After submitting your request for an on-the-record decision in Dallas, there are several possible next steps in the Social Security disability claim process. Fortunately, an experienced attorney can help guide you each step of the way. The following are potential next steps following an application for an on-the record decision as part of your Social Security disability claim:
Fortunately, there are no penalties for being issued a denial of your request for an on-the-record decision. If the request succeeds, however, you will have avoided the need for a hearing with regard to your claim. The process will also have been expedited since you will not have to wait for a formal hearing. Since there are so many potential benefits to obtaining an on-the-record decision, this means there is little reason not to seek out the on-the-record decision.
The attorneys at Morgan & Weisbrod are experienced and knowledgeable with regard to helping clients obtain Social Security disability benefits. To learn more about how we have helped clients with claims like yours, view our many positive client testimonials. For more information and helpful tips, follow us on Facebook!
It was smart of you to speak to your doctor about Social Security disability before you started the application process. Some doctors hold negative beliefs about the program and it’s better to know about the problem in advance so there are no unpleasant surprises further down the road.
This is a difficult situation and you might want some in-person advice before taking the next step. A skilled Bellaire disability attorney will have dealt with uncooperative doctors before. He or she might be able to talk your doctor through some of her reservations—at the very least, you’ll have an informed opinion if the situation is truly unworkable.
What does the SSA look for in a treating physician?
Need to know more? Don’t wait another day—talk with an experienced Houston disability benefits attorney at Morgan & Weisbrod. Call toll-free (214) 373-3761 or fill out the online form.
Each month, the Social Security Administration completes a report called the Average Wait Time Until Hearing Held, formerly named the NESTAT report. This report estimates the average length of time applicants have to wait for hearings and appeals on their cases. You will be able to find estimates here for every Social Security office—including the offices in Dallas, Fort Worth, Houston, and San Antonio.
According to the latest information available, in May 2017, the wait for a hearing was:
Hearing offices are also ranked nationally by the average number of days that it takes them to complete a hearing request. As of May 26, 2017, the Texas offices ranked as follows:
To put this in perspective the office that ranked number one was the Mayaguez office with an average wait of 154 days and the office that ranked last at 164th was the San Juan office with an average wait of 851 days.
There is no single reason. Some of the factors that may contribute to the wait for a hearing can include:
It’s important to read all the disclaimers and remember that information gathered from any of the public-use files at the SSA.gov site are only estimates derived from information gathered at earlier points in time. It is possible that these estimates may not reflect your personal experience.
If you are appealing a Social Security disability decision, we encourage you to learn more about your rights and to talk to an experienced attorney who can help you through the appeals process efficiently. Please download a FREE copy of our book, Social Security Disability: What You Need to Know and contact us directly via this website or by phone to learn more.
Since 1973, the Social Security Act has provided for annual cost of living adjustments (COLAs) to ensure that the amount Social Security beneficiaries receive grows at the same pace as inflation in the United States. The idea behind the COLA is that as food, shelter, and other necessities become more expensive, benefit checks for those receiving Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) will also grow.
The COLA increase is calculated using a formula provided by the Social Security Act that involves the Consumer Price Index for Urban Wage Earners and Clerical Workers – information provided by the Bureau of Labor Statistics. Unlike veterans’ disability benefits COLAs, Social Security COLAs are not voted on by federal lawmakers, but rather calculated and approved by the Social Security Administration (SSA).
There may not be any COLA increases at all in years of poor economic growth or low inflation in the United States. During the recent recession, there were no COLA increases in 2009 or 2010. However, during better economic years, COLA increases have been as much as 14 percent, though normally the number hovers between one and five percent.
If you have a question about your Social Security disability claim, talk to a Texas SSDI attorney today for answers. Contact Morgan & Weisbrod today.
It is extremely disappointing to learn that your application for Social Security disability benefits has been denied by the Social Security Administration (SSA). However, it is extremely important to know that the SSA denies two out of three of the disability claims it receives and that mistakes do happen.
If your SSDI disability claim or SSI disability claim has been wrongfully denied, it is important to act quickly:
The Direct Express Debit MasterCard is one of two choices that Social Security disability recipients and Supplemental Security Income (SSI) recipients have for receiving paperless monthly checks. The second option is a direct deposit of funds into your bank or credit union account. Paperless options are safer and more secure than getting a check in the mail and also more convenient choice for many.
The Direct Express debit card is ideal for those who do not have a bank account, though anyone may request a card. Each month, your Social Security benefits will become available on the card, which you can use to make purchases directly or to get cash at ATMs. While your first ATM withdrawal of the month is free, subsequent withdrawals cost 90 cents each. There are also fees to use your card abroad and to transfer money from your card to a bank account.
When the Social Security Administration switches over to an all-paperless payment system next year, check recipients will have to choose between this option or a bank deposit option.
Do you have a question about your Social Security benefits or a denied Social Security claim? Speak with a Dallas Social Security disability attorney at Morgan & Wiesbrod today at (214) 373-3761.
Yes, you may receive both Social Security disability benefits and workers’ compensation benefits at the same time – but note that your Social Security payment may be reduced depending on how much your workers’ comp payments are. In general, if your injury or health condition is work-related and if your disability is expected to last for a year or more, you could qualify for both types of benefits.
When you receive an on-the-job injury that will likely result in a disability, it is very important to begin the process of applying for both workers’ compensation and Social Security disability benefits. Workers’ compensation is paid through your employer, who most likely holds workers’ compensation insurance. Social Security disability benefits are paid by the federal government out of a fund that you have contributed to throughout your employment history.
It is also important that you report your income from workers’ compensation and your income from Social Security disability so that you can be sure to receive the correct payments and avoid violating the law.
Receiving both Social Security disability benefits and workers’ compensation benefits can be confusing – to learn more about which programs you are eligible for and what you need to do to receive the maximum support in the wake of your injury or diagnosis, contact a Houston disability attorney at Morgan & Weisbrod today.
Although you may need to pay taxes on Social Security Disability Income (SSDI) benefits, you will not need to pay federal income taxes on any Supplemental Security Income (SSI) benefits you receive. Very simply, SSDI benefits are awarded regardless of assets and income, while SSI benefits are only available to those with very little property and a very limited income.
If you receive Social Security Disability Income (SSDI) benefits, you will receive a SSA-1099 in the mail from the Social Security Administration (SSA) listing the payments you have received during the prior year. If you receive Supplemental Security Income (SSI) benefits, you will not receive a 1099 tax form regarding the payments.
Since SSI benefits are non-taxable, you do not have to report them on your tax return. However, you still need to report any other income on your taxes, such as money made through interest or dividends.
If you receive SSI benefits and have a question about Social Security disability benefits and your taxes, speak with a tax advisor or a CPA. If you have a question about whether or not you may be eligible for SSI benefits, you may wish to speak to Morgan & Weisbrod, disability lawyers in Dallas. Call us today to schedule a no-obligation consultation about your claim.
If your child suffers from a serious disability in Texas and does not have significant financial support or resources, he or she may be eligible to collect Supplemental Security Income (SSI) payments.
To qualify, your child must:
Some common health conditions that qualify for SSI disability payments for children in Texas include: HIV/AIDS infection, blindness, deafness, muscular dystrophy, Down Syndrome, cerebral palsy, mental retardation, and extremely low birth weight.
To apply for SSI payments for your disabled child, you must provide detailed medical records, financial records, and other information that proves that your child is disabled and without significant resources. If you need assistance with securing SSI disability payments for your child in Texas, speak with a Houston disability attorney today.
Supplementary Security Income (SSI) is a federal program that provides monthly benefits to those with low incomes and few resources who are disabled, blind, or over 65 years old. Both children and adults can qualify for benefits. To qualify for SSI benefits due to a physical or mental disability, you must be unable to work for at least 12 months, have little or no income, and have under $2,000 in resources (such as property and other assets). Couples may have up to $3,000 in resources.
Unlike Social Security Disability Insurance (SSDI), SSI payments are not based on an individual’s work history or past contributions. Instead of being funded by Social Security taxes, SSI is funded by federal income taxes. As of 2011, about 8 million Americans receive some amount of Supplementary Security Income.
You may apply for Supplementary Security Income though your local Social Security Administration office. During the application process – which takes approximately three to six months – applicants must prove their disability and disclose their income and resources. If you are denied SSI benefits, you have 60 days to appeal your case.
Have more questions about Supplementary Security Income (SSI)? Speak with a Texas disability attorney today.
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