social security disability Archives

Mar 11, 2020 | By Gayle Gerling Pettinga | Read Time: 2 minutes | social security disability

The Benefits of Benefits

You may be aware of the struggle some folks face when it comes to obtaining social security disability benefits. If you have ever considered applying because you qualify, but have wondered if it is worth it, here is your sign: it is! Social Security disability benefits could be the only thing standing in the way of your and your loved ones living comfortably. Stability in Finances A serious concern for most people is household finances. The average American household spends over $1,500 a month on necessary items, such as bills or groceries. Unfortunately, if you are disabled, one of your main worries is how you are going to pay for these things. However, by applying for SSI or SSDI, you start the process of possibly overcoming that financial concern. On average, monthly payments can range from $700 to $1700. This payment replaces what would be income from a steady job. Insurance Coverage Maybe this is something you would consider with your finances. However, once you are approved for social security, you no longer need to worry about medical coverage. So, depending on the type of benefits you apply for, SSI or SSDI, your medical costs will be low or reduced. We understand that with a disability comes what seems like an endless amount of doctors appointments. As a result, it doesn’t take long for those bills to start adding up. So, if this is something you might be worried about, it would be beneficial for you to apply for social security disability. However, don’t expect to be approved right away. As mentioned above, sometimes the process can seem tedious. But, it is worth it in the end if you receive an approval. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families. With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help. You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

Feb 28, 2019 | By Gayle Gerling Pettinga | Read Time: 2 minutes | Disability Law

Timing is critical with Social Security Disability

Timing is a critical factor in seeking Social Security Disability because each step of the process is dependent on the step that comes before it. One of the foundation blocks of basic computer programming is the conditional construct. The creator of the program establishes the computer’s task with if-then statements. We use them in real life too. A simple example would be to say, if A equals B, and B equals C, then A equals C. There Are Many Factors Conditional statements are also part of applying for Social Security Disability Insurance. If an applicant fails to take specific steps, in the right order, then benefits are denied. Trying to trace all the possible if-then conditions can be dizzying. So, here’s one more for you. If this cycle baffles you, an attorney can help you get through the SSDI application maze. The SSD System is full of quirks One of the things that can catch many people in Indiana up short when it comes to claiming SSDI is that they find out the quirks of the system too late. In the simplest of terms, here is how it works. SSDI is insurance. Worker and employers pay the premium on the insurance through Social Security taxes. So what happens if the worker and his employer no longer pay the premium? Coverage fades away. When it disappears is called the date last insured (DLI). DLI might come weeks, months or years down the road. What can happen is that a disabled worker leaves his or her job, but doesn’t take immediate steps to start an SSD application? Coverage fades away. And if the disabled worker applies for benefits after the DLI expiration, application denial follows. It’s Possible to Prevent Thus But, it is possible to extend SSDI coverage beyond your DLI if you establish a “protective filing date.” To get more time, inform the Social Security Administration that you intend to file for disability benefits. You can do this in writing. Alternatively, if you start the online application process, the date of your application can serve as the protective filing date. The value of early notification is that an applicant remains eligible for SSDI even if the paperwork isn’t filed until after DLI expiration. If you doubted the value of early reporting of a disability, then this should clear it up: timing is critical! Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families. With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help. You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

Feb 28, 2019 | By Gayle Gerling Pettinga | Read Time: 3 minutes | social security disability

Social Security heads to the Supreme Court

How does the goverment decided who gets Social Security Disability Insurance (SSDI)? First, you need to know that SSDI is available when qualifying U.S. workers become totally disabled from working. Second, the Social Security Administration (SSA) determines whether workers are disabled based on a combination of their medical history and an assessment of their realistic job opportunities. And, a vocational expert typically performs the assessment. What is a vocational expert? Vocational experts know all about the current job climate and the skills and requirements needed for certain jobs. For example, let’s say this expert determines that your disability would not prevent you from getting a different job. You disagree. Should you be allowed to examine the data the expert used to come to that conclusion? Of course, you’re going to want that data. If the expert won’t share their data, should the expert’s conclusion stand? The Supreme Court has agreed to hear a case about this question in the upcoming fall term. The case involves a carpenter and laborer who stopped working in 2005. The worker claimed he could not work , because he had Hepatitis C, degenerative disc disease and depression. He applied for SSDI in 2009, but he was turned down in 2010 by the SSA. Next, his initial appeal to the SSA’s appeals council was rejected. After that, hee won a second appeal, which sent the case back to the SSA. On this second consideration, the SSA determined that the worker had become disabled in 2013, not in 2009 or earlier. Then the worker continued to appeal, but a federal appellate panel upheld the SSA’s 2013 ruling. However, the panel did say that the vocational expert’s testimony didn’t portray the man’s physical limitations fairly. Fight for the Data The worker did not give up. In his appeal to the Supreme Court, the man raised the issue of the vocational expert’s underlying data. He had tried to obtain the data, but the expert had refused to share, based on “the confidentiality of her files.” Under this scenario, it is unclear why her files should be held confidential, especially from their subject, the worker. However, the expert still refused to provide the background data even in redacted form. Now the disabled man asserts that the SSA declined to date his disability back to 2009 based only on the testimony of the vocational expert. In order to obtain the relief, the worker claims he needs to be able to effectively challenge the findings of the vocational expert. Moreover, he cannot do so because she won’t release the underlying materials. What the Supreme Court Will Consider Counsel for the SSA has argued that the Second, Sixth and Ninth federal circuits ruled that experts do not need to release the underlying data in order for their conclusions to be relied upon by SSA judges. However, counsel for the worker has argued that the Seventh Circuit ruled the opposite way. Therefore, these contradictory rulings created a “circuit split.” . The Supreme Court will consider these issues when hearing this case in the fall. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families. With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help. You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

Feb 28, 2019 | By Gayle Gerling Pettinga | Read Time: 2 minutes | car accidents

A settlement or collection… which is better?

Anyone who has been in a minor car collision in Indiana probably knows the drill. The crash happens. You and the others involved exchange essential data. Insurance company name and policy number, vehicle registration material, and personal contact information. However, sometimes conditions warrant police to the scene. In most cases a settlement becomes a matter of negotiation with the insurance companies. After investigating, adjusters could conclude you share fault for the crash. This means the settlement offer could be less than what it will take to fully compensate you. Even for the total damage to your vehicle. If you were injured in the crash, you could be blamed for shared fault. It’s important to consult a skilled attorney to be sure that you understand your rights and how to exercise them. Having an Attorney Can Make a Difference In the event of a dispute over fault, a skilled attorney can advocate for you from beginning to end. In addition to being able to marshal resources for accident investigation and reconstruction, the attorney has depth of experience in framing matters in the context of any possible medical care or long-term financial needs that you might face to obtain optimal results with insurers. After an appropriate settlement is agreed upon, if the insurer or other driver fails to deliver, civil action might be called for. And once again, having an attorney at your side will be crucial. You will want to be sure that you bring your case within the two-year statute of limitations set by state law in most cases. If the at-fault party is the state or local government, the window for action is restricted to just 270 or 180 days, respectively. Should it happen that you win your case and obtain a court order for compensation, you still must collect. And if the defendant still refuses to pay, further legal action might be required. This could include garnishing wages or funds in bank accounts. And again, an attorney can help.

Feb 28, 2019 | By Gayle Gerling Pettinga | Read Time: 2 minutes | Disability Law

DENIED: Overcoming the Challenges of SSDI

Did you know that most people find getting Social Security Disability Insurance (SSDI) to be quite the challenge? Well, it’s no secret to our legal team, because we handle SSDI cases everyday. Unfortunately, the Social Security Administration (SSA) denies almost everyone the first time they apply. So, don’t feel too disheartened if the SSA sends back your first claim “denied.” How to avoid SSDI “denial” First, your disability must be on the SSA’s list of disabilities. Next, you must provide the right medical documents. In addition, you must prove financial need. Importantly, you must fill out every field of your application accurately. Truly, even the smallest mistake can cause a denied claim. For example, the SSA denies around 70 percent of all first-time SSDI applications. Also, the SSA denies most people for reasons unrelated to whether they are truly disabled or not. In other words, common reasons why the SSA denies people boils down to improperly completed forms or failing to provide necessary records. How Attorneys Help Obviously, to avoid these problems, you should turn to an attorneys with experience and dedication to getting the job done right. What will a Gerling Law SSDI attorney do? First, we present your disability in terms that comply with qualifying disabilities. Second, we ensure that your income meets SSDI requirements. Third, we put your application together properly and review it to avoid errors. As a result, when you work with a skilled attorney from the outset, you can improve the chances that you will be among the 30 percent that get approval on the first try. That being said, if SSA has already denied your claim, getting an attorney’s help can help you handle the complicated appeals process. Furthermore, it increases your chances of finally getting the disability benefits you deserve. If you need an SSDI attorney, Gerling Law is here to help. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families. With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. In addition, Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help. You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

Dec 25, 2017 | By Gayle Gerling Pettinga | Read Time: 2 minutes | social security disability

Your Social Security Disability Claim Was Rejected… What Now?

A monthly social security disability check is supposed to offer financial support to those who are unable to work on account of a disability. While one may think the process of applying and being awarded these benefits is straightforward, this is far from the truth. The government benefit program rejects more applicants than it approves. A rejection doesn’t mean that you’ll miss out on these benefits, it just means that you should consult a Social Security Disability Attorney in order to overturn your denied social security claim. To receive SSI or Supplemental Security Income benefits an applicant must prove that they are unable to work due to their disability. You must prove that you can’t perform the work that you had been doing prior to the disability nor a job that might require a certain amount of training. Convincing the government of these two things is the most difficult obstacle in winning SSI benefits. If a claim is rejected, the applicant has the ability to file a request for reconsideration. Hiring an Evansville, Indianapolis, Louisville, or Owensboro-based Social Security Disability Attorney will greatly increase your chances of being admitted after applying a second time. When a request for reconsideration has been accepted, you will begin receiving benefits as well as back pay, which is the money that you would’ve received had you been accepted the first time you applied to the program. If the reconsideration request has been denied, you will have the opportunity to take your request to a disability hearing which will then be decided upon by a judge. While this will be an applicant’s last resort it more often than not proves to be a success. Administrative law judges will interview applicants and hear their stories in detail. This process creates more empathy and often results in applicants receiving benefits.

Dec 11, 2017 | By Gayle Gerling Pettinga | Read Time: < 1 minute | social security disability

What to Know About Social Security Disability Benefits

Some injuries are significant enough to affect a victim for the entirety of their life. Luckily, if such an injury should befall you or a loved one, there is a way to find solace. This solace may manifest itself in the form of social security disability benefits. Many people seek compensation in court via the assistance of a SSD lawyer, but few are aware that they may be entitled to government assistance. Here’s what you should know about social security disability benefits. The Process is Murky It’s all well and good that the government wants to help the disabled, but they don’t make the process for obtaining benefits easy. The vast majority of those who apply for benefits are rejected due to improperly filing paperwork. When filling out paperwork it’s advised that you consult with a Social Security Disability Attorney. These Evansville-Louisville located mavens will make sure that you receive the benefits you deserve. Payments Aren’t Immediate After you’ve been accepted, you will have to wait until the sixth month of being disabled to begin receiving benefits. Unfortunately, there is simply no way to expedite this process. Payments Continue Indefinitely One who has been accepted into the social security program will continue to receive benefits until their condition has improved to the point where they are able to begin working again. The government will review the conditions of those in the program periodically. How Social Security Benefits Are Paid Nowadays the primary way in which benefits are paid is online via electronic payments. Payments can also be made via an Electronic Transfer Account as well as through the Direct Express card program. Each option carries with it, its own perks. Each option is also considered to be 100% safe and reliable.

Nov 6, 2017 | By Gayle Gerling Pettinga | Read Time: 2 minutes | social security disability

How to Get the Social Security Benefits You Deserve

Too often, people who deserve disability pay from social security get overwhelmed by forms, deadlines and the multitude of details needed to receive their Social Security Disability (SSD) benefits. It is a long and arduous process that requires experience, professionalism, and patience. That’s where an SSD attorney can be useful. The Advantage of an SSD Lawyer Hiring a Social Security attorney can greatly increase your chances of receiving disability benefits. A trained SSD attorney will assist you in preparing your case. They will assure your claim is supported by objective medical evidence which justifies awarding of benefits. Regretfully, many initial applications for Social Security Disability benefits are denied. Fortunately, they can be appealed, but preparing for a review can be intimidating. Go With Experience Whether you are applying for the first time or appealing a previous denial, a Social Security Disability lawyer can be a valuable resource to have on your side. An attorney can help gather documents and make convincing arguments in favor of benefits. People who need SSD legal support come to Gerling Law because, unlike other firms, we will take a case from the very beginning. We’re willing to handle the initial paperwork and confusing Social Security Disability forms. We help people who have filed for disability benefits and have been denied by Social Security. We assist people who have already qualified for SSD, but Social Security demands they prove that their disabilities still exist. We have specialized Social Security Disability attorneys that have passed a demanding bar examination and obtain continuing legal education hours every year to maintain their law licenses. We work on a contingency basis, meaning we get paid only when we win your case. Navigating the Social Security maze is challenging, but we have made it our mission to help people get the benefits they deserve. We have four locations to serve you in the Tri-State area in the cities of Evansville, Indianapolis, Louisville, and Owensboro. Call Gerling Law today at 888-437-5464 or complete our Social Security Disability case evaluation for a complimentary consultation.

Oct 30, 2017 | By Gayle Gerling Pettinga | Read Time: 2 minutes | social security disability

Why You Need a Social Security Disability Law Firm

The Social Security Administration (SSA) is required to periodically review the case of every person who is receiving Social Security Disability (SSD) or Supplemental Security Income (SSI) disability benefits. This process is called a “continuing disability review” (CDR) and is intended to identify recipients who might no longer qualify as disabled. When a claim is up for a review, Social Security will send you a form in the mail. If you can show that you still have the medical condition that is keeping you from working, your benefits will likely continue. For many, it can be a time of anxiety and worry since so many recipients depend on these benefits to live. If Social Security decides to terminate your benefits, you can appeal the CDR decision within 10 days of receiving your notice of termination. Why Hire an Attorney? The idea that your benefits may be canceled can be overwhelming because it affects your life and possibly the welfare of your family. When you hire an attorney to help with your disability case, your chances of being approved are significantly increased. Disability attorneys understand how to present a case in the most favorable light based on the evidence A legal team will collect and submit relevant medical evidence A skilled lawyer will draft detailed documents as needed An attorney can provide a calming influence and prepare you for the judge’s questions at the hearing A qualified lawyer will elicit helpful testimony from you at the hearing and present legal arguments to maintain your social security benefits Specialized Legal Training Gerling Law with locations in Evansville, Indianapolis, Louisville and Owensboro has extensive knowledge in Social Security Disability Law Reviews. When you work with the Gerling Firm, you’ll be represented by a Social Security Disability attorney, not an advocate. Unlike advocates, Social Security Disability attorneys must receive specialized legal education in law school after earning a college degree. Attorneys must pass a demanding bar examination and obtain continuing legal education hours every year to maintain their law licenses. Unlike advocates, attorneys are bound by ethical rules that protect clients. A Gerling Law attorney will argue on your behalf, supporting your claim with the legal training and knowledge that only an attorney can possess. We are simply the best option for your social security disability needs. Contact us now for a complimentary consultation at 888-437-5464.

Sep 14, 2017 | By Gayle Gerling Pettinga | Read Time: 2 minutes | social security disability

SSDI benefits wait

Compassionate allowance speeds SSDI, but beware the ‘donut hole’ Donut holes are tasty treats. Try to swallow one whole, though, and it could kill you. There’s a sort of donut hole when it comes to Social Security Disability and if you feel you need the financial foundation it can provide, you need to be aware of system holes in the course of obtaining the benefits to which you are eligible. It can sometimes take months, even years, to be approved for benefits. As we noted in a post in February, individuals with particularly serious conditions can seek expedited consideration of their claim, and if their condition is on the list of those eligible for compassionate allowance, they should enjoy swift approval. However, that does not necessarily mean the benefits begin to flow as quickly. Tips to bridge the gap By law, the Social Security Administration is required to delay your benefits for five months. Payments are made to cover the sixth full month after you are approved. If you happen to suffer from a disabling terminal illness, you might live so long. Sadly, as the SSA itself acknowledges, many entitled to SSDI in such circumstances die before the window closes. Obviously, when trying to bridge the gap between approval and benefits, it’s necessary to draw on any financial resources that might exist. It might start by scaling back on expenses anywhere you can. Savings might need to be drawn on, but if you’re like most Americans it won’t be enough. If an SSDI claimant purchased private disability insurance or has benefits through their employer, it might be time to tap into that. Some experts point to Supplemental Security Income as being a resource. It can be used to pay for food, clothing and shelter. However, to qualify, individuals have to be close to destitute. Alternatively, there may be some help available through food subsidy programs and Medicaid. Ultimately, what this reinforces is that individuals who are in dire need of help need to know what their options are and how to best go about protecting their rights. Speaking with an experienced attorney is the way to do that.