Can You Qualify For Both Unemployment And Social Security Benefits?

August 5, 2021 by

The pandemic caused millions to lose their jobs or simply stop working when businesses shut down. Those who could work from home, but others with non-desk jobs had no choice but to leave and take unemployment.

Now that more shutdowns may be on the horizon, more people may be back on unemployment. But if you were also receiving Social Security benefits, you may be wondering how this will work. Can you get both?

Can You Qualify For Both Unemployment And Social Security Benefits?

It sounds odd, but you can, if you meet all of the criteria for Social Security. However, it’s not as easy as it sounds.

Basics

First, unemployment insurance (UI) does not prevent you from receiving Social Security benefits. Earned wages and income from work are what’s considered “income” and counted against the income limits. Unemployment benefits are not counted as “income” under Social Security’s guidelines.

However, UI is handled on the state level, much will depend on the state’s rules. In Texas, you’ll need to speak with the Texas Workforce Commission to find out exactly how the Lone Star State handles UI with Social Security.

At one time, most states reduced the amount of unemployment paid to older workers who also received Social Security. Illinois, Louisiana, Minnesota, and South Dakota still reduce the amount of UI without complete disqualification. In other states, these laws have been largely eliminated.

Qualifying

To apply for Social Security benefits, you must be at least 62 and have a qualifying work history. You must also be:

  • A U.S. citizen or a permanent legal resident of the United States with a documented residency period
  • Show a 10-year work history and have at least 40 work credits. Credits are earned after earning a minimum income level each quarter
  • Not specifically barred from program participation, such as railroad workers whose pension plans opted out of Social Security on their behalf
  • Disabled
  • The retired spouse, surviving spouse, or dependent of a program participant

Social Security Disability Insurance, or SSDI, may disqualify you from unemployment insurance. By receiving disability, it means that you are too disabled to work, and therefore, ineligible for UI.

You can apply for unemployment at any time online through your state’s agency website (such as the Texas Workforce Commission above.) In states other than the above ones, you will not be required to disclose Social Security payments, although it’s suggested that you should mention it to someone you speak with to ensure that everything is in order.

Both Social Security and UI have income limits on what you can bring in before a reduction in your benefit amounts.

Social Security vs. Unemployment Insurance

While it is possible to get both, remember that UI is short-term while Social Security is long-term.

During the pandemic, unemployment benefits were extended and enriched, helping many people make ends meet while they were out of work.

When the full force of pandemic shutdowns happened, many people from 62 to 65 who found themselves unemployed began applying to receive Social Security. While this may help in the short term, in the long term, your lifetime payments are reduced.

But waiting until your full retirement age, whether 65 to 67, depending on your birth date, will ensure that you receive 100% of your earned retirement benefits. If you wait until age 70, you’ll receive even more.

Rescinding Your Social Security Benefits

If you decided to begin taking Social Security while unemployed and change your mind later, you can withdraw your application for benefits until a future date. Here’s how it works:

  • You must file to rescind within 12 months of receiving Social Security
  • You must repay all benefits received, including family benefits
  • You can only do this one time

The advantage is that your application will be an “annulment” for your original start date, and you can continue to work and contribute. Your benefits will grow over time, and when you turn 70, you’ll automatically receive Social Security at a higher rate.

Call Us For Help With Social Security, Disability, And Other Claims

We’re experienced in handling all types of benefit claims and have helped more than 4,000 Houstonians get the benefits they need. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.

 

Filed Under: Social Security Disability Tagged With: , ,

Best Way to Fight to Get Approved for Social Security Disability Benefits

June 17, 2021 by

Getting approved for Social Security Disability (SSDI) is a long and difficult process. The application process is confusing and complex, and the risk is high that you’ll do something incorrectly. If you’re in the middle of trying to get SSDI, expect to get at least one denial.

Best Way to Fight to Get Approved for Social Security Disability Benefits

You may be told that Social Security denies everyone’s application for Social Security Disability, but that’s not entirely true. However, over two-thirds of applicants see their initial application denied. Frequently, these denials are for avoidable reasons. What’s the difference?

Main Reasons For Denial

During the application process, it’s important to show that you are disabled, unable to work, and need help. You must demonstrate that you are unable to work, or complete any “substantial gainful activity.” Your condition must also last longer than 12 months or end in death. The reasoning is that a shorter period for something non-fatal like a broken leg isn’t a “disability.”

There are three main reasons that Social Security will deny your disability claim:

  1. Insufficient work credits or other technical details (i.e., an incorrectly completed application)
  2. Medical reasons, such as insufficient medical evidence or your condition is not considered “disabling” or that your condition won’t last longer than 12 months or end in death
  3. Non-medical reasons, such as making too much money

If you are denied, do not give up. You do have options.

Fighting For Your Benefits

“Fighting” may be a strong word to use, especially if you can’t work for whatever reason. But if you’re disabled and can’t work, it’s important to show Social Security that you are disabled.

Don’t fall into the mindset that all you need is medical evidence to prove your disability in order to get benefits. There’s more to it than that.

The first thing a claims examiner needs to see is sufficient evidence that supports your doctor’s statements and assessment of your disability as well as the statement that you are disabled. Without it, there is no proof that you’re truly disabled.

Because claims examiners see so many applications every day, it’s important to have a claim that correctly and truthfully shows your diagnosis, prognosis, as well as your functional limitations. This is a list of the things that you are unable to do because of your disability and diagnosis. Without it, an examiner will believe that you have no functional limitations, and are capable of working.

In addition to proper medical evidence, you’ll also need to keep abreast of deadlines, ensure that any requested documentation is included with your application and that your application is even received. You should also call and check the status of your claim so that it isn’t ignored.

When sending anything to Social Security, consider sending it “certified” along with the “return receipt requested.” It costs extra and is a bit more trouble. But you can not only prove that you sent it, but that someone at Social Security received it.

When Should You Apply?

Submit your application as soon as you become disabled. There is no waiting period. The longer you wait, the more money you could lose, since Social Security will only pay you up to one year prior to your application. You can apply the day you become or declared disabled. Therefore, if you are disabled, apply immediately.

Initial applications can take three months or longer for a decision, but appeals may take months (or even years) due to the backlog of cases.

It also means that the other one-third of applications are approved on the first try and don’t need anything else.

Hiring An Attorney

One way to increase your chances of getting approved either with your initial application or on appeal is to work with an experienced disability attorney who understands how to file an application and navigate Social Security’s process.

A disability attorney can help with your initial application, gather medical records, verify your eligibility through work credits, assist with an appeal, and ensure that everything is done correctly in either case.

Because disability attorneys work on a contingency fee basis, you won’t owe a fee until your case is won. Additionally, the fee comes from your “back pay,” and is limited to 25% of your back pay or a maximum of $6,000. Social Security will also pay your attorney directly if you have “back pay” benefits.

While an attorney can’t guarantee success, having one greatly increases your chances of success either on your initial application or with the appeal.

Houston’s Social Security Attorney

Whether you’re applying for social security disability through Social Security, the laws are complex and the process difficult to maneuver. With an experienced disability law firm to help, you can get your application completed right the first time, and have a better chance of being awarded the benefits you deserve.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

 

Filed Under: Social Security Disability Tagged With: , ,

The Five Top Reasons You May Be Denied Disability Benefits in Houston

May 25, 2021 by

Applying for disability benefits is a long-term and complicated process. Even if you believe you’ve done everything correctly, you may still be denied disability benefits.

The truth is, out of the millions of applications submitted to the Social Security Administration, a full 70% of applicants see their initial application for disability benefits denied. But in order to increase your chances of being in the 30% that are approved, it’s important to understand why the other 70% are denied.

The Five Top Reasons You May Be Denied Disability Benefits in Houston

Incomplete Medical Evidence

It’s one of the most important parts of your application, and yet many people don’t submit enough. You’ll need to show substantial medical evidence from your doctor, hospital, or another healthcare provider that demonstrates your inability to work, and how your condition prevents you from working.

The medical evidence from your primary treating physician provides the full story on your condition. During your visits, it’s important to discuss your inability to work with your doctor so that it can be documented in your records. Even if you are sent to a medical exam by Social Security, chances are one exam will not be enough to demonstrate disability.

Additional documents such as documented missed work time and doctor’s notes excusing you from certain types of work are also useful to submit with medical records.

Not Following Medical Advice Or A Treatment Plan

Even if you are seeing a doctor for your condition, you must show that you are consistently following a treatment plan. Without it, the evidence of your condition is inconsistent and doesn’t show if your condition is improving or worsening. It also may indicate that you are unwilling to cooperate with treatment. If there is a legitimate reason why you are unable to continue treatment, you can mention it in a hearing. In this case, you should discuss your case with a disability benefits attorney beforehand, and have them represent you in the hearing.

Earning Too Much Income

Some applicants may still be working and are earning more money than the limit for substantial gainful activity (SGA). In other words, someone who earns more than $940 a month is making more than disability pays. Social Security only approves applications for benefits to people who are unable to work. In this case, you’ll be denied disability benefits whatever the severity of your condition.

Not Cooperating With SSA

The Social Security Administration may contact you to ask questions or to request additional documentation. If you don’t supply all the requested information, don’t attend a scheduled medical exam, or attend a meeting with the SSA, your application will be denied.

You can prepare ahead of time with a full listing of what you’ll need to apply from the SSA’s website.

Filing A New Claim After Denial

Many people will simply re-file their application after they receive a disability benefits denial letter, only to be denied again. Without understanding why the original claim was denied, the new claim is also denied.

Don’t re-file your application. Your denial letter will indicate your right to appeal, and how to file one. You may benefit from a consultation with a disability benefits attorney who can advise you on the appeals process.

The Next Step—Appeal

If you’ve received a denial letter, don’t give up. You have the right to appeal, so use it.

There may be other reasons for denial as well. It’s important to file your appeal as soon as you can, following the instructions given by SSA.

Because the process can take a significant amount of time, you don’t want to have your claim denied on appeal. Instead of leaving your appeal to chance, working with a disability benefits law attorney can increase your chances of approval on appeal. The important thing is not to give up and get help this time.

Call Us For Help With Your Disability Appeal

We’re experienced in handling all types of disability claims and have helped more than 4,000 Houstonians get the disability benefits they need. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.

Filed Under: Social Security Disability Tagged With: , ,

SSDI Changes For 2021—What You Should Know

April 26, 2021 by

Every year the Social Security Administration updates the program to accommodate those on the program and those joining. In 2021, there are multiple changes to everything, including a 1.3% cost of living adjustment (COLA) for those receiving Social Security monthly.

For individuals on Social Security Disability Insurance, or SSDI, there are also changes that include a slight increase in monthly benefits.

If you’re eligible for SSDI, understand that the amount you receive is based on the amount of money you earned in your life prior to the disability. You can apply for it if you worked long enough and earned enough “credits” over your lifetime.  It is not based on the severity of your disability.

SSDI Changes for 2021. What you should know

Benefit Increase

The average SSDI payments are generally between $800 and $1800 monthly, and the average monthly benefit is $1,277. The 1.3% raise also applies to SSDI benefits.

SSDI benefits range from $100 and top out at $3,148. In 2021, the monthly benefit payment for a non-blind is $1,310, and for a blind person is $2,190.

Increase In Earnings

A non-blind applicant for disability must be making less than $1,310 per month to receive SSDI, an increase of $50 a month and $600 annually. A disabled worker with a spouse and one or more children can receive $2,224 monthly, an increase of $29 from last year.

A blind applicant can earn up to $2,190 monthly, an increase of $80 per month and $960 annually.

Earning more than these amounts will lead to a disqualification since it becomes “substantial gainful activity,” or SGA.

Individuals who want to try going back to work may be allowed to do a trial work period (TWP), in which they can return to work on a part-time basis. However, there is a limit on allowable earnings during the TWP. The maximum you can earn during a TWP has increased to $940 per month for 2021.

Back Pay

Applying for and receiving disability is a long process that can take a considerable amount of time. Three factors figure into the amount of back pay you may receive:

  1. Your date of application for SSDI benefits
  2. The date you became disabled, or “established onset date” (EOD), when your disability began
  3. The five-month waiting period prior to your “date of entitlement,” or DOE

Once an EOD is established, there is a five-month period before SSDI payments begin. All back pay and any retroactive payments are paid in a lump sum.

Houston’s Social Security Attorney

Whether you’re applying for Social Security or Disability through Social Security, the laws are complex and the process difficult to maneuver. With an experienced disability law firm to help, you can get your application completed right the first time, and have a better chance of being awarded the benefits you deserve.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Filed Under: Social Security Disability Tagged With: , ,

Disability Income Protection In Texas

March 8, 2021 by

Dealing with creditors can be a difficult experience, especially if you’ve recently become disabled or have had an event that caused you to fall behind on your bills. Should a bill go as far as being sent to collections, you’ll also receive calls from debt collectors, including agencies.

Disability Income Protection In Texas.

Occasionally, debt collectors make statements intended to strike fear in someone to force them to pay up. For someone on disability, this can be particularly menacing. Don’t let them intimidate you.

In most cases, if a creditor or debt collector tells you that they will “take your disability check,” it’s a scare tactic.

But there are occasions where past-due debts can be taken out of your disability income, under certain conditions.

Social Security Income

Federal law prohibits Social Security disability payments from garnishment.

In every case, a debt collector must go to court and file a lawsuit, then obtain a judgment for the money. Your bank would then be required to turn over the money, known as a “garnishment.” But if you receive certain types of income, they are not allowed to do so.

Certain benefits are exempt by federal law from garnishment, including:

  • Social Security
  • Supplemental Security Income
  • Veterans benefits (including disability)
  • Federal Railroad retirement, unemployment, and sickness benefits
  • Civil Service Retirement System benefits
  • Federal Employee Retirement System benefits

The US Treasury requires your bank to automatically freeze two months of these benefits and keep them for your own use. However, anything over that two-month threshold is accessible, meaning that a creditor can access the rest of it.

Your Bank

Debt collectors are forbidden from taking your disability payments directly out of your bank account or remove it from a prepaid debit card. Despite the rules, many still attempt to do so.

Your bank or credit union is required to protect two months of that income from garnishment for your use. This means that if your monthly disability payment is $1500, and your bank balance is $4,500, the bank is only required to protect $3,000, or two months of payments. The additional $1,500 can be made available to creditors.

Banks are required to review accounts prior to garnishment to ensure that Social Security payments have been deposited and are not garnished. Should a creditor or debt collector attempt to collect from your disability payments, you may have to go to court to get it returned. If you are sued by a creditor that collects from your bank account, make sure to notify the judge that the money is from Social Security and is exempt.

If you are one of the many recipients who receive benefits on a Direct Express or other prepaid debit card, they are still protected from garnishment just as if they were in a bank account.

You can write an “anti-garnishment letter” to your bank stating that your income is exempt, including your name, address, and account number. Mail it to your bank certified, return receipt requested, or hand-deliver to the appropriate person at our local branch.

Adding disability monies into a bank account with other funds may render it accessible to a creditor. It may be wise to have a separate bank account just for your disability income payments and avoid comingling the disability funds with any other monies.

Long Term Disability Payments

In most states, private disability payments are also protected, because they do not allow creditors to take this income. Federal law can also protect some or all private LTD payments.

The Consumer Credit Protection Act (CCPA) protects 25% of “disposable earnings”—what’s left after deductions—from collection actions or the amount by which wages exceed 30 times the minimum wage, whichever is lower. States are also required to this amount as a minimum, although some protect higher amounts.

Exceptions

Some debts are allowed to be garnished from Social Security Disability income, including:

  • Child support
  • Overdue or defaulted student loans
  • Back taxes
  • Other monies owed to the federal government

Similarly, child support and back taxes can be garnished from LTD payments. However, if you receive SSI, these benefits can’t be garnished for these reasons.

Houston’s Disability Attorney

If you need help with your SSDI, it helps to have an experienced disability law firm to answer your questions.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Filed Under: Social Security Disability Tagged With: , ,

Social Security Disability Compassionate Allowances In Houston

January 11, 2021 by

Becoming ill with a serious illness can quickly become life-changing, especially if you are no longer able to work, or medically advised not to. Many types of illnesses that develop over time can suddenly show symptoms long before you realize something is wrong. At that point, it becomes obvious that you need to begin your application for disability.

Social Security is well-known for its long application and examination period for approval. Many applicants must go through the appeals process in order to be awarded benefits for disability. It may be months before you begin receiving benefit payments, depending on a number of factors.

Social Security Disability In Houston

However, if your illness is one of a series on a list for compassionate allowances, the waiting period may be considerably less.

The Compassionate Allowance

Social Security has a list of 200 conditions that will qualify you for benefits nearly immediately. Applicants who have one of these serious conditions can be processed faster, especially if they include medical documentation.

Indicating that you have one of these conditions is enough to move your application into the fast-tracked category. With a small amount of medical documentation, your award decision could come within days or weeks, not months or years.

Once you’ve established that you have one of these 200 conditions, you’ll be automatically qualified for disability benefits.

Review the list to see if you have an included condition. Not every serious illness is on the list, and some require a certain degree of progression before they are fast-tracked.

Conditions That Qualify

The list of included conditions contains illnesses such as:

  • ALS (Lou Gerig’s Disease)
  • Early-onset Alzheimer’s Disease
  • Non-Hodgkin’s Lymphoma (Adult)
  • Inoperable breast and bladder cancers
  • Esophageal cancer
  • Gallbladder cancer
  • Lewy Body Dementia
  • Kidney and liver cancers
  • Ovarian cancer (inoperable)
  • Peritoneal Mesothelioma
  • Transplants, such as kidney, lung, heart, and liver

These are just a few of the conditions on the agency’s list.

SSA has also added these new and rare conditions to the list for 2020:

  • Secondary Adenocarcinoma of the Brain
  • Desmoplastic Small Round Cell Tumors
  • Nicolaides-Baraister Syndrome
  • Rubinstein-Tybai Syndrome
  • GM1 Gangliosidosis – Infantile and Juvenile Forms

HIV/AIDS is not included on this list and is covered by a separate process called a Presumptive Disability.

Some conditions qualify as a “presumptive” disability and allow claimants to begin collecting disability benefit payments even before Social Security makes a determination.

While benefits may start within a shorter period of time, claimants still must wait 24 months after the date of onset to begin receiving Medicare.

The Key: Medical Evidence

As with any kind of disability application, you must show SSA that you at least have been diagnosed with a serious illness before being approved.

It’s not enough for you to tell Social Security that you have one of these illnesses. You’re required to prove it with solid medical evidence. Attaching test results and/or a written diagnosis to your application can also accelerate the process.

Because having a condition under Compassionate Allowances is a near-automatic qualification, examiners contact doctors and other providers directly, usually by phone. This cuts down the waiting time for the required information.

Once Social Security has sufficient medical information to prove that you have a qualifying disorder, benefits should start between a few weeks and two or three months, on average.

Let Herren Law Help You With Your Disability Claim

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Filed Under: Social Security Disability Tagged With: , , ,

Disability Cost Of Living Increases?

December 28, 2020 by

Receiving a disability benefit is intended to replace the income that you would otherwise receive from working. Much like a salary or an hourly wage, most people experience an increase as the cost of living rises.

Some benefits do receive cost-of-living increases due to inflation. Without it, there would be no protection from the effects of inflation, leaving recipients with a substantial decrease in purchasing power. This includes these programs from Social Security:

  • Old-Age
  • Survivors
  • Disability Insurance

They are collectively known as OASDI. Disability benefits also see an occasional small cost-of-living adjustment (also called COLA).

Disability Cost Of Living Increases?

Calculating The COLA

COLA increases are determined in two steps to establish if a COLA is warranted for the year.

First, The Department of Labor’s Bureau of Vital Statistics does a yearly assessment of the Consumer Price Index Urban Wage Earners and Clerical Workers, known as CPI-W. This number represents the change in what people pay for goods and services over time.

The Social Security Administration reviews the third-quarter CPI-W rate (July, August, and September) from the year when recipients were last given a COLA increase. Social Security then compares that number to the current year’s third-quarter CPI-W. if there is an increase of at least .01% in the CPI-W, recipients begin receiving a COLA increase in the following January. If the number is less than .05%, or the CPI-W decreased, no COLA is given.

COLA is an automatic raise, so recipients don’t have to apply for or request anything.

The COLA for 2020 is 1.6% for both Social Security and SSI benefits. This translates to $12 for an individual and $18 for a couple where both are eligible.

The average increase for SSDI recipients averages about $20, but the total will ultimately depend on a person’s lifetime earnings.

 2021 COLA

The current planned COLA for 2021 is 1.3%, representing the recent lower rate of inflation. This will increase monthly checks by:

  • $20 per month for the average retired worker
  • $33 per month for the average retired married couple
  • $16 per month for the average disabled worker
  • $137 per month maximum for the person retiring at full retirement age

There are similar raises planned for individuals who receive SSI.

Emergency Social Security COLA for 2021 Act

Shortly after the COLA announcement, two lawmakers have proposed an emergency raise to 3% for recipients due to COVID-19. Co-sponsors Rep. Peter DeFazio, D-OR, and Rep. John Larson, D-CT introduced House Bill 8598. If approved, it is intended to give recipients a 3% increase in monthly benefit to help offset the extra expenses due to COVID-19.

New Jersey congressmen Chris Smith and Jeff Van Drew have introduced a similar bill (H.R. 8600, The COVID-19 Emergency Social Security Cost of Living Increase Act of 2020 ) that would not only raise the COLA for 2021 to 3%, but would guarantee that subsequent COLAs would be no less than 3%.

H.R.8600 would also change the formula for calculating the COLA from the current CPI-W to a “Senior CPI,” which takes into account the expenses that are more common to seniors.

Neither bill has any additional action since its introduction into the House.

Let Herren Law Help You With Your Disability Claim

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

 

Filed Under: Social Security Disability Tagged With: , ,

Mental Disorders and Social Security Disability in Houston, TX

December 3, 2020 by

Mental illness and disorders can mean a range of symptoms as well as one or more types of conditions. Mental disorders don’t have visible symptoms like an injury and aren’t easily diagnosed like cancer or heart conditions. Therefore, it’s much more difficult to diagnose and prove.

Mental Disorders and Social Security Disability in Houston, TX

 

Social Security does recognize mental disorders as a disability. Nearly nine million individuals receive Social Security Disability in the US, and an estimated 32% are receiving disability for mental disorders. However, the burden of proof can be more complex than it is for physical conditions.

Types Of Disorders

Social Security has a list of mental conditions for which they will award disability benefits in their “blue book.” Divided by sections, the listing includes:

  • Neurocognitive disorders (02)
  • Schizophrenia spectrum and other psychotic disorders (03)
  • Depressive, bipolar, and related disorders (04)
  • Intellectual disorder (05)
  • Anxiety and obsessive-compulsive disorders (06)
  • Somatic symptom and related disorders (07)
  • Personality and impulse-control disorders (08)
  • Autism spectrum disorder (10)
  • Neurodevelopmental disorders (11)
  • Eating disorders (13)
  • Trauma- and stressor-related disorders, such as PTSD (15)

Some conditions may not exactly meet the criteria of Social Security’s definitions. However, if you can prove that your condition prohibits you from doing even a simple and unskillful job due to brain-related disorders, psychiatric or emotional problems, you may still be able to receive benefits for disability.

What It Takes To Get Benefits

Applying for Social Security Disability can feel like a major undertaking, and it can be. But it’s important to ensure that your application is complete so that your chances of approval are better.

In addition to filling out your application, you’ll need to include:

  • Your diagnosis and the reason(s) why you can’t work
  • Complete medical records
  • Names and contact information of your healthcare providers:
    • Doctors
    • Hospitals
  • List of upcoming medical appointments
  • Treatment plans you have been prescribed and following

Social Security will investigate everything they have been given, so it’s important to ensure that the information is accurate and complete.

Why Applications Are Denied

Some of the primary reasons for denial include:

  • Not enough medical evidence
  • The previous denial—if you’ve been denied before, file an appeal on that case rather than starting over.
  • An incomplete or improperly filled out application
  • Income—you can’t earn a considerable amount of money
  • Not getting and following medical treatment
  • Not cooperating with SS caseworkers while your claim is being worked

One estimate indicates that a full 70% of SSD applications are denied on the first try, but it’s important not to give up. Social Security has an extensive system of appeals with detailed guidelines that you can use to increase your chances of approval.

If the application or appeals process is more than you can handle, consider speaking with an experienced disability attorney in Houston. Having an attorney help you through the process can make it easier and increase your chance of winning your claim and receiving the disability benefits you need.

Need Help With Your SSD Application Or Appeal? Call Herren Law Today

Mental illness is particularly difficult, especially when it impacts your life. If you’re unable to work because of a mental disorder, let us help you with your application for Social Security Disability. We can tell you what you need and how to go about applying. If your claim is denied, we can also help you with an appeal.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Filed Under: Social Security Disability Tagged With: , ,

What Are Some “Bad Faith Insurance Claims Practices” That Might Occur In Houston?

November 6, 2020 by

You got long-term health insurance for a reason. Whether you bought the policy on your own, or you acquired it through your employer, the idea was to have some financial protection in place should you become unable to work. Despite paying premiums, providing documentation, and answering all their questions, you still don’t have what you need, and what you were assured you would have.

What Are Some "Bad Faith Insurance Claims Practices" That Might Occur In Houston?

If you’ve ever had the experience of an insurance company that treated you well while you were making payments, but changed significantly when you filed a claim, you’re not alone. Whether it’s auto insurance, life insurance, or long-term disability, bad faith practices are universal.

How Bad Faith Is Used

The term “bad faith” refers to any insurer’s tactics that back down on its obligation to customers when one files a claim against their policy. This can take the term of stalling, or taking a very long time to process a policyholder’s claim, or outright denying their claim. Both are intended to avoid paying legitimate claims to a policyholder who has faithfully paid premiums according to the policy’s terms.

You may not realize at first that your insurer is actively working to deny your claim. Over time, you may start to wonder what’s going on, especially when you begin looking for answers and have none.

How They Do It

Common bad faith practices by insurance companies include:

  • Failing to acknowledge the receipt of a claim
  • Delaying action without an explanation
  • Requesting unnecessary or excess documentation, then claiming “failure to submit” as a reason to deny the claim.
  • Misrepresent a policy’s language to avoid paying a claim
  • Delay or failure to investigate your claim
  • Fail to disclose a policy’s exclusions and limitations to a policyholder before purchase,
  • Make unreasonable demands of the policyholder to prove that their loss was covered under the terms of their policy.
  • Failing or refusing to explain why a claim was denied
  • Withholding important claim information
  • Attempting to settle a case for less than a fair amount
  • Inappropriate premium increases
  • Advising a policyholder not to hire an attorney

These are just some of the ways an insurance company might attempt to dissuade you from making a claim or encourage you to give up.

What Texas Law Says

Should you discover that your LTD insurer is engaging in bad faith tactics, you do have the law on your side.

All insurance policies and contracts in the state of Texas include the implied covenant of good faith. That is, the insurance company is required to treat you fairly and honestly, even if it isn’t included and written into the policy. If the insurer fails to abide by this covenant, they have committed “bad faith,” and can be sued once you’ve gathered adequate proof.

Both Chapters 541 and 542 of the Texas Insurance Code disallow insurance companies from “unfair or deceptive acts or practices in the business of insurance.”  If you sue your insurer and win, you could possibly collect as much as three times the amount of your actual damages.

For help with a bad faith LTD insurer, it’s important to work with an attorney who understands disability cases and how to turn them in your favor.

Has Your LTD Insurance Company Shown You “Bad Faith?” Call Herren Law

The last thing you need when you’re applying for long-term disability is an insurance company playing games. “Bad faith” can take many forms, leading to one thing—not paying you. Don’t give up. We can help you fight back.

We’ve helped over 4,000 Houstonians have received their LTD benefits. The Herren Law Firm can help you with your application, appeals and help you through the process, and give you one less thing to worry about. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees.  We only collect if we win your case.

Filed Under: Social Security Disability Tagged With: , ,

What Happens At A Disability Hearing In Houston?

October 27, 2020 by

Your first encounter with a disability hearing may be intimidating. It can be awkward discussing your life with complete strangers who are deciding whether or not you are qualified to receive a disability.

If this is your first time dealing with Social Security in person, understand that it’s not the same as appearing in court. Although the hearing is important, it’s an informal hearing, and usually doesn’t last longer than an hour. The hearings are not open to the public as a court case is, and anyone with you (other than your attorney) is required to wait outside.

What Happens At A Disability Hearing In Houston?

This hearing is to determine the extent of your disability, and if your disability prevents you from working. The judge will ask questions to get a better idea of your condition. It’s important to answer the questions honestly and thoroughly, but don’t exaggerate or lie about anything.

What Questions Will They Ask?

Because the hearing revolves around what you can and can’t do, and why you can’t work, expect the questions to be focused on those points. You’ll likely be asked questions such as:

  • Are you working currently?
  • Why can’t you work?
  • What was your last job, and what were your responsibilities?
  • Have you tried working since you became disabled?
  • What type of formal education do you have?
  • Do you have any vocational training?
  • Where else have you worked in the last 15 years? What were those job responsibilities?
  • Do you have any problems getting along with coworkers, supervisors, customers or clients?
  • How much can you lift at one time?
  • How long can you walk, sit, or sit before you require a break?
  • How often do you need to take a break?
  • Do you have difficulties with concentration or remembering anything?
  • What effect does your disability have on your daily activities?
  • What activities do you do?
  • How does your disability affect your ability to take care of yourself?
  • What have you been diagnosed with?
  • What medical treatments have you had?
  • Are there any side effects to these treatments?

These are just some of the types of questions you may be asked. Of course, it’s important to be ready for any of these questions as well as others.

Being Prepared For The Disability Hearing

The time leading up to the hearing can be downright nerve-wracking, leading to rambling and over-answering a question—or saying something you shouldn’t. Avoid this possibility with some pre-hearing research and rehearsal.

Spend some time reviewing:

  • Your case file
  • Medical and Job Worksheet (Form SSA-3381), filled out before your application for disability
  • Your most recent medical records
  • Statements and expert medical opinions from family members, friends, coworkers and supervisors, as well as your doctor or any doctor you’ve seen regarding your condition (such as a neurologist or orthopedic surgeon.) These statements should describe your disability and how it affects you daily.

You’ll also need to provide copies of your medical records and medical opinions to the judge prior to the hearing. Keep copies for yourself as well.

Make notes using the above questions, as well as any your disability attorney might mention before the hearing. And of course, take these documents and notes along with you to the hearing.

Houston’s Disability Attorney

A disability hearing can be daunting, but it doesn’t have to be. Having an experienced disability lawyer can make the hearing—and the process—easier for you. If you are unfamiliar with the system and don’t get help, a judge can make decisions based on their own opinion, leaving you with no options for challenging them.

Let The Herren Law Firm in Houston, TX assist with your application, appeals, and records gathering to prove your case, and help win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

 

 

Filed Under: Social Security Disability Tagged With: , ,
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