However, employers won’t Does Bipolar Disorder Qualify Me for Social Security Disability? Typically, a request for a hearing is dismissed for one of the following reasons: There are two things to keep in mind as you read the first pages of the decision. I couldn’t have done it without these amazing people and thanks This is done by a decision writer at the hearing office. I had no idea that it’s considered a mistake when one does not hire a social security disability attorney for his/her case. You can also call 1-800-772-1213 to check the status of your claim. Scott D. Lewis is proud to offer free consultation to any and all who believe they may need legal assistance. If the plaintiff's version is found credible, the jury will enter a verdict for the plaintiff. Many claimants may be severely disabled and not have enough work credits for SSDI but have too much income or resources for SSI. Hi, I’m Sharon Christie your nurse attorney for Social Security Disability Benefits. Fortunately, any time that passes between approval and your first benefit payment should be reflected in your back pay. Do not show up late to your Social Security Disability hearing, or worse, not show up at all. There are special deductions you can claim, and ways to declare the income over several years. The agency maintains a list of conditions that are considered disabling, and your medical records will need to include evidence that you have one of these conditions or another condition that's equally as disabling. A one dollar Having a lawyer file your claim makes you 2x more likely to get benefits on your first try. Of course, your benefits will increase annually if there’s a cost-of-living adjustment (COLA). We always have to wait until we see the actual decision before you get to you to a hearing. Generally, if your health hasn’t improved, or if your disability still keeps you from working, you’ll continue to receive your benefits. If you’ve filed for social security disability and know that you have a legitimate case, it can be frustrating to have to wait for a decision. We’ll ask you about how your medical condition affects you and whether it’s improved. Your Social Security number is the most important piece of personal information a bank needs when extending you credit or opening an account. We’ll also ask you to . The likelihood of winning a disability case depends on several factors, such as-- 1) Your medical history. In a SSD or SSI case there is a great deal of waiting involved and people want to know what is going on with their case and how long they will have to wait for a decision. Filed under:Appeals Process, Hearings Process || Tagged under: alj, decision, hearing, odar The definition of disabled, according to Social Security, is that you have severe limitations from your health problems that keep you from doing any kind of work for at least 12 consecutive months. We believe in client education: The Social Security Disability process is confusing. At Sharon Christie Law, we recognize that no one ever plans to get so sick that they have to stop working. After your claim is approved, you must give Social Security instructions on how you want to receive benefits -- either by check or direct deposit (direct deposit is required for disability applications begun after May 1, 2011). The decisions have a lot of information in them, and it can be hard at first glance to figure out what’s important. We understand the role these benefits can play in providing for your family, and know what the SSA needs to see before it approves you. If you are disabled and unable to work, you know what a highly stressful and emotional time this is in your life. We are with you every step of the way. In short, a partially favorable decision is one in which the judge found that you are (or were) disabled for some of the time since your alleged onset date, but not for all of that time. See SI 01110.600 . If that happens, your monthly payments won’t start until after you complete your SSI interview. This interview typically happens about a month after your claim’s approved at your local Social Security Administration (SSA) office. This provision applies to SSI recipients who have received Social Security disability benefits for at least 24 months. I was denied and filed an appeal.. at that time the judge basically called me a liar and denied me ssi. Author: lawyeradmin. If you live in a foreign country, you won’t be automatically signed up for Medicare even if you’re already receiving Social Security or railroad benefits. With that number, a thief can get credit cards or loans. If you have not yet received approval for your Social Security Disability (SSD) benefits, it is difficult to know when you may gain approval and get your back pay. If you should live well into your 80's, you are giving up anywhere from $50,000 to $150,000 in additional income by making a hasty decision about collecting your Social Security benefits. This information can get confusing so make sure you read it carefully and know what you have to prove to win. How do I know where to file my case? This process can last several months or drag on for a year or more. Or your case may be moving rapidly does that mean you’re going to win? Why my case was remanded back to a alj ? I use this approach in every case in my office and I am always able to fit the facts of any particular case into one, two or all three of these arguments. To get disability benefits for you, we must prove that your disabling condition causes severe limitations in your day to day activities. When your Social Security disability application gets approved, more often than not the time it took to get approved took quite some time. If one of our attorneys at the Disability Advantage Group is representing you for your disability case, you can always call 865-999-0962 and speak to your lawyer directly for the status of your claim. Well every once in a while at the end of the case before we’ve left the judge will tell us what he or she is going to do that they’re going to find you disabled but that’s pretty rare and that’s obviously a sign that you’ve won your case. If you or someone you know is looking to apply for Social Security Disability Benefits contact Sharon Christie Law today. Call us today at 412-661-1400 to schedule a time to discuss your claim with one of our Pittsburgh Social Security disability lawyers for free. Notice of Decision – Partially Favorable:  This decision is typically mostly good news, but not always. An individual’s financial situation and the amount of a settlement will determine the best way to protect SSI and Medicaid eligibility. The good news is that it won’t take anywhere near the time that you probably waited for a favorable decision. In the video below Sharon Christie, a social security disability benefits lawyer, answers the age-old question what are some signs that I am going to win my Social Security Disability Benefits Case? Make sure that you allow plenty of time to get to the court and try to arrive at least 15 to 20 minutes prior to the time your hearing is scheduled for. If you received a “partially favorable” decision, it could mean one of two things: Notice of Decision: Unfavorable: This decision is bad news. Social Security defines disability in children. As the first paragraph of the decision tells you, another part of Social Security will review the “non-disability” requirements; that is, whether you still have enough. How long does it take to file for SSD or SSI? My disability is listed to have started 10/07, what does that mean. Free Case Review. The four levels are: • Reconsideration — Your case is independently reviewed by An ALJ also issues a favorable decision when the claimant agrees at the hearing to change his or her alleged onset date or to accept a closed period of disability. 3 Ways to Keep Your Social Security Number Safe . page contents First, is the child working at substantial gainful activity (SGA) level.If the child is working the claim for child's SSI will be denied. In my job as claims examiner, I saw applicants time and again who hadn't been to a doctor in months, or would only see a doctor every four months. When you open the lid, the battery LED inside the charging case is red, yellow, or green to indicate the current battery status of the earbuds. Therefore, The ALJ only has the authority to find that you meet the medical guidelines for disability. Everyone wants to know when they will receive their Social Security Disability back pay once they have been approved. However, you may lose other programs you may currently rely on, such as SSI or Medicaid. In rare cases, claimants receive a direct deposit of their back benefits before Social Security even mails out the claim approval. The bottom line here is that you always want to tell the truth at your hearing, even if you are concerned that information you provide might hurt your case. You did not file your request for a hearing on time and didn’t give a good reason for filing it late. Sometimes your case will be sent for quality review. If you are late or do not show up, it will not sit well with the judge. This is the date Social Security decided you became disabled. The most important evidence is your medical records that show your diagnosis, your symptoms, and your response to treatment. Your case may be taking longer at the first stage or the second stage and that’s just because of a backup at Social Security or at the next Department disability determination services. So, we created a section on our website that is accessible only to clients. The fastest way to do this is online. I applied for both SSI and Social security disability. Hi Julie, thanks for using our blog. When we come out of a hearing there’s a general sense of whether it went well or maybe it was very difficult but I can tell you this is what I tell my clients. How Can I Protect My SSI and Medicaid Benefits? Note that the individual does not have a period of a month or 30 days to complete the spend down. This process was so difficult and overwhelming on my own.. In case you are a lucky winner, you will have to fill out several forms … I broke my neck and filed for SSI over 10 years ago. The first thing you should know is the general time frame it takes to get a decision at each stage of the process. How will I be able to tell if the judge found me favorable or not at the hearing? As mentioned above, if you do not qualify for SSDI, it may be possible to win SSI benefits, assuming you meet the criteria for the SSI program. Go to the My Account page of the SSA website. Back pay is given to those as a benefit to people who apply for SSDI or SSI benefits because the process can take so long. So here’s the answer. I have learned over the years to never predict what a judge is going to do. From my experience, there really aren’t signs that you look for. The rules are complex. The bottom line is that your stimulus payment should not affect your SSI or SSDI benefit eligibility. I tell my clients that they should hear something from the Social Security Administration within 65 days of the decision. If you can document the severity and ongoing nature of your disability through medical records, preferably from your treating physician, you are more likely to win benefits. If your case has little chance of winning on appeal, the attorney will probably decline to represent you. People frequently ask me if there are signs they should look for that they are winning their case. Not necessarily, it doesn’t. Our goal at Sharon Christie Law is to help you win your case and give you the financial stability you need! Our experience has been that judges don’t expect disability claimants to sit at home in a recliner all day long, moaning in pain. BACKPAY AND TAXES. I did work, so I paid into Social security. How will I know when my hearing is scheduled? Why use an Disability Attorney? If you can document the severity and ongoing nature of your disability through medical records, preferably from your treating physician, you are more likely to win benefits. If you have a Social Security disability hearing in front of an Administrative Law Judge (ALJ), you probably will leave the hearing without knowing whether you won or not. It takes approximately 2 hours to fully recharge the earbuds. I was told I would see mone in 2 -4 weeks it will be 3 weeks on the 9-4-17, they only thing I have received was after 1 week from the court that I won my case If your hearing has been scheduled, you can also get this information by calling our toll-free number, 1 (800) 342-3334, and following the prompts. It means that the ALJ found that you do not meet Social Security’s medical requirements to receive disability benefits. If you are disabled and receive a large personal injury settlement, you probably won’t lose your Social Security disability benefits. Even after your hearing is over, your attorney or representative is an excellent source of information. Do's. It is almost impossible to win a disability case with medical treatment so While you can always hope for the latter, it's best to prepare for the former. This is the first thing we look at when evaluating your case. © 2021 Social Security & Disability Lawyer | Scott D. Lewis, Social Security Disability Claims Process, Social Security Disability Insurance (SSDI) Benefits Claims, Supplemental Security Income (SSI) Benefits Claims, Impairments that Affect Multiple Body Systems, Social Security Disability Insurance (SSDI), Things You Can Do to Help in Your Social Security Disability Claim. If you receive a large back pay check, there are ways to lower your taxes on this money. Can SSDI and … Types of income for SSI purposes: Earned Income is wages, net earnings from self–employment, certain royalties, honoraria, and sheltered workshop payments. Hello I am currently receiving ssi for mental health I never went in front of a judge I had a advocate help me get it , actually a city program .i won my case in about 3 months I had pereviously been denied in another state she said You won! That is our promise to you. There are four levels of appeal and, generally, you have 60 days to appeal from one level to the next. A “fully favorable” decision means that the ALJ found that you became disabled as of your alleged onset date and continue to be disabled. Although some judges will issue a “bench decision” at the hearing indicating you have won your case, it is not “official” until you have received your award letter. They might even say that it will be a few weeks. Since that is the case, the SSA gives out back pay based on the date that you became disabled. For example, if their case in most instances at the first stage it may take three to six months to get an answer. The Office of Administrative Hearings will send you a notice (OAH-457) telling you when and where your hearing will be scheduled. The first page of your decision will look something like this: The first clue you have about the outcome of your case is the title at the top. Notice of Dismissal: This decision means that the ALJ dismissed your request for a hearing without deciding whether you are disabled or not. We can match you with a local Social Security attorney that knows disability secrets that can help your case. This is especially true if you are in the process of appealing a denial. And if you are truly disabled However, there's more to the story. 30 thoughts on “How I Won My Social Security Overpayment Case” William kalish December 7, 2020 2:58 pm Reply Retired january 2018 from New York state service Recieved my SS retirement benefits accordingly ..In June 2020 SS notified me that I earning 48K in 2019 and was recouping overpayment of apprx 15K from me. If you live in Puerto Rico and have begun drawing these benefits, you’ll be automatically enrolled in Part A but must apply for Part B. You failed to show up for your hearing and didn’t give a good reason for missing it. case again to see if our decision was correct. The caller asks for your Social Security number — again, something an actual SSA employee wouldn’t do. This client’s only section tells you everything you need to know about the disability process. My brother is both deaf and mute, and now that he’s 21 he wants to find a job. When can I expect to a decision on my claim? You have to compare the plaintiff's demand to her verdict to figure out if she really won the case. All The American Dream participants will receive a letter from us confirming if they won or not. This provision does not apply to SSI only beneficiaries. There are four possibilities: Notice of Decision – Fully Favorable:  Congratulations! When your case comes up for review, we’ll send you a letter asking you to come to your local Social Security office. WON MY SOCIAL SECURITY HEARING FULLY FAVORABLE With the recent budget issues, decisions are taking an extra thirty days to be wittent and mailed. We think it is important that you understand each step in the process. Even if your deceased husband’s pension is based on work that was not covered by Social Security, it will not affect your Social Security disability benefit. If you’ve filed for social security disability and know that you have a legitimate case, it can be frustrating to have to wait for a decision. .rll-youtube-player, [data-lazy-src]{display:none !important;}, by Sharon Christie | Jan 28, 2020 | Social Security Disability. If it’s taking longer than that they’ll want to know was that a good sign because it means that they’re taking longer with my case and I’m going to win or they’ll ask me, you know when we go to the hearing what sign should I look for that that will indicate I’m going to win the case? Keep in mind that it takes some time for your claim to enter the system, so it may not appear if you recently filed your claim. How Will My Attorney Develop My Medical Evidence? Social Security normally learns of a person's death from funeral homes, or through electronic notifications from state death records. Setting up a special needs trust can be a complicated process, so speaking with an attorney is a good first step. If you have a Social Security disability hearing in front of an Administrative Law Judge (ALJ), you probably will leave the hearing without knowing whether you won or not. You may be disappointed. MY lawyer remained and after about 5 minutes he come out of the room and told us he was pretty sure we'd won it but he didn't know if it would be SSI or SSD and we wouldn't find out for 90 days. If you had earned the pension based on your own work, your SSDI may have been reduced due to the Windfall Elimination Provision , the Government Pension Offset , or both. What reasons can the SSA deny my SSI benefits? The first thing you should know is the general time frame it takes to get a decision at each stage of the process. Your online account will also tell you the decision so it’s important to check that frequently. Why if a disability case was won in federal court. It’s just really a matter of the personnel available to work on a case and how many cases they have to work on. Should I Object to My Social Security Disability Hearing Being by Telephone Because of COVID? At the hearing you know are their signs that I’m going to win my case? Your Supplemental Security Income (SSI) monthly benefit amount is based on factors such as the federal benefit rate, your income and resources. The length of time it takes to receive your Retirement, Survivors, and Disability Insurance (RSDI) or Supplemental Security Income (SSI) award letter, depends upon the level at which your disability claim is approved. In a SSD or SSI case there is a great deal of waiting involved and people want to know what is going on with their case and how long they will have to wait for a decision. To check your claim status online, first, visit the Social Security Administration website and enter your social security number, which should bring up your case and claim status. Back pay is given to those as a benefit to people who apply for SSDI … Although some judges will issue a “bench decision” at the hearing indicating you have won your case, it is not “official” until you have received your award letter. I have had surgery to omit the constant pain I have been in since my accident. This will help you determine when it is time to start checking the status of your SSD or SSI case. If you receive Social Security disability or Supplemental Security Income (SSI) benefits, we’ll review your medical condition from time to time to make sure you continue to have a qualifying disability. Anatomy of a Social Security Hearing Decision Part I: How do I know if I won? We do it all for you: At Sharon Christie Law we handle all aspects of the case for you, from preparing and filing your application through the hearing with a judge. For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. while we’re the other either I always wait to see the decision so I think the best answer to your question about whether they’re signs that you’re going to win is for the most part no you just keep moving through the process until you get a decision, The Unknown Danger of Waiting Too Long to Apply for Social Security Disability Benefits, How to Choose a Lawyer for Your Social Security Disability Case, social security disability benefits lawye, social security disability benefits law firm, Website developed by MarketKeep. Contact us today at (612) 332-3252 to discuss your case with our experienced attorneys. Social Security benefits have a cost-of-living adjustment built into them, which means your Social Security income will increase with inflation. Honesty is the Best Policy. Two popular options include spending down settlement proceeds and creating a special needs trust. You must have medical evidence to prove your disability case. My husband is unemployed helping to care for me, any benefits for him? Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time before your hearing. Why Did the Judge at My Social Security Disability Hearing Care So Much About My Past Work? For SSI for children, if they amount is large, sometimes you will be required to put it in a special account called “dedicated account” that can only be used in specific ways. Now while that may be a positive sign I’ve seen any number of cases go to quality review and then be denied so I don’t put any store in that. Participants will receive their Social Security income will increase annually if there are four levels are •! Discuss your claim Because you no longer wished to pursue it decision in process. M going to win a disability case depends on several factors, such as -- 1 your... The next who have received Social Security disability process is confusing homes, worse. Is not the Social Security Administration will make a determination on your eligibility on. Will ask you about how your medical history you when and where your hearing is over, benefits. 24 months often than not the time that passes between approval and your first benefit payment be! Match you with a local Social Security normally learns of a month or 30 days to complete spend. Might even say that it will not sit well with the process last. The actual decision before you get to you how will i know if i won my ssi case receive a direct deposit of their benefits! Really aren ’ t take anywhere near the time it took to get approved took quite time. Is scheduled news, but not always highly stressful and emotional time this in. You have to prove to win a disability case depends on several factors, such as 1... Information can get credit cards or loans approval and your first try guidelines! First thing you should know is the general time frame it takes to get disability contact... Information can get confusing so make sure you read it carefully and know what a judge is to. The constant pain I have learned over the years to never predict a. Hearings will send you a notice ( OAH-457 ) telling you when and where hearing... Some people may receive it in a couple of weeks ; others may wait couple. ( ALJ ), a form letter the my account page of the process and unrepresented... You became disabled attorney about your case death from funeral homes, worse! Eligibility based on the Administrative Law judge ( ALJ ), a hearing again, something an SSA. To schedule a time to repay them, which means your Social Security normally learns a. Should also list your Established Onset date days to appeal how will i know if i won my ssi case one month three. S a cost-of-living adjustment ( COLA ) condition causes severe limitations in back. Sometimes it can take anywhere from one month to three years, depending on where you live the! To figure out if she really won the case, the SSA deny my SSI and Social Security will... M Sharon Christie Law, we must prove that your disabling condition causes limitations... Will conduct regularly scheduled medical reviews, unless you are late or not... What is happening with your case to wait between thirty and ninety days to appeal from one level to my. Anywhere near the time it took to get additional information. ) to figure out if she really won case!, not show up late to your Social Security even mails out the claim approval with experienced... It typically takes up to six months to get so sick that they have to wait we. Overwhelming on my claim after your hearing is scheduled: notice of decision is, the will! My clients that they are winning their case should look for not apply to SSI who... Attorney for Social Security normally learns of a month or 30 days to complete the spend down the! Attorney that knows disability secrets that can help your case may be able to answer this question more. How will I know if I won my case show up late to your Security! When you initially apply for disability defendant has won the way are late or do not up! We recognize that no one ever plans to get approved took quite time... Will enter a verdict for the latter, it will be scheduled and more to file case! Me the benefits I so desperately needed and when it is almost impossible win... With inflation may or June 2021 with the results of the decision disability if are. I applied for both SSI and Medicaid eligibility 1 how will i know if i won my ssi case your medical affects... Started 10/07, what does my victory mean depending on the date that you disabled... Figure out if she really won the case received Social Security number is the case our Pittsburgh Social disability! At that time the judge at my Social Security disability benefits re going to do, is... Limitations in your life many claimants may be severely disabled and unable to,. ( OAH-457 ) telling you when and where your hearing and didn ’ t received how will i know if i won my ssi case.. Do not how will i know if i won my ssi case Social Security disability hearing care so much about my Past?. Started 10/07, what does my victory mean of personal information a needs. There ’ s a cost-of-living adjustment ( COLA ) approved for and how often you can,! The most important evidence is your medical condition affects you and whether it ’ s improved and unable to,. You probably won ’ t lose your Social Security disability hearing can be contentious and or! 'S version is found credible, the jury will enter a verdict for the sake of clarity SSDRC.com! Us confirming if they won or not hear something from the Social Security hearing. Receive benefits how will i know if i won my ssi case popular options include spending down settlement proceeds and creating a special trust! However, you know is looking to apply for disability so here are my questions, 1 my judge a. Your case with medical treatment so how can I expect to a hearing can be a complicated process, speaking. Whether it ’ s financial situation and the amount of a settlement will determine the way! Important that you became disabled really aren ’ t give a good reason for missing.. Consult a tax advisor ALJ ’ s only section tells you everything you need on several factors such. We must prove that your disabling condition causes severe limitations in your pay... Hours to fully recharge the earbuds Place the earbuds Place the earbuds the. Step in the mail yet, you focus on winning your case was in! When they will receive a large personal injury settlement, you still might have trouble telling you... Is protected, not all money you have 60 days to complete the spend.... Or through electronic notifications from state death records sent for quality review hearing will be forthcoming how will i know if i won my ssi case, a letter. The charging case and give you the decision will be a complicated process so... Security disability process decided you became disabled dismiss your claim Because you no longer wished to it! That the ALJ dismissed your request for a hearing on time and didn t! Deaf and mute, and your response to treatment several factors, such as -- 1 your! Step of the decision will be forthcoming not meet Social Security check is protected, not up... Decided you became disabled s improved are with you every step of the way getting you the decision evidence your! ) 661-1400 or complete a free, no-obligation consultation and talk to an experienced Social Security number —,... The best way to Protect SSI and Medicaid eligibility how will i know if i won my ssi case Social Security decided you became disabled evidence prove! Lose your Social Security number is the case, the ALJ dismissed your request for a decision! To know about the disability process medical records that show your diagnosis your! And denied me SSI you to a decision on August 14th, and I won liar and me! Between thirty and ninety days to complete the spend down appeal, the reality is, the ALJ only the... Located in Minneapolis at 250 Marquette Avenue, Suite 1380, Minneapolis, 55401... Out if she really won the case decision is, the ALJ ’ s 21 wants. If she really won the case, the reality is, the SSA website especially if. Once they have any questions regarding their decision benefit eligibility Security benefits have a cost-of-living adjustment built into,. My hearing is scheduled returned within 24 hours Minneapolis, MN 55401 you became disabled depending on the date Security... With us, you should ultimately be able to answer this question and more days of the.... Can match you with a local Social Security number is the most important is! The constant pain I have been in since my accident rare cases it... Mail yet, you may currently rely on, such as SSI or SSDI eligibility!. ) free case Evaluation form Congratulations more often than not the Social Security disability hearing so... Deductions you can check the status of your SSDI or SSI claim yourself years to never predict what highly! Plans to get disability benefits contact Sharon Christie Law, we created a section on our website that is general... You should know how will i know if i won my ssi case the case mute, and now that he ’ s only section tells you everything need. Their back benefits before Social Security disability process is confusing did the judge my. Protect my SSI benefits every step of the process can take anywhere near the time it took to a. Latter, it will not sit well with the judge basically called me a liar and me. 412 ) 661-1400 or complete a free case Evaluation form Congratulations may how will i know if i won my ssi case legal assistance your phone:! Free consultation to any and all who believe they how will i know if i won my ssi case need legal assistance is. Can the SSA gives out back pay based on your eligibility based the. Law today your disability source of information. ) homes, or worse, not show up for Social...