Social Security Disability Appeals Process Changed

Following a new ruling, a claimant can no longer file an appeal with the Appeals Council and file a new claim at the same time.  The new ruling only applies to claims for the same type of benefits that are being appealed.

If you have a pending Social Security Disability claim and lost at hearing, you cannot refile for disability benefits, if your chose to appeal to the Appeals Council.  Prior to the enactment of this rule claimants were permitted to appeal the decisions of a Social Security Administrative Law Judge while simultaneously refiling a new Initial Application.  The change requires careful consideration of whether to appeal or simply refile.

If a claim is denied by the Social Security Appeals Council, the claimant then has the right to file a new application for social security disability benefits.

Social Security law changes can occur quickly and with little notice.  It's important to have an experienced attorney represent you from the inception of your claim.  At Minnesota Disability and Atkinson Law Offices P.A. we are ready to represent you at any point in the application process up through the hearing.   You can contact our office locally at 651-414-0678 and 1-800-933-5619.  You will have a local attorney and professional paralegal to assist you throughout the process. 

Minnesota & Wisconsin Social Security Disability Experts

If you have a disability, then you may be eligible for Social Security Disability (SSD or SSDI) or Supplemental Security Income (SSI) benefits.  In order to receive these benefits, the Social Security Administration requires that you prove you are unable to work due to a medical condition that will last for at least one year in duration, or that will ultimately result in death.  Our expert attorneys and staff have years of experience in helping you obtain the medical support you need.

We know that the applying for benefits and proving your claim can be extremely difficult and frustrating.  Any mistakes in your application and failure to meet certain deadlines and complete paperwork required by the Social Security Administration can delay your receipt of benefits or in the worst case scenario lose your case. 

Statistics clearly show that you are more likely to win your case with the help of a skilled disability attorney. The attorneys and staff at Minnesota Disability are ready to assist you with you claim.  You may question whether you can afford a disability attorney.  Minnesota Disability will never charge a fee unless you win.  Though we do not provide free help with Social Security cases, should we agree to represent you, we will never ever charge a fee unless you win your case.  After our client wins we are usually paid a limited fee by Social Security out of our client’s past due benefits. The fee is limited to twenty-five percent of the past due benefits with a limit by Social Security. If there are no past due benefits then we do not charge anything for our legal services. 

Please contact attorney Tom Atkinson at Minnesota Disability today! 800-933-5619 or visit our website www.mndisability.  We represent clients in disability claims in Wisconsin, Minnesota, Iowa, North Dakota and South Dakota.  Call Today!

Minnesota Social Security Disability Lawyers. I'm Confused, Who Should I Choose?

Your doctor, family members or even you have come to realization that you may never be able to return to work due to a serious injury or illness.  For years you have been unknowingly paying FICA "insurance" to protect you should health conditions prevent you from continuing to work.  YES we all have this deducted from our paychecks without even knowing it in most cases.  Please try not to be embarrassed because nobody in our office will shame you for your difficulties.  Instead contact an experienced Minnesota social security disability attorney with Minnesota Disability.

Our social security disability lawyers are experienced in helping individuals plead their disability cases and can help steer your application in the right direction regardless of whether you have never applied for benefits or even if your claim has been denied.  The attorneys at Minnesota Disability are licensed and experienced lawyers rather than merely representatives.  We promise to speak honestly with you about whether you claim has a high probability of success.  Don't fall for disability mills that advertise on daytime or evening TV and who take just about ever application that comes their way regardless of the merits.  We have a very high success rate because we provide one on one attention to every disability claim in our office.  Contact our office today to schedule a FREE consultation with one of our lawyers.  We represent individuals throughout Minnesota and in all neighboring states.  Please visit us at www.mndisability.com or call today at 651-332-8717.

Expediting Your Social Security Disability Application

News Release

Social Security Fast-Track Disability Processes Get Even Faster 

Michael J. Astrue, Commissioner of Social Security, today announced that the agency has published final rules that will further reduce the time it takes to decide applications for disability benefits from those persons with the most severe disabilities—a process that currently takes less than two weeks on average.  The new rules allow disability examiners to make fully favorable determinations for adult cases under the agency’s Quick Disability Determination (QDD) and Compassionate Allowance (CAL) processes without medical or psychological consultant approval.  It also will help the agency process cases more efficiently as it will give medical and psychological consultants more time to work on complex cases where their expertise is most needed.

“The new rules we are publishing today will help us get disability benefits to the most severely disabled Americans even faster,” Commissioner Astrue said.  “This year, more than 100,000 people benefited from our fast-track disability processes and received decisions in a matter of days rather than the months and years it can sometimes take.  I am pleased that our fast-track processes will now be even faster and help speed much needed benefits to our most vulnerable citizens.”
Under Social Security’s QDD process, a predictive computer model analyzes specific data within the electronic disability file to identify cases where there is a high likelihood that the claimant is disabled and we can quickly obtain medical evidence.  The CAL process currently identifies 88 specific diseases and conditions that clearly qualify for Social Security and Supplemental Security Income disability benefits and can be fast-tracked.

The final rules, 20 CFR Parts 404 and 416, can be accessed through the Federal Register on-line at www.regulations.gov.  They will be effective on November 12, 2010.

Are you 50 Years of Age Or Older? You Have Special Rights For Social Security Disability Benefits.

Attention Claimants age 50 and older you have special rights!

In my practice many of my clients applying for Social Security disability are over the age of 50 and have worked very hard their entire life. Unfortunately because of a serious medical condition or due to a combination of medical conditions they can no longer do their job. Surprisingly, when it comes time to applying for Social Security disability benefits, many of these same people are turned down.

Did you know the Social Security Administration has special rules for claimants age 50 or older?   Statistics indicate that an experienced Social Security attorney can argue these rules to help win YOUR disability case. In my experience we frequently obtain an on the record decision when a claimant is over 50, and is unable to perform the type of work he or she has done in the past.

Call for a free Social Security case evaluation TODAY!

Under Social Security rule, if you between 50 to 54 years old, and are limited to unskilled sedentary work, it is presumed you are unable to transition to other work given your age and restrictions. This is an enormous advantage when filing a claim!  The same person age 48 may lose their disability claim at age 48, but can often win it at age 50.

The rules get even better at age 55.  Any claimant limited to unskilled light exertional work is presumed to be unable to transition to other work.  Our office uses these rules to successfully obtain benefits for claimants.  Having a skilled attorney though prevents vocational experts hired by the government to improperly categorize your work history.  It is very important to have an experienced attorney to argue these rules!

If you have been turned down for benefits and are now approaching 50 years of age or older YOU CAN REAPPLY TODAY.  You are NOT precluded from reapplying for Social Security benefits after a denial.  Please contact Minnesota Disability and Thomas Atkinson for a free consultation. 1-800-933-569 or locally contact us at 651-414-0678.  Also visit our website www.mndisbility.com

Applying For Social Security Disability Benefits

Why does someone apply for Social Security Disability Benefits?

There's only one reason to apply for disability. And the reason is...that an individual is limited enough by their condition, or various conditions (mental, physical, or both), to the extent that they can no longer work, either at one of their past jobs, or at any other form of work deemed suitable by the social security administration (based on a claimant's age, work skills, past work requirements, current level of restrictions, and level of education).

That's one way to answer the question. Another way to address the issue, however, is to say this: You can apply for social security disability or SSI disability benefits and potentially win your case no matter what your diagnosed condition is. To some, this may sound strange, but, because of the way the social security administration evaluates and adjudicates disability benefit claims, the specific condition a person has is not nearly as relevant as the limitations that are caused by a claimant's condition.

For example, if disability claimant A files on the basis of having had a heart attack, but claimant A has not had resulting functional restrictions sufficient enough to prevent a return to work, claimant A will probably not be approved for disability benefits. On the other hand, if claimant B has osteoarthritis and the medical evidence demonstrates that claimant B will be unable to return to his former work, or perform any other form of suitable work, then claimant B will probably be approved for disability benefits.

So, in answer to the question, "What are reasons to apply for disability?", the answer is that literally any medical, psychological, or psychiatric condition may qualify you for disability benefits, as long as the condition sufficiently limits your ability to work.

However, on a final note, it should be stated that, according to social security's definition of disability, the inability to work at a former job or perform any other form of suitable work must persist for at least a year, or be be projected to last for at least one year.

When Do I Begin to Recieve My Cash Benefits?

My clients are often surprised to hear that they are not eligible to begin receiving their social security cash benefits until approximately 6 months AFTER they are determined to be disabled. If I’m found disabled why is there any reason to make me wait, they often ask. I am at a lost to answer this question as are those who have been representing claimants for decades.

After an individual is approved for Disability Insurance Benefits under Title II of the Social Security Act, they encounter two waiting periods. First, there is a five month waiting period until cash benefits are paid. The five months, however is more like a six month waiting period in actuality since the five months must be full months. In addition benefits for your first month of disability eligibility are not paid until after the month has ended. For example if you become disabled on January 2, 2008 you cannot count January as one of the five months. The date of first entitlement to cash benefits would be July 2008, but the check would not arrive until sometime in August 2008. In this extreme example, your waiting period is almost seven months.

The second waiting period is for Medicare benefits. This is a 24 month waiting period after the entitlement to cash benefits begins. Thus, the claimant who became disabled on January 2, 2008 would not become eligible for Medicare until July 2010.

The million dollar question is why must they suffer financially during these waiting periods when they are deemed disabled? Clearly there must be some rational explanation. Don’t look for a rational basis or logic when dealing with this issue as you won’t find it! Clients often ask why they have to endure these waiting periods. What is the rationale behind it? Many authors and experts believe that the waiting periods simply save money and I have to agree with their assessment, but it doesn’t make it right!