Category: Social Security Disability

If you are receiving Social Security disability benefits based on your own work history, your divorce will have no bearing on your eligibility for Social Security disability benefits. These disability benefits depend upon your work history and your contribution to the Social Security fund, not your family or your income. Thus, if you were eligible for Social Security disabilitybenefits when you were married, you will remain eligible for such payments after your divorce.

But Will Your Payments Change?

The calculation of your payments will not change, and if you divorce without any alimony or child support obligations, the amount you receive will not change. However, if you are required to pay alimony or child support, your Social Security disability payments may be garnished to satisfy those legal obligations.

What if You Were Eligible as a Dependent Based on Your Spouse’s Work History?

In limited circumstances, the Social Security Administration allows spouses of workers eligible for Social Security disability to also collect benefits. Generally, a spouse may be eligible for Social Security disability if the spouse is:

• Aged 62 or older
• Caring for a minor child under the age of 16
• Caring for a disabled child

After a divorce, you may continue to receive Social Security disability benefits as an ex-spouse if:

• You were married for at least 10 years.
• You are aged 62 or older.
• You have not remarried.
• You are not entitled to a bigger Social Security payment on your own.

If your children are receiving Social Security disability dependent benefits, your divorce is unlikely to impact those benefits.

Other Social Security programs, including supplemental security income, have different rules about how divorce impacts payments. Thus, it is important to know exactly how your benefits, and those of your family members, will be impacted by a divorce. To find out more, please contact Morgan Weisbrod today to schedule a free consultation with an experienced Social Security disability lawyer.

If you receive Social Security disability benefits, those benefits may be taxable. Social Security disability is not a need-based program. Therefore, there are often significant differences in recipients’ taxable income even if they are not working due to a disability, and some people end up paying taxes while others do not.

According to the Social Security Administration, approximately 33% of Social Security disability recipients pay taxes on their benefits.

Will You?

Your responsibility to pay taxes—and the amount of those taxes—depends on your total income as well as the income of your spouse. According to the Social Security Administration:

• If your annual income is more than $25,000 and you file your taxes as an individual, you may have to pay taxes on Social Security disability benefits.
• If your annual income is more than $32,000 and you file your taxes jointly with your spouse, you may have to pay taxes on Social Security disability benefits.

Income could include wages, interest earned, or dividends. The percentage of your benefits that are taxed will depend on the amount of income you must declare on your tax returns. Your tax rate on Social Security disability benefits will be the same as it is on your other types of income.

If you reside in Texas, your Social Security disability benefits will not be subject to a state income tax because the state does not currently impose a state income tax.

It is very important that you list your Social Security benefits as well as all other sources of income when you pay taxes. If you have questions about your Social Security benefits and your taxes, be sure to speak with a tax advisor or accountant. If you have questions about your Social Security disability claim, we encourage you to contact our experienced Social Security disability attorneys for more information.

At first glance, there is no way to speed up your Social Security disability benefits claim. There is a backlog of cases, and you have to wait in line for your case to be heard. just like everyone else.

However, you should keep a few things in mind during your application process that could potentially save you months of waiting. Specifically, you can:

• Check the Compassionate Allowances list. If you are suffering from one of the very serious medical conditions listed by the Social Security Administration in the Compassionate Allowances Initiative, you qualify for an expedited application process. The Social Security Administration began the Compassionate Allowance program in 2008 and continually makes updates to the conditions that are included for expedited review.
• Fill out your initial application completely and accurately. Two out of three applications for Social Security disability benefits are rejected at first. In many cases, it is simply because the applicant did not provide enough information proving their disability or because the applicant did not fill out the application correctly. While these applicants may eventually qualify for benefits, they will have to wait extra time while they go through the appeals process.
• Hire a Social Security disability lawyer. A lawyer can make sure your application is completed accurately and can monitor the status of your application to make sure there are no unnecessary delays. Additionally, if an appeal needs to be filed, a lawyer can do so as quickly as possible.

You become eligible for Social Security disability benefits in the sixth full month after your disability onset date. Our goal is to help you get the Social Security disability benefits you deserve as close to your eligibility date as possible so that you can start receiving the benefits to which you are legally entitled. To learn more about how we can help you, please schedule an initial consultation with us today. You can reach us by phone or via this website at your convenience.

Every case is unique. However, for some Social Security disability applicants, the time that it takes to get Social Security disability benefits may seem exceedingly long. Even if your application is approved on the first try (and most are initially denied) the wait can be several months long.

The Official Wait Time

The Social Security Administration (SSA) will determine the date on which your disability began. You only become eligible for benefits in the sixth full month following that date. The first five months are considered a waiting period and, even if your application was to be approved during that time, you would not be eligible for Social Security disability benefits.

Of course, in some cases, the waiting time for Social Security disability benefits can be much longer. Your benefits may be delayed, for example, if your initial application for benefits is denied. Two-thirds of Social Security disability applicants have their initial applications denied. You have the right to appeal the denial; however, it could take over a year to finish the process and to get the Social Security disability benefits you deserve.

Now Is the Time to Help Speed Things Along

The more you know about how to complete your paperwork and how to successfully apply for benefits, the more likely you are to secure disability benefits sooner.

Additionally, there is a group of 100 different diseases and conditions on the SSA’s Compassionate Allowances list. If you are suffering from one of these illnesses, your application for benefits can be fast-tracked.

Our board-certified disability lawyers are committed to helping our clients get the benefits they deserve as quickly as possible. We will do our best to shorten your wait time so that you can start receiving the benefits you need. For more information about how we may help you, please start a live chat with us now or call us directly to schedule an initial consultation.

Yes. Your housing status has no impact on your Social Security disability eligibility. Whether you are currently living in a homeless shelter, living with a friend or relative, or living on the streets, you are absolutely still eligible to collect Social Security Disability Insurance (SSDI) benefits if you qualify.

You Are Not Alone

A significant percentage of the homeless population is disabled. Having a disability may make it difficult or impossible to work and, without an income, it can be difficult to have consistent housing. The Social Security disability benefits system is in place to help you if you can’t work because of a disability and if you cannot afford basic needs like shelter, food, and clothing.

Don’t Let Your Homelessness Prevent You From Applying for Benefits

Sadly, being homeless often serves as a barrier to successfully apply for disability benefits. Faced with long waiting periods, a trying application process, limited access to medical care, and other stumbling blocks, many homeless or sheltered people do not receive the benefits they so desperately need.

However, the Social Security Administration (SSA) must consider your application and, if you meet the Social Security disability eligibility requirements, the SSA must approve your application. Then, the SSA should work with you to determine how best to get your benefits to you if you qualify.

The first step is to file a complete application with the SSA online or at your local office. The SSA may also be able to provide you with information about local housing resources and support.

Our board-certified Social Security disability lawyers believe that everyone—regardless of their housing status—has the right to apply for Social Security disability benefits. If you are disabled and homeless, we encourage you to contact us via this website or by phone for more information. We will work hard to make sure that your rights are protected and that you get the benefits you deserve.

In your initial application for Social Security disability benefits, you have to prove that you have worked for a significant amount of time in jobs with Social Security coverage. You must also prove that you have a disability that prevents you from working, and that this disability will last for at least one year (or is expected to be fatal).

How Will You Prove This?

The Social Security Administration (SSA) is not going to take your word for it. Instead, you must present evidence that supports your claim.

To complete the Social Security disability benefits application process, you will need the following information:

• Your Social Security number, as well as Social Security numbers for your spouse and dependent children.
• Your birth certificate.
• Proof of United States citizenship, or proof of lawful alien status if you were not born in the United States.
• Your tax information from last year.
• Military discharge information, if applicable.
• Contact information for a doctor or other professional who is familiar with your disability.
• Contact information for any medical professionals, hospitals, or doctors’ offices that have treated you.
• A list of your medications and the doctors who prescribed them.
• A list of medical tests, test results, and the person who ordered the tests.
• A summary of your job history, including your last five employers in the last 15 years.
• Any information on past workers’ compensation claims filed.

Other information may also be required by Form SSA-16 and the Adult Disability Report that accompanies that form.

In order to get the benefits that you deserve, your application must provide the SSA with the evidence that it needs to find in your favor.

If your initial SSDI benefits application has been rejected or if you have other questions or concerns with your case, contact a board-certified disability lawyer today for assistance. We will fight hard to get you the fair Social Security disability benefits that you deserve.

You ask a good question. Before you can decide whether or not to hire a Social Security disability lawyer, you need to weigh the costs and benefits so that you can make an informed decision.

We Charge No Fees Unless We Are Successful

Our fees are governed by the Social Security Administration (SSA) and, therefore, we charge no more than 25 percent of your back benefits, up to a maximum of $6,000, if we are successful. Because the fees are set by the SSA, it will not cost you more to be represented by an experienced Social Security disability attorney at our firm than it would cost you to be represented by a lay advocate who is not an attorney.

The Financial Consequences of Failing to Hire a Lawyer Can be Costly

The majority of Social Security disability applications are denied. The SSA requires very specific information to be provided in a very precise way by Social Security disability applicants. Any application that fails to meet the SSA’s requirements will be denied and the applicant will be unable to recover Social Security disability benefits even if the applicant has a disability that qualifies him for such benefits—unless the applicant is successful on appeal.

You risk nothing by hiring a board certified Social Security disability lawyer, but you risk quite a bit if you fail to hire an attorney to protect your rights. Without Social Security disability benefits, you may find it difficult to pay for your medical bills and living expenses.

You don’t have to take this risk. Instead, we encourage you to contact us for a free, no obligation consultation. We will review your case and give you information about how we can help you so that you can make an informed decision about whether or not to hire a board certified Social Security disability lawyer to protect your rights. For more information, please contact us via this website or by phone to schedule your free consultation.

In many cases, the answer to this question is “yes,” you can automatically qualify for disability benefits if you suffer from lymphoma. Non-Hodgkin’s lymphoma is a condition that is listed in the Social Security Administration’s blue book of disability listings. This means that some patients may automatically be approved for disability benefits.

Common Lymphoma Symptoms

When lymphoma symptoms prevent patients from being able to support themselves financially, Social Security disability benefits can be a valuable lifeline. Examples of some of the more common symptoms of this condition include the following:

1. Weight loss
2. Fatigue
3. Swollen lymph nodes
4. Fever
5. Anemia
6. Weakness

Treatments for Lymphoma

Social Security disability benefits can also help lymphoma patients focus on their treatment rather than worrying about how they are going to pay their bills. Some of the treatments that victims may have to endure include the following:

1. Radiation therapy
2. Chemotherapy
3. Surgical procedures
4. Other biological therapies, such as interferon

Qualifying for Disability Benefits Due to Lymphoma

In order to qualify automatically for disability benefits as a result of lymphoma, your Social Security disability application should:

1. Include a diagnosis of non-Hodgkin’s lymphoma.
2. Demonstrate that the lymphoma is aggressive, also known as diffuse large B-cell lymphoma and that the aggressive lymphoma did not go away after an initial round of chemotherapy or radiation treatment.
3. In the alternative, demonstrate that you suffer from indolent lymphoma, also known as mycosis fungoides or follicular small cleaved cell lymphoma that requires more than one chemotherapy or radiation treatment within a time period of one year.

It is also important to note that if your lymphoma required that you obtain a bone marrow transplant or a stem cell transplant, you can automatically qualify for disability benefits for a time period of one year.

As is the case with all Social Security disability eligibility determinations, your application must be complete in order to recover benefits.

If you are interested in learning more about Social Security disability benefits, we encourage you to view our free guide, Social Security Disability: What You Need to Know or to start a live chat with us at your convenience.

It can take several months for your disability claim to be decided, and during that time you may have questions about the status of your claim. It is important to be proactive about tracking your Social Security disability claim as it moves through the system, but first you need to know how and why to do it.

How to Check the Status of a Social Security Disability Application

You can check the status of your Social Security disability claim by:

• Calling the local Social Security Office and speaking with a disability claims representative.
• Checking the status of your claim on the Social Security website.
• Speaking directly with the disability examiner assigned to your case. This person likely works in the Texas Disability Determination Services (DDS) office.
• Contacting your Social Security disability lawyer. Your attorney can make the appropriate calls to the SSA or DDS on your behalf and help you get the information you need.

You, or your lawyer, can usually get the most information by contacting DDS. When you call the DDS office, tell them you are calling to check the status of your application. The disability examiner will be able to tell you if your case is pending or if a decision has been made. If your claim is still pending, ask if there is any way you can help move the process forward. Remember not to say anything that could hurt your chances of obtaining Social Security disability benefits, and instead, keep any conversations with the SSA or DDS limited to the status of your case.

Why You Should Check the Status of a Social Security Disability Application

Now that you know how to check the status of your Social Security disability application, it is important to know why you should do so. You should check on your application’s status because:

• Paperwork may get lost. It is possible that the paperwork for a Social Security disability benefits application was lost. When this happens, the case will not progress, and valuable time may be lost. In some cases, the applicant may even have to prepare and file an entirely new application. This occurs when the Social Security Administration determines that the appeal deadline was missed, even if that missed deadline was the fault of the SSA itself.
• The Social Security Administration may fail to notify you that your claim has been denied. Applicants have only 65 days from the date on which the denial was issued to file an appeal. Naturally, it is extremely difficult to comply with this deadline if you are not aware that your claim was denied.
• Contacting your claims examiner at the Disability Determination Services to inquire about the status of your case could potentially speed the matter along.

The approval of your claim may be just part of another workday for the government worker assigned to your case, but it is critically important to you, and the wait for an answer can be excruciating. If you are handling your claim yourself, on the day you file your initial claim or first appeal, make a note on a calendar to remind yourself to check the status of your claim in 30 days. That way you won’t forget to follow up on this important matter.

If you are working with a disability attorney, you should trust that your lawyer will stay on top of your claim. An experienced Social Security disability lawyer will already be in communication with your disability examiner and can keep you up to date on the status of your claim. It’s just one of the services a legal representative will provide for you. Call Morgan Weisbrod at (214) 373-3761 today to learn more.

There are a number of serious consequences to committing crimes—and many people don’t realize that the extent of those consequences go beyond jail time and fines. In some instances, your criminal record or your criminal status could affect your ability to receive Social Security disability benefits.

How Your Criminal Record Could Impact Your Social Security Disability Benefits

Generally, you cannot receive Social Security benefits if you:

• Currently have an outstanding warrant for your arrest for a felony
• Are currently incarcerated for a felony
• Are currently institutionalized by court order for a crime for which you were found not guilty due to insanity or for which you were found incompetent to stand trial
• Became disabled while committing a crime for which you were convicted—or your disability became worse while committing a crime
• Were injured or became disabled, or your disability became worse, while serving time for a felony. However, you may apply to receive benefits for this disability after being released from prison.
• Committed the crime of fraud to obtain Social Security benefits or if someone in the Social Security Administration committed fraud on your behalf
• Are violating a condition of your parole
• Are violating a condition of your probation

But You Can Receive Social Security Disability Benefits in Some Cases

Specifically, you may be eligible for Social Security disability benefits if you:

• Have a criminal record but you are not currently in prison for a felony and you are not currently wanted for a felony
• Are incarcerated but participating in a rehabilitation program such as a work-release program, and if your release will take place in a reasonable amount of time
• Are injured but are not convicted of the crime associated with the injury

We have all made mistakes. You may have paid the price for your mistakes and learned important lessons from these mistakes. In many cases, if you serve your time and follow the conditions of your probation or parole, your criminal past will not affect your ability to secure Social Security disability benefits. To learn more about your specific case, contact Morgan Weisbrod today via this website for a free, confidential consultation.