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[S664]Social Security Disability Claims
by Albert Tobega, Alb
Q: Should I make my claim for social security disability under my own account, or under the social security account of my spouse who recently passed away?
A: For most social security disability applicants, the goal is to get the largest payment possible. Sometimes the largest social security disability payment will come from the survivors benefits you receive from a deceased spouses account. In other situations, the greatest social security disability payment will come from applying under your own account. Either way, you have to choose which payment is highest, as you cannot have both.
When deciding if you want to apply under a spouses account or your own, calculating the highest social security disability payment is an obvious first step. It is best to check with the SSA to determine what those payments might be. Whether the payments are higher under your own social security disability account or your deceased spouses is determined by your current age, the severity of your disability, and your earnings record. In the case that you do choose to claim survivors benefits, you will receive your spouses full social security disability benefits when you reach retirement, or when you reach the age of 50 and are disabled. If you are not disabled, you can get anywhere from 71 to 99 percent of your spouses benefits before you reach retirement, as long as you are 60 years old or older.
Q: I am receiving social security disability but I want to apply for SS retirement.
A: In most cases, a person currently receiving social security disability benefits will automatically receive retirement benefits when they reach full retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer. Consult the Social Security Administration or talk to a lawyer for information about transferring from social security disability to retirement.
Q: Is it true that everybodys social security disability claim gets denied the first time?
A: While you may hear plenty of horror stories about constant rejection from the social security disability program, the truth is that not all first claims are denied. In truth, the SSA has no rule in place that directs them to deny all first claims. That said, it is true that many first applications are denied, and that approvals tend to result from the appeals process.
Of all social security disability claims, about 70% are denied the first time they apply. Unfortunately, many of those who are denied do not have a full understanding of what they should do in order to be approved next time they apply. In order to reduce your chances of being denied more than once, it is important to have a through understanding of the social security disability appeals process. Speak to a social security disability professional or the SSA for details.

As the law prescribes, Social Security Disability benefits are given to those persons who are unable to exercise any substantial gainful activity due to an impairment that is expected to last, or has already lasted, for at least twelve (12) months. The impairment may not even be limited to physical disability alone, as the law includes those that may even cause the applicant's death.

Ideally, people who have acquired any disability during the course of their work should have an easier time claiming their disability benefits because they are paying for it. But sadly, the Social Security Administration, for one reason or another, is not that effective when it comes to processing their members' disability benefits applications. This is evidenced by the enormous backlog of disability applications filed before the SSA.

The records show that more than half of the SSD and SSI claims will subsequently be denied at the first two stages of the filing process. This is the main reason why a majority of claimants still needs to bring their claims at least to the Administrative Law Judge for hearing, where they have to defend their cases through oral arguments in the hope that the judge will be convinced by the evidence they present.

We already know that the process is tedious and involves a lot of red tape. Yet, applicants grow by the number, still eager to claim disability benefits even without the proper understanding of the process. In most cases, the lack of information proves fatal to a disability benefits application.

The following are some tips on how to increase the chances of having a favorable result:

- Ask the support of your doctor; his detailed medical statement explaining why your disability can impede you from working will be very helpful.

- Submit your most recent medical records upon your initial application and every time you make an appeal.

- Cooperate promptly and completely with the disability examiner who is in charge of your claim. You need to respond immediately to his notices and be present at the scheduled medical examinations.

- Be aware of the status of your disability claim case. You should call your state's Disability Determination Services office for updates and not an SSA office.

- Keep track on the important dates such as the deadlines connected to your case.

- Hire a Social Security representative (preferably an attorney) who has an extensive background and notable experience in handling Social Security cases. This is very vital most especially in filing an appeal to the ALJ.

- Be kind enough to the individuals who are dealing with your case. Having a good relationship with them might encourage them to help you more with your case.

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Both Albert Tobega & Mesriani Law Group are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Albert Tobega has sinced written about articles on various topics from Brain Injury, Social Security Information and Finances. For the real scoop on social security lawyer, browse .. Albert Tobega's top article generates over 22200 views. to your Favourites.

Mesriani Law Group has sinced written about articles on various topics from Social Security Information, Legal Matters. . Mesriani Law Group's top article generates over 1600 views. to your Favourites.
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