According to the Social Security disability law, a 'disability' can be physical, emotional, mental, or some combination of these conditions. In order to win benefits, you must have a disability severe enough to keep you from working in any regular paying job for at least twelve consecutive months.
Tags: None
12 Comments
!2 month out of work
Sep 13, 2010 at 3:40 PM
I gave been out of work for 1 year 3 months before making a claim for disability. Does that count as the 12 months? Binder and Binder fees. Is your fee standard for the industry, governed by SSD? What is it. I filled in July and waiting a discission with SSD.
Binder & Binder
Sep 14, 2010 at 7:57 AM
Your time out of work does count towards the 12 month durational requirement only if you were disabled and unable to work during that time. Your onset date, or the date you became disabled and unable to work, would be the day you stopped working because of your condition. For example, if you were laid off a year ago, but your condition only started 3 months ago, your onset date for disability would be 3 months ago. You can file an application for Social Security Disability benefits at any time, even though you haven't been out of work for 1 full year.
Our fees are regulated by the government. Our fee is 25% of your past due benefits, or $6000 which ever is less.
Please feel free to contact us to see if we can help you with your case.
Capriece C. Husby
Sep 22, 2010 at 3:09 AM
I have been reluctant to file for and use SSD, but am now to a point with my physical and now mental disabilities that I cannot function normally or up to any of previous standards. I am on another of a long line of "CAP"s at my job (Creative Action Plan) and am assured that I won't last there because I just cannot keep up with production requirements though I am trying to. It is inevitable that I will be leaving there soon with the current "Creative" restrictions on my performance. Is it too soon to begin the filing process for SSD and if I am also in the midst of deciding to file for a divorce does that complicate anything? My husband is also in need of filing for disability as well, but that is another matter. I need your advice please.
Binder & Binder
Sep 27, 2010 at 12:12 PM
You should apply for Social Security Disability benefits once you stop working. You will not receive any benefits for the time that your application was filed while you continued to work, and you run the risk of ultimately being denied by a judge.
Once you stop working, please contact us to discuss your case.
http://www.binderandbinder.com/Free-Social-Security-Disability-Evaluation.shtml
Wayne
Oct 6, 2010 at 9:37 PM
I was recently denied SSD I've been diagnosed with 4 different types of mental disorders. I was let go from my job almost 2 years ago, and was able to collect unemployment due to a mental condition.
Does the fact that I'm on unemployment have something to do with being denied? The doctor that the government assigned me said he was surprised I hadn't applied for SSD before, that I should easily get disability. It seems that they didn't agree with his findings, even though they hired him. Is that common?
Binder & Binder
Oct 7, 2010 at 3:40 PM
When you file for unemployment benefits, you are telling the government that you are willing and able to work. When you file for Social Security Disability benefits, you are essentially telling the government the complete opposite – that you are totally disabled, and unable to work. We do realize that some of our clients file for unemployment, even when they feel that they cannot work, because of their financial situation.
Please complete our free, online questionnaire, and one of our representatives will call you back to discuss your case specifically.
http://www.binderandbinder.com/Free-Social-Security-Disability-Evaluation.shtml
Kyla
Oct 16, 2010 at 6:15 AM
I have already filled out the disability eval sheet but Im wondering if I am waisting my and your time. I was diagnosed with bipolar II when I was 13 years old and have had many many jobs from 16 to 26 but really haven't worked much since then and im 28 now. I have always had trouble holding down a job due to my disorder. I've never held a job longer than a year and i just wonder if I will meet the requirements. I have had so many jobs for a month here or a month there and then I would be hospitalized or have a mania attack and lose or just leave my jobs. I have lived with either my parents or my exhusband and now I need to support myself financially and am finding it impossible. Please help me.
Binder & Binder
Oct 18, 2010 at 10:43 AM
You may be eligible for Social Security Disability benefits if you paid enough into the system. An earnings statement from the Social Security Administration would advise you if you were eligible for this benefit. If you haven't received an earnings statement in the mail from the Social Security Administration, you should request one from your local Social Security office.
If you find that you haven't paid enough into the system you may be eligible for Supplemental Security Income payments. This is based on financial need.
Once you receive the earnings statement from Social Security, please call us or complete our free, online questionnaire and one of our representatives will see which benefit, if any, you would be eligible for.
http://www.binderandbinder.com/Free-Social-Security-Disability-Evaluation.shtml
Don
Oct 19, 2010 at 2:04 PM
I was diagnosed with Emphysema/ COPD about 12 years ago. I have continued to work as much as possible but keep finding myself losing my job because of becoming ill and not being able to make it to work. I also have 3 daughters that I pay child support for and I am wondering how that would affect my benifits and how much I would get if I was to go on dissability? The job I do right now I can do because it doesn't have a lot of physical activity but there are some things I do end up having to do that makes it hard to breathe. I am wondering do I have to lose my job and then start to fight for my disabilty or can I continue working while I file for my disability and then go from there?
Binder & Binder
Oct 19, 2010 at 3:17 PM
There are different burdens of proof for obtaining Social Security Disability benefits depending upon your age. If you are age 55 and older, all you need to prove to Social Security is that you can't do your past work. If you are under age 55 (with certain exceptions), you have to prove that you cannot do any type of work in the National economy. So, as you say in your note, you can currently work, but not at a physically demanding job. Depending upon your age, and your past work, you may or may not qualify for Social Security Disability benefits.
The amount of money you would receive if you were to be eligible for benefits depends on how long you have worked and how much money you have paid into the system over your lifetime. Those are calculations that only the Social Security Administration can determine. However, if you have received your earnings statement in the mail from them, it usually notes the approximate amount you would receive monthly if granted benefits.
Please complete our online questionnaire and one of our representatives will call you back to discuss your case in more detail.
http://www.binderandbinder.com/Free-Social-Security-Disability-Evaluation.shtml
Glen
Nov 5, 2010 at 7:05 PM
I wanted to know if SSD is hard to get when your long person at age of 28?
Binder & Binder
Nov 10, 2010 at 11:34 AM
It is quite difficult to get social security disability benefits for someone so young, but it is not impossible. Almost everyone under the age of 50 must prove that they cannot do any work in the National economy. It is not good enough to just prove that you cannot do your past work. When you are so young, you must meet Social Security's specific qualifications of disability. In order to be granted benefits, you must have the support of a treating doctor, as well as objective testing to back up your doctor's opinion.
If you think you have a viable social security disability claim, please complete our online questionnaire and one of our representatives will call you to discuss the specifics of your case.
http://www.binderandbinder.com/Free-Social-Security-Disability-Evaluation.shtml
Leave a comment