How Long does it Take to Acquire Disability Benefits
Compared to the benefits offered by the Workers Compensation Insurance, receiving disability benefits takes a lot of time. To receive a disability benefit, the medical condition should have lasted or expected to have lasted for a minimum of one year, or should have expected to result in the death of the person. This is just to keep someone from losing everything or not be able to buy the essentials. This is not the time to go out and make a BMW purchase or believe the tax payers are going to buy you a large boat.
Payment of SSDI benefits can be from one year before the date of application; however, payment of SSI will be only from the month of application.
Completing the Application Virtually
Since it takes a long period to receive the benefits, it is advisable to apply as soon as the medical condition that is going to keep the person from work for at least a year is evident. Instead of going to the Social Security office, the Disability Application and Disability Report can be filed online, which will speed up the process. However, the person still has to go to the Social Security office at the appointed time for the representative to review the filled in information.
Several Months Later
Apart from the time required to establish the medical condition and disability, there is a considerable waiting period at every stage of the process. It is therefore advisable to keep proper medical records and file all information connected with the disability very carefully. Usually the first decision is taken by the Social Security Administration in around five months, but there are many cases where Social Security has taken a year to determine credibility and to distribute any payments. Remember, this is government. Bureaucracies run much slower than the private sector and there is more fraud involved too.
Additionally, Social Security denies almost 70% of initial claims.
If the claim is denied the person can file an appeal, where the person is required to fill in additional forms. The decision to the first appeal is comparatively much faster and Social Security returns a decision in about a few weeks from the date of filing the appeal. If the appeal is rejected, there is a very long wait for a hearing, which can take as long as 18 months from the time the person has requested a hearing. Remember, this is government work, not The Home Depot or Verizon.
Earning Requirements to Qualify for Disability Social Security Benefits
A person needs insured status for Social Security to qualify for disability benefits. For having insured status, the person should have worked enough and paid social security tax. The SSA (Social Security Administration), which manages SSDI, converts a person’s earnings into work credits to determine if the person has worked enough to qualify for disability benefits.
In Proportion with One Aging
The dollar earnings that correlate with someone’s work and credit are calculated on a yearly basis. However, a person needs minimal earnings to obtain credit for a year, and a person can earn maximum four credits in a year. This means the person has to work for a number of years to be eligible for disability benefits; however, as the person becomes older, more credits are required to qualify.
By the Numbers
Usually a person is required to accumulate 20 work credits during the last ten years just before the disability onset. Normally it works out to four credits per year; however, additionally one more credit is needed for each year the person’s age exceeds 42 years. The work credit requirement is not applicable for an individual who has become disabled before or at the age of 22. In such cases, the individual is allowed disability benefits depending on their parent’s work credits, without any loss to the benefits received by the parents.
The Cut Off Point
Unlike SSI (Supplement Security Income) that is a low-income disability program, SSDI does not have any limits on the unearned income or assets of the person. However, the SSA does impose a limit on the earned income, because if the person can earn substantially then such a person cannot be considered a disabled. Presently, a disabled person receiving SSDI benefits cannot earn over $1,040 a month; however, this person can earn any amount from interest on savings or investments and even if the spouse is earning any amount of income.
Do Nothing When in Doubt during Divorce Negotiations
Divorce will bring into focus various issues, which you had hardly bothered about previously. Your spouse might have looked after certain aspects of the household during your marriage and you had no interest in handling those things. However, many things that you had not considered important may now become crucial and will need your full attention, if you want a favorable divorce outcome for yourself.
Hold Fast for Now
During divorce negotiations, various things will come up that will test your knowledge about those things. It is not possible for anybody to be an expert on everything, and therefore you should not commit to anything when you are ignorant or have partial knowledge about the matter. Your motto should be “when in doubt do nothing”, which means you neither accept nor deny whatever is being asked of you. The right thing to do in such a situation would be to consult an expert on that matter.
Protecting Your Interests
The other side may feel you believe you are a victim here and perhaps may try to take advantage of you having that feeling. If you think he feels sorry for you and is going to let up or this is just his attorney speaking you may be right but you cannot assume this is the case. You should assume the worse but hope for the best. You cannot take this situation lightly and you need to have an attorney out there willing to defend your rights just like the other side has a nail biting attorney doing that for them. Do not worry, these types of lawyers exist, as you are beginning to realize, and they will be happy to protect and defend your interests.
They do not just exist in TV shows but in reality too but you need to make the phone call though.
Listening to the Right People
For instance, during the divorce various issues about finances and division of the property will be discussed. It is important to have consultation with a financial professional and find out where you stand with respect to your own finances during the divorce. If you are confronted with making any decisions and you have a doubt, first consult the professional and then take the appropriate decision after the initial discussions.
Do not Relinquish anything as of Now
You might not want to appear ignorant about certain things in front of your spouse, but it is more important that you do not commit to anything when you are in doubt. Even a small thing you might agree upon without knowing the full implications can bring about a major change in the final divorce outcome. Hence, be very careful and do not act on partial knowledge. Always trust the experts on the matter and take their advice before taking any step.
Negotiating During a Divorce
Most divorces are emotionally draining and you could be bitter and angry. However, during a divorce many things can go wrong if you are not vigilant and enable your emotions to control your judgment. Many things can be settled amicably and to your advantage if you are careful during the negotiating process. Instead of fighting in a court over important things such as payment of alimony, division of property, custody of children, visitation rights and so on, you can address all these issues and find a favorable settlement through skillful negotiations.
Listen & Understand
One of the most important tactics in carrying out skillful negotiations is to listen carefully to what the other side is saying. By listening, you will come to know what your spouse actually wants and things that are important to him. All this is important information, since you will be in a much stronger position to bargain and negotiate a better outcome for yourself.
Listen & Learn
Sometimes the other side is not sure that you are listening or understanding what they are saying and will try to use this against you. Many times they assume you do not fully comprehend the issues despite you having a marvelous attorney working on your behalf. There are some divorces where the former husband believes that is wife cannot make these decisions on her own and is overwhelmed during a process like this. Perhaps he is involved in intense negotiations once a week because of his profession which gives him an advantage. Well, with your listening skills and your outstanding attorney, you can turn the tables on this matter and just surprise him.
Take a Step Back
During negotiations, things can flare up and your spouse might start accusing you of various things. The natural reaction would be to accuse him back and start a fight; however, this would be counterproductive and does not achieve anything. The best thing to do in such a situation would be to keep your cool and make him come back to negotiating rather than fighting. If things begin to enter the ugly domain, and you are pulled into a fight, it would be better to take a break and come back the next day. Start the negotiations the next day as if nothing has happened and try to avoid another verbal shouting match.
People You Trust
However, what you listen and learn during negotiations should be shared and discussed with your “board of advisors”. This board should comprise of people whom you trust and who will be thinking in your favor. Your divorce attorney will be the top member of this “board”, but it could also include friends, siblings, and parents.
Look at Divorce as the Closing of a Chapter and another Opening
Divorce can bring about a strong feeling of hurt, and in most cases, spouses consider themselves victims. Your relationship with your spouse might have deteriorated and ended long ago but when you are confronted with putting a formal end to the relationship by divorcing all the hurt and resentment can come up again. This is the time you are most likely going to feel you are the victim in the marriage, and this might even be true. However, such a feeling does not achieve anything, and in fact, it can stop you from taking the right decisions about your future life.
Missing Important Aspects in Life
Look upon divorce as a chapter in your life that is closing. When one chapter ends, another chapter has to begin, as life has to go on. If you sit with hurt, and a closed chapter, your life will not move on and you will be miserable. Additionally when you are hurting, you cannot focus on issues that are important in the divorce and take the required steps. Taking yourself to be the victim, you will be either depressed or angry. Neither of these emotions will allow you to think clearly, and you are likely to make mistakes during the divorce negotiations or proceeding, which will not be favorable to you in the outcome of your divorce case and settlement.
Sucking it Up
You cannot afford to pout indefinitely, since you need to get on with your life. If you have children, they will need you to act as a parent, especially during a divorce. Emotional hurt will not simply go away, and you need to make a conscious choice, to stop feeling like a victim and get on with your life. It is a conscious decision that needs to be made; however, difficult it may be.
From Personal Injury and Family Law Cases to Workers' Compensation fights, no legal team is more respected in Northeastern Pennsylvania than MHK Attorneys.
With more than 20,000 cases under our belts, MHK Attorneys have a highly successful track record of providing our clients with incomparable legal counsel, advice, and representation. From personal injury and family law cases to workers' compensation fights against insurance companies, we will fight for your rights and get you the settlement or outcome you deserve.
We have already recovered millions of dollars in compensation for injuries. We have protected the legal rights and future financial security of our clients. What can we do for you. No legal team is more respected in Northeastern Pennsylvania.
A serious injury attorney from MHK Attorneys is familiar with common injuries involved in personal injury claims, such as brain and spinal cord injuries.
Dog Bites are a major public health problem not only for the associated risk of acquiring secondary infections and occasional death due to trauma (which occurs often in children) but also for the possibility of contracting rabies which, if left untreated, is almost invariably fatal.
If you have suffered injury as a result of the negligence or carelessness of others, you may have a personal injury claim. An attorney from MHK Attorneys can help you pursue just compensation.
Attorney Connie J. Merwine, J.D., LLM, CPA is uniquely qualified to help families through all aspects of family court. Whether you are filing for divorce, or working to establish child support or custody, Attorney Merwine can help.
When workers are injured on the job, they are entitled to Workers' Compensation benefits. At MHK Attorneys, we fight for the rights of injured workers to ensure they get the compensation they deserve.
Social Security Disability
If you are eligible for benefits under SSD or SSI, you are entitled to receive cash payments from the Social Secruity Administration. MHK Attorneys has experience helping the people of Pennsylvania receive the benefits they deserve.