BACK OR NECK PAIN AND YOUR SOCIAL SECURITY DISABILITY CASE
Sometimes, the Social Security Disability Administration will try to cut your benefits under a "Continuing Disability Review," or "CDR." If this happens, all is far from lost. You can elect to fight a decision to cut your benefits. You can also elect to keep getting benefits while the administration conducts its review-but act fast, because you only have a few days to file for continuing benefits after your notice of termination. You will have to decide whether to collect benefits during the review, because if you lose your appeal, you will owe back all benefits you received during the process of review.
The Social Security Administration or Law Judge must determine whether you are able to perform any gainful employment-not just the job you are trained for. How you get through your day-the tasks and errands you can do for yourself, and those you can't-are an important part of your case. Can you fix your own meals? Do your own laundry and clean your house? Do you travel to buy groceries, or to spend time socializing with friends or other groups of people? All these questions, and more, are part of the case you will present to the judge.
In 1999 I won lifetime benefits for a dye and ink mixer named Jimmy Blackwell (not his real name) who had hurt his back in 1993. In 2017, Jimmy's wife visited me to report that he had died of pulmonary fibrosis. Jimmy hadn't worked in many decades, so I advised his wife that it would be a long-shot, at best, to relate his pulmonary fibrosis to his occupational exposure as an ink mixer decades earlier for the purpose of winning benefits for her. Nevertheless, I took on the case, warning Mrs. Blackwell that it would take years for a decision.
What happens after you file a claim for Social Security Disability benefits and you are not immediately granted the benefits you deserve based on your doctor's reports?
I am proud to announce that last year we recovered more than one million dollars in Social Security Disability benefits for our clients.
You may have been injured in an accident and unable to work, or you may have a disease or other medical condition--but to win Social Security Disability benefits you must prove to the Social Security Administration that you are unable to engage in "substantial activity," for at least twelve consecutive months.
Si está totalmente incapacitado por una condición médica grave - por una cirugía como la fusión espinal o otra cirugía, reemplazo de hombro o rodilla, diabetes o cáncer, o cualquier otra condición incapacitante grave - una de las partes más importantes de su caso es su "EOD," O su "established onset date" - la fecha que elige Seguro Social come el día que empezó su incapacidad.
Cada año, la Administración del Seguro Social hace cambios a los Beneficios de Incapacidad del Seguro Social (SSDI) y a las reglas que gobiernan cómo puede obtener esos beneficios. Por ejemplo, el umbral en 2017 fue aumentado para la actividad sustancial ganancia a $1,170.00 por mes. Con el fin de cobrar los beneficios de Seguro Social por Incapacidad (SSDI), no puede ser empleado y ganar más que el umbral de $1,170.00. El beneficio para usted como trabajador lesionado y discapacitado es que usted puede trabajar y seguir siendo elegible para beneficios.
Every year the Social Security Administration makes changes to Social Security Disability benefits (SSDI) and to the rules that govern how you can get those benefits. For instance, the threshold in 2017 was raised for Substantial Gainful Activity to $1,170.00 per month. In order to collect Social Security Disability benefits (SSDI), you cannot be employed and earning more than the $1,170.00 threshold. The benefit to you as an injured and disabled worker is that you can work and still be eligible for benefits.