registered for one of these programs might not have been helpful, anyway. The rules say that program participants can’t have their benefits terminated based on work activity alone. However, Social Security caseworkers use medical continuing disability review reports to terminate SSDI benefits for program participants. They say that being able to work, even in a limited degree, indicates that the person’s medical condition no longer is disabling. That seems to be what has happened to Jerry.
It’s not too late to act. There is a 60-day period to appeal a decision to stop SSDI benefits. That doesn’t give Jerry a great deal of time to prepare a response, so this matter should be dealt with some urgency. The first step should be contacting a trusted disability attorney who can examine Jerry’s case in depth and help prepare a response to the termination letter.
Our Pennsylvania disability lawyers at Schmidt Kramer have helped hundreds of SSDI recipients keep their benefits when caseworkers have moved to cut them off. Call us at 717-888-8888 or (717) 888-8888 toll-free to schedule a free, confidential case review or to sign up for our FREE client newsletter.
Bipolar disorder is a serious brain disorder that affects nearly six million adults in the United States. The disease is characterized by debilitating mood swings—alternating between mania and depression. While many people can be successfully treated with medication and therapy, others suffer with the illness to the point that they are unable to work.
Although bipolar disorder is a serious illness that qualifies for Social Security Disability, those suffering from the disorder are often denied benefits after the initial application. Following are some tips for mounting a successful Lancaster Social Security Disability case:
Bipolar disorder can be crippling and seriously affect your ability to hold down a job. Unfortunately, Social Security Disability benefits are often denied for those suffering with bipolar disorder because there are no obvious physical symptoms. If you have been denied benefits for bipolar disorder, a compassionate and skilled Lancaster Social Security Disability lawyer at Schmidt Kramer can help.
Our compassionate attorneys focus on Social Security Disability law and know how to put together a winning appeal. Give us a call today at (717) 888-8888 for your free case evaluation. We are on your side!
When applying for disability benefits, many people get confused between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The main difference is that SSDI is for an individual who has worked and paid Social Security taxes for at least 5 years of the last 10 years. SSI is for people with limited income and resources who have not paid Social Security taxes.
Your monthly disability benefit amount on SSDI is based on how much you made while you were paying into Social Security taxes. Monthly benefit amounts can vary greatly from person to person, but the average monthly benefit amount for 2020 is approximately $1,200.
Your monthly payment for SSI is based on need and can vary, but there is a maximum Federal SSI benefit for which people are eligible. Pennsylvania will also supplement your SSI benefit with additional payments, depending on your income, living arrangements, and other factors.
When it comes to medical coverage, individuals receiving SSDI will get Medicare coverage automatically after receiving disability benefits for two years. Medicare is the U.S.’s health insurance program for people 65 and older, but people on disability can qualify for it, as well. For people receiving SSI, most are automatically eligible for Medicaid, health coverage for lower income individuals.
If you need help filing for Social Security disability or appealing a denial, it’s time to contact a Social Security lawyer. Harrisburg residents are encouraged to call the attorneys at Schmidt Kramer for a free consultation at (717) 888-8888.
With many disabilities, an individual remains fully capable of handling his or her own affairs despite being unable to work. In fact, a great majority of cases involve disabling conditions such as injuries, heart conditions, or other medical conditions that only affect a person’s physical ability to work. Other conditions, such as depression, may prevent a person from holding a steady job, but the person remains capable of handling his or her own care and finances.
In other cases, such as dementia, extreme psychological disorders, or head trauma, the SSDI recipient may be unable to properly manage his or her finances or personal care without help. In this case, the Social Security Administration will often assign what is known as a representative payee. This is an individual who is chosen to manage the benefits, making sure that the money is spent in the manner best for the recipient.
A representative payee is entrusted with the recipient’s Social Security disability (SSD) benefits. Think of the payee as a money manager, of sorts, but with a very big list of responsibilities. It is his or her job to ensure that the recipient’s benefits are spent wisely and appropriately, including:
As far as choosing the representative payee, the Social Security Administration knows that many important factors come into play. Someone who knows the recipient and his or her needs would be best suited, such as a spouse, live-in relative, parent, friend or other relative. In the absence of a close friend or family member, a lawyer or caregiver can serve in the position as well. Ultimately, the SSA will assign the representative payee, but the recipient will likely be consulted about who would be suited for the role.
If your father does not agree with the representative payee named by the Social Security Administration, he will be given 60 days (from the date he received the decision) to appeal. If at any point he would like to change his representative payee, his chosen replacement will need to apply for the position at a Social Security office.
A representative payee can be an incredible asset, as his or her sole purpose is to manage the recipient’s benefits in a manner that protects the recipient’s best interests. If your father is uncomfortable with who was chosen or does not feel as though he needs a payee, he can appeal the decision within the 60 day deadline, as well. Be careful, however—proving that you are not as disabled as the SSA assumes can be a risky venture, so it is wise to discuss the matter with an attorney first.
For more information about your situation, or a similar situation, contact our disability law firm today by phone, live chat, or by filling out the online contact form.
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Good grief, no.
Many people have become frustrated and discouraged by the Social Security Disability Insurance (SSDI) application process. Too many applicants give up and walk away too soon—and they never get the benefits they need so desperately.
The Social Security application process makes it easy to give up. Sometimes the maddening difficulties seem to be deliberately planned to urge people to give up:
There are reasons for all these delays and all this irritation. Government benefits have become such hot-button issue in Washington politics. No government official wants to be accused of allowing fraud and abuse to flourish. In this political environment, it’s easier to mark an applicant’s SSDI claim “DENIED” than to risk giving money to the undeserving.
As Social Security lawyers in Harrisburg, here’s one of the most important things we know about the SSDI application process: most people who hire legal help and persevere in their claims eventually receive benefits, including payment for benefits that they missed while the application was pending. Through each level of hearings, and appeals, and reconsideration of appeals, more applicants who were rejected earlier are told their applications will be approved.
Hiring experienced legal help can make an enormous difference if you’re dealing with a denied SSDI claim in Pennsylvania. Your attorney understands the complexity of the claims process and knows all the relevant case law precedents to maximize the likelihood of a favorable result. He can help you compile medical records, witness statements, and work history forms. He can represent you at a hearing before an administrative law judge and prepare you to testify, if necessary.
At the Schmidt Kramer law offices in Harrisburg, we’ve done all those things and more on behalf of our clients. We’re not surprised to learn that statistics show disability claimants who hire attorneys are more often successful than claimants who decide to represent themselves.
If you have more questions that need to be answered—or if you want to start working today toward getting approval for your denied SSDI claim—then call Schmidt Kramer at (717) 888-8888 toll-free to schedule a free, confidential case review. We can work with clients anywhere in Pennsylvania, but most of our clients come from Harrisburg, Carlisle, York, Lancaster, Lebanon, or any of the surrounding communities. Just for calling us, we’d like to send you a FREE copy of our latest client newsletter.
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No.
More importantly, you don’t even automatically apply for Supplemental Security Income when you get your SSDI denial notice. The programs are almost completely separate. They have different goals, different purposes, and different target populations. The one thing they have in common is that the Federal Social Security Administration has been assigned to run each program.
Social Security Disability Insurance (SSDI) is, as the name indicates, a form of insurance. Like all other forms of insurance, the people who are covered pay for it; in this case, the payments are automatically withheld from the paychecks of all workers in the United States. In order to be eligible for SSDI, a person must have an extensive work history that shows gainful employment over many years. In addition, he must also be unable to work profitably, and this disability must be expected to last at least 12 months or to end in the person’s death.
The formula for calculating SSDI benefits is based on the lifetime earnings of the worker. There is no income test for SSDI: anyone can receive benefits regardless of wealth or (non-employment) sources of income. The average monthly payment for SSDI recipients was $1,132 at the start of 2013.
Supplemental Security Income (SSI) is a welfare program for the elderly, the disabled, or blind Americans. It was created in the mid-1970s to replace a number of state-based welfare programs. Even though the Social Security Administration was assigned the role to run the Supplemental Security Income program, SSI is not funded from the Social Security trust funds but from general federal revenues.
To be eligible for Supplemental Security Income benefits, an applicant must pass a means test to establish that he is desperately poor. A single individual with assets over $2,000 or a married couple with assets over $3,000 would not be eligible under the rules in force in 2013. Monthly benefit levels average about $525, and any other income may reduce the money SSI gives a recipient. Most recipients have no other source of income. In Pennsylvania, state funds are available for many SSI beneficiaries to supplement the low payments the federal program provides.
Both Social Security Disability Insurance and Supplemental Security Income use the same set of standards from the Social Security Administration to determine whether the applicant is unable to work. Those standards are notoriously difficult to meet. Both SSDI and SSI deny benefits to about two-thirds of all first-time applicants.
Because the benefit rates for Supplemental Security Income are so low, it is usually much more desirable to qualify for SSDI than for SSI. If your application was denied for non-medical reasons—such as a limited work history or current earnings in excess of SSDI limits—and, of course, if your records agree with those the Social Security Administration is using—then you may not have any other option but to admit you are not currently eligible for SSDI.
However, if your application was denied because of medical reasons, there may be grounds to challenge the rejection in an appeal. Schmidt Kramer’s disability benefits lawyers in Harrisburg regularly assist our central Pennsylvania neighbors with their appeals from unfavorable decisions by Social Security caseworkers. We may be able to help you get the full benefits you deserve. To get a complete case review—or to get answers to your most pressing questions—fill out our online contact form, or call us at (717) 888-8888 toll-free. We will schedule a FREE conference with one of our Pennsylvania Social Security lawyers to see whether Schmidt Kramer is the right law firm to represent your interests.
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The Social Security Administration (SSA) gathers and reviews a great deal of medical information for each applicant in order to make a Social Security Disability benefit determination. Because the process is so complex, the agency created a book called Disability Evaluation Under Social Security to help medical professionals understand the application process and medical criteria used to determine disability. The book is better known as the Blue Book.
The Blue Book contains the following information:
Although intended primarily for medical professionals, disability applicants may wish to review information contained in the Blue Book to understand how the SSA evaluates ailments. The Blue Book provides the specific guidelines used to evaluate a condition from a Social Security Disability perspective. However, the disability determination process is still highly subjective—especially for those with a condition that does not fit perfectly into a category outlined by the SSA. As a result, the SSA denies valid benefit claims every day. If you have been denied benefits, Schmidt Kramer may be able to help! Contact an experienced Social Security Disability attorney today at (717) 888-8888 for a prompt and free consultation.