Georgia Social Security Disability Legal Questions

Your questions is a good one, but a difficult one.  The "process" may be resolved after the initial application, or go through multiple layers of appeals with the Social Security Administration.   I have seen claims resolved in a few months, and others after five years! Under the Social Security Act, “disability” means “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.” "Work as long as you can" is what I tell my prospective clients.  More importantly, follow the advice of your doctor.  It sounds as if your doctor is encouraging you to explore the possibility of filing for Social Security Disability. At the top of this page is a "Find a Lawyer" link that will help you find an attorney that can help you explore.  ... Read More

It sounds as if you want to make sure that the Social SEcurity Administration has your new address for your disability case.    Try this:  go to https://secure.ssa.gov/ICON/main.jsp and type in your ZIP CODE.  The phone number and address for the local office will appear. For address changes, it is best to put it in writing and include your SSN or go in person.  If you go in person, make sure to check the office hours as they have changed recently. Good luck.... Read More

The answer rests in the insurance contract that provides you with Long Term Disability benefits.  My guess is that the company was burned too many times by people not re-paying the offset.  If the contract permits it, probably not much you can do. However, I recommend that you take up this issue up with an attorney in person so that she or he may review the policy.  If you don't have it, request a copy of the policy immediately.  Your facts may reveal that the LTD carrier shouldn't be "helping themselves" to your benefits.  It bears further investigation.... Read More

Depending on the state that you live in, the percentage of applicants that are turned down the first time is quite high, so if you are disabled it is good to appeal right away to keep your claim alive. Yours is a story I hear I often -- I was on SSDI (or SSI) but was terminated due to confinement.  When I applied again, I was turned down.  What gives?  SSA said before I was disabled, now I'm not?  Why? The problem may be your medical records.  Have you had continuous medical treatment to document your medical condition that disables you?  Does SSA have that medical information? Another problem may be your medical condition improved or you worked. However, the bottom line is when you had to file that new application, SSA doesn't automatically grant benefits just because you had them before.  This is a fresh, clean look at you and you have to measure up to all the requirements. You may want to consider consulting with a lawyer in your area that does this type of work.  ... Read More

Have you communicated this to your lawyer?  You have hired her or him to do a job and they are well-versed in the potential places to be treated in Georgia. Without any medical proof, as your question suggests, you can't win.  The law is against you.  Medical care is available to those without insurance.  You have to be more focused on finding it.   Google "free medical clinic" or "reduced cost medical care" or any other number of variations. Go to this website and click your state http://www.freemedicalcamps.com/index.php  But do the above in the order written, beginning with: call or write your attorney now.... Read More

Pro Se is not something I would recommend in the setting you are in. Seasoned and experienced lawyers do not always navigate easily amidst the various Federal Court Rules and Local Court Rules. To expect that you can do it I think is a mistake. I do not practice in your jurisdiction and can not speculate what the answer is. I strongly encourage you to seek local counsel to address the specific facts of your particular situation. You would do well to search http://www.lawyers.com/find-a-lawyer.html for the state your case is filed and "Social Security Disability" for type of law. In addition, your local Legal Aid Office, nearby Law School that has a legal clinic, or http://www.nosscr.org/. Pro Se is appropriate for small claims actions when no lawyers are involved. In a Social Security Disability case in Federal District Court, you are up against an experienced Assistant U.S. Attorney. As I suggest to anyone asking me about a criminal case, and going to Court without a lawyer: "If my liberty were at stake, that is, I could end up in jail, I would take a lawyer. You never know what the Judge is going to do." In your case, it sounds as though you are early enough in the proceeding to hire someone, and not make the mistake of trying to do this on your own.   Good luck!... Read More

Tax law is very complex.  I recommend you speak to a tax professional about your question because a tax professional is the one that needs to answer this question.  I am not a tax professional. Although you are disabled and your wife is disabled, this question concerns taxation, yet appears on the social security disability questions site of Lawyers.com.  You could copy and paste your question, and re-post it in the "Taxation" area of this website.  Because the deadline is Tuesday this year (April 17, 2012), it doesn't leave you much time.  But your question may help others on this site. PLEASE NOTE that an in person consultation is always best when you have a legal problem. DO NOT RELY on information for a legal remedy without having contacted a lawyer (or in this case a tax professional). Facts and circumstances of every case have to be applied to the law that is relevant for the state or location in question. NEVER rest on a right or defense you may have. Legal rights are not like wine - they don't improve with age or time. Time limits can completely prohibit recovery. SEEK LEGAL ADVICE IMMEDIATELY. Be sure to visit my website for answers to other Social Security Disability questions.  ... Read More

If you are working when you apply for disability, the Social Security Administration (SSA) will deny your claim and not even get to the medical question about your disability. SSA defines disability as follows " ... an individual shall be considered to be disabled for purposes of this title if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months."  You do not have to be off work and disabled 12 months before you apply for disability.  The SSA definition of disability also states that it: ... is based on your inability to work. We consider you disabled under Social Security rules if:   You cannot do work that you did before; We decide that you cannot adjust to other work because of your medical condition(s); and Your disability has lasted or is expected to last for at least one year or to result in death.   Find a lawyer in your area that is willing to work with you before you stop working and before you apply.  It is going to be tough, so you must have this planned out very carefully.  Family, friends, church, charitable groups, county and state services - these are all resources that you need to contact and ask for help in your situation, explaining that you hope that it is not a permanent request. If finding a local attorney doesn't work out, you can apply on your own online or go to your local office and apply.  Good luck to you.    ... Read More