Can I Collect Minnesota Workers Compensation AND Social Security Disability?

YES you can depending upon why you received workers compensation benefits and why you were awarded social security disability benefits.  We frequently have clients with workers compensation injuries who later qualify for social security disability benefits.  In fact, we use some of the same information and evidence to support both claims. 

The Social Security Administration (SSA) allows for the simultaneous receipt of medical and disability benefits with workers’ compensation benefits.  There is a limit though of up to a maximum of 80% of the employee’s average current earnings (ACE) at the onset of an injured workers disability. The Social Security Administration will, however, “offset” or reduce SSDI payments if the combination of workers’ compensation and social security benefits exceed 80% of the ACE.

The attorneys at Minnesota Disability and Atkinson Law Office have tried hundreds of cases to hearing before BOTH Minnesota Workers Compensation judges and ODAR SSDI Law Judges throughout Minnesota.  We have a dedicated and experienced support staff waiting to assist you with your claim.  With over 20 years experience each in working with injured and disabled claimants, we are here to help.  There is NEVER a fee unless we recover benefits for you.

Attorney's Tom and Kerry Atkinson provide personal experience to you with your cases and can assist you with the coordination of your benefits.  Call today for a free consultation.  651-333-3636 and visit our website for additional information today.  www.mndisability.com

How Do I Testify At My Social Security Disability Hearing?

In short; truthfully!  This is probably your last chance to convince a office of disability and review (ODAR) judge that you are able to perform sustained gainful employment.  This is not the time to be too proud or boastful due to embarrassment.  I have watched disabled clients who are simply too proud to admit how tragically difficult their lives have become, how little they can help out at home or how close they are to becoming homeless due to their inability to work.  Your hearing is NOT the time to impress others (ODAR judges) about how great your wish your life was or is.

Tell the truth!  If you eat peanut butter and jelly sandwiches because cooking is too painful tell the judge and your doctors.  If you wear the same clothes for weeks on end because it's too painful to walk up or down the stairs to wash laundry, tell the judge and your doctor.  If you lay in bed with the lights off wishing that you were dead, tell the judge and your doctor.  Your life is not being judged, your success or failures are not being judged, YOU are not being judged.  Only the nature and extent of your disabilities will be judged.  Tell the truth, the whole truth and please know that thousands of others are in the same shoes as you.

At Atkinson Law Office and Minnesota Disability we will help you with your social security disability claim as much as possible.  We can help you from the initial application all the way through your hearing.  Unlike the vast majority of law firms and agencies, you will also work with licensed and experienced social security disability attorneys rather than clerks, secretaries and receptionists.  Please call us today to discuss your possible social security disability claim.  Please call today for a free consultation; 651-333-3636.  We represent client across the entire Midwest including, Minnesota, Wisconsin, North Dakota and Iowa.  At Minnesota Disability we are prepared to served injured and disabled workers.

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!