Posts Tagged ‘SSI’

If I am approved for Social Security Disability, are my children also entitled to a Social Security benefit?

Friday, September 3rd, 2010

More than likely if you are approved for SSD benefits your children will also receive a benefit based on your earnings record.  In order for this to happen, your earnings over the years must have been sufficient to the point that there is money left on the record for your children.  It has been my experience that most people who qualify for SSD have money left over so their kids also receive some benefit.  As with SSD for yourself, the amount that the children receive is based on your earnings when you were working.

Just because you have applied for SSD benefits does not mean that the Social Security Administration will automatically process your kids claims.  If you are approved for SSD benefits you must also make the administration aware that you have minor children (once kids turn 18 their benefits stop).  You will likely have to take birth certificates in to your local social security office and they can then process those benefits.

If you only qualify for SSI benefits, then your children are not entitled to any benefit, based on your disability.   This is because SSI is a need based program and as a result there are no benefits available to children of a disabled individual.  However, if the child is disabled, then they very well could qualify for SSI benefits as a result of their own disability.

How long does it take to get a decision for Social Security Disability/SSI?

Monday, August 23rd, 2010

The length of time that it takes to get a decision for a Social Security Disability claim is getting longer and longer.  The main reason for this is the fact that there has been a dramatic increase in disability claims filed across the country.  The increase in claims being filed is likely caused by a tough economy as well as the fact that the population is aging.

In New Mexico, Social Security Disability/SSI claims can be won in as little as 30 days or take as long as two or three years.  I would say that it is more common to take two years that it is to be one of the fortunate ones that takes 30 days.

The following is an estimate of the average length of time involved at each of the first three steps of the disability process in New Mexico:

Initial application: 3 to 6 months

Reconsideration:  3 to 6 months

Hearing: 1 year

If you lose at the hearing level there are additional levels of appeal that can take several more years.  In looking at the times listed above you can see how it can very easily take two years to be approved for benefits if you have to go through the hearing level, which many people must do.

As you start the disability process or consider filing for disability benefits you should plan for it to take at least two years.  If it ends up being shorter, then consider yourself fortunate.

Common mistakes people make when applying for SSI/Social Security Disability benefits? (Part 3)

Wednesday, May 12th, 2010

5)         Assume that you cannot afford to hire an attorney.

When I am hired to represent clients that are trying to get SSI/Social Security disability benefits my fees are based on a 25% contingent fee of the back pay that is recovered.  That means that I only collect a fee if I am successful for my clients and I get them on disability benefits.

Assuming that we are successful, my fee would be 25% of the back pay that you recover.  For example; if you were entitled to $1,000 a month for Social Security disability and you were owed  4 months of back pay at the end of your case, your back pay would total $4,000.  Out of the $4,000 that is owed, 25% would go to pay your attorney which would equal $1,000.  You would get the remainder which would be $3,000.

This fee setup is good for a number of reasons: 1) You do not have to have any money up front to hire me;  2) I only am entitled to collect a fee if I am successful for my client and they recover  back pay; 3) I will do everything I can to work hard and be successful for my clients because I only get paid if I am successful; 4) I only take cases that I think I can be successful on for the reasons mentioned above.