Shawn Taylor, PLLCShawn Taylor, PLLC2024-03-08T15:40:19Zhttps://www.shawntaylor.com/feed/atom/WordPress/wp-content/uploads/sites/1604326/2022/03/cropped-favicon-shawn-taylor-2-32x32.jpgOn Behalf of Shawn Taylor, PLLChttps://www.shawntaylor.com/?p=2530932024-03-08T15:40:19Z2024-03-08T15:40:19ZThe SSA has committed to improving practices
Although people of all backgrounds and ages contribute to Social Security, many people have a difficult time actually seeking benefits when they need support due to health challenges. Complex paperwork, lack of familiarity with the available benefits and even language barriers can prevent those who theoretically qualify for Social Security Disability Insurance (SSDI) benefits from securing the assistance they require.
The SSA has begun identifying and addressing issues that lead to less support for people in certain circumstances and members of certain communities. In 2022, the Equity Action Plan helped simplify the application for Supplemental Security Income (SSI), made more demographic information available to the public and updated SSA software/programs to make benefits more accessible. The agency announced its 2023 Equity Plan Updates in February 2024.
Those updates include a commitment to overcoming language barriers. The SSA intends to make the application process easier for those who don't speak English fluently. The SSA also announced the intention to reduce SSI underpayments while investigating the cause of those underpayments. Finally, the SSA plans to invest in awareness efforts to educate younger people about survivor benefits.
Those with language barriers and those unfamiliar with the potential benefits available might make mistakes or give up during the application process instead of pursuing the support they require. Learning about the SSA's changing policies might help people realize that they have an opportunity to apply, reapply or appeal a decision related to SSDI benefits.]]>On Behalf of Shawn Taylor, PLLChttps://www.shawntaylor.com/?p=2530922023-10-12T21:07:07Z2023-10-12T21:07:07ZUnderstanding the SSD appeals process
If you want to appeal the denial of your claim successfully, understand that the SSD appeals process involves specific deadlines and requires prompt action so that you can meet them. If your claim gets denied, you will receive a letter stating the reason for the decision.
You may need to gather additional information and evidence to support your claim, and quick action allows you the time to get additional medical documentation and other supporting evidence. If you get denied more than once, you can request a hearing, which keeps the claim process moving forward.
Continuity of care
When you act quickly to appeal your denied Social Security Disability claim, you may need to supply up-to-date medical records, which is an important component of an appeal. Your most recent medical records will also reflect your condition's severity, providing more supporting evidence for your case.
In many cases, a denial happens partly because the individual has not provided sufficient medical evidence to prove that their medical condition will keep them from working for at least 12 months. If you need more medical information, obtaining additional, current medical opinions can strengthen your appeal.
There is no limit to the number of appeals you can make to your claim, so it’s essential to continue necessary medical care to document evidence of your ongoing disability, regardless of where you are in the disability appeal process. As part of your claim appeal, you must prove that you are keeping up with your doctor’s recommended treatment plan.
Protect your finances
It is essential to appeal as quickly as possible to get the financial support you need and deserve without exhausting your savings. You could potentially miss out on back pay if you delay responding to your denied claim. If you need to appeal a second denial, you can request a hearing with an Administrative Law Judge. At the hearing, you can present new or relevant information about your condition to the judge and answer any questions about your case.]]>On Behalf of Shawn Taylor, PLLChttps://www.shawntaylor.com/?p=2530902023-10-11T22:48:47Z2023-10-11T22:48:47ZFinding ways to improve safety is a goal that is shared by individuals in many professions. However, as some fields are inherently more dangerous than others, the need for safety may be more prevalent in certain industries. If you work in the mining industry, you may face various hazards nearly every day, and you might wonder about what steps to take to improve miner safety.One area in which changes to mining regulations could help improve safety could pertain to regulations for silica exposure. Recent studies on this topic highlight the threat such issues place on the safety and well-being of miners. Addressing this data could help you prepare to step forward and push for changes to safety measures.
Silica exposure data
Data from recent studies highlights the risks of silica exposure among miners in West Virginia and neighboring states. Researchers indicate that, in the past four years, more than 80% of chest x-rays identifying large opacities involved miners from this region. Miner advocates assert that this stems from inadequate protective measures against silica exposure, placing miners at greater risk of developing illnesses such as black lung disease.Researchers also released shocking information from another study on the prevalence of black lung disease among miners in this region. Studies of data from 1970 to 2017 indicated that black lung disease affected more than 20% of miners with 25 or more years of experience in this field.Miner advocates are calling for changes to federal standards to bring increased protection against silica exposure to the mining industry. This includes requests to reduce MSHA permissible exposure limits. With the toll silica exposure can take on a miner’s health and life, advocates may feel that changes to safety regulations are a necessary component to improving safety in this profession.
Benefits and resources for miners
Unfortunately, silica exposure remains a prevalent concern in the mining industry, and the outcome of such issues could take a devastating toll on your health and well-being. Illnesses stemming from silica exposure could also affect your ability to return to work and prompt a variety of financial hardships in life.When facing similar issues, it may be understandable to have questions about what resources are available to you and what steps you can take to safeguard your future interests. Seeking guidance in addressing your situation could prove vital to helping you better understand your options and placing you in a position to seek the full amount of compensation achievable via the proper channels.]]>On Behalf of Shawn Taylor, PLLChttps://www.shawntaylor.com/?p=2530562023-08-15T21:41:47Z2023-08-15T21:41:47ZGetting it right the first time
Before you start your Social Security Disability benefits application, you need to find out if you qualify to receive them. There are two main criteria that SSA uses: medical and financial. The medical criteria examine whether your physical or mental condition is severe enough to prevent you from working and earning an income of at least $1,260 for the next year or could lead to your death.
Financially, you must have earned enough work credit (40), 20 of which you acquired in the last ten years ending with the month you became disabled. You receive one credit for each $1,640 you earn as of 2023, but this number is subject to yearly change.
What you need to know about applying
When submitting your Social Security Disability benefits application in West Virginia, make sure you include all the documents that prove your condition and your work history. This includes medical records, such as lab reports, doctors' notes, imaging tests, etc., and proof of income, such as W-2s and 1099 forms. Additionally, you need to provide an SSA-827 or Authorization for Release of Information form that allows them to access your medical records from third-party sources.
With all of these documents together, ensure they are complete and readable before submitting them. The SSA will return incomplete or illegible forms for corrections and cause delays in processing your application.
Navigating the process of applying for Social Security Disability benefits in West Virginia can be complex, but careful preparation and thorough understanding can substantially increase your approval chances. It's crucial to ensure your claim comprehensively demonstrates your disability and its impact on your ability to work. And if SSA denies your application, you can always appeal, even up to the Supreme Court.]]>On Behalf of Shawn Taylor, PLLChttps://www.shawntaylor.com/?p=2529362023-06-26T05:27:54Z2023-06-26T05:27:54ZThe review process
Individuals wanting to receive SSDI have to fill out paperwork and provide information about their respective disabilities to see if they meet the eligibility requirements. Qualifying individuals already receiving benefits may be subject to a rereview in the future, where the SSA evaluates the person's current medical condition and how it affects their employment capability.
You'll continue receiving social security disability insurance if there hasn't been any improvement in your medical health, and the rereview indicates as such. If the SSA determines that you're able to work, you'll no longer receive benefits. An appeal process upon denial is possible.
How the SSA gathers case information
The SSA reaches out to medical professionals you've recently seen, such as hospitals and private doctors, for more information about your specific condition(s) as a way to determine your eligibility. If you're deemed eligible to receive benefits, your current medical health and the findings by the SSA determine how long it will be until your next rereview.
What can end your benefits
You may also lose your SSDI if your monthly employment income meets a specific threshold. A couple of the other potential reasons for denial include knowingly giving false information to West Virginia's Disability Determination Services or not cooperating with its requests.
You can appeal a denial for social security benefits, but it's important to do so as soon as possible. If you get the appeal in within a specific time frame, your information will get another review.]]>On Behalf of Shawn Taylor, PLLChttps://www.shawntaylor.com/?p=2529352023-06-20T03:48:42Z2023-06-20T03:48:42ZWhat issues can affect your payment?
There are several factors that can affect the total amount of your SSD payments. The most important of these will be your work and salary history. The longer you have worked and the more you have earned, the higher your payment will be.
Currently, the average SSD payment amounts to $1,483 a month. In most cases, the total extent of your benefits can vary between $800 to $1,800 a month. The maximum amount of monthly benefits that a person can expect is just over $3,600.
Keep in mind that nearly two-thirds of SSDI recipients will get less than the average payout. In fact, only about 10% are currently eligible to receive an amount of $2,000 a month or more.
How can you determine your SSD payout?
The easiest way to determine the total extent of your SSD benefits will be to receive an official estimate straight from the source. You can do this by creating an online account at My Social Security. Once you do so, you can then input the requested information. You will then be given a number that you can rely on for future life planning.
If you should pass away while receiving your benefits, there are certain members of your family who may be eligible to inherit them. Eligible family members include your spouse, former spouse and children. This especially applies if your spouse is over 62 or caring for a disabled child.
People who qualify for SSD benefits can also be eligible for support from Medicare. To receive Medicare support, you will first need to complete an eligibility period. The normal time to do so is 24 months. Upon completing the eligibility period, you will then be entitle you to federal health care coverage.]]>On Behalf of Shawn Taylor, PLLChttps://www.shawntaylor.com/?p=2529322023-04-18T03:27:24Z2023-04-18T03:27:24ZSocial Security Disability approval is granted, it can take some financial pressure off of families. But, how long does the average applicant have to wait for relief?
How does Social Security Disability Insurance work?
Social Security Disability Insurance is a separate program from Supplemental Security Income (SSI). SSI provides benefits available to people with disabilities regardless of work history or age. The program was created to provide basic financial assistance if someone of any age cannot work due to a genetic or chronic condition and meets the income threshold.
For example, parents with few financial resources can receive this assistance on behalf of children with conditions like autism. Low-income adults who have a qualifying condition can also receive payments.
Eligibility and disbursements are different for SSDI recipients.
Who qualifies for SSDI?
The Social Security Disability Insurance program is only available to those who have earned credits through their employment and developed a qualifying condition that prevents them from working for an extended period.
The Social Security Administration (SSA) defines disability as the "inability to do any substantial gainful activity because 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 12 months."
Proving such a disability often requires completing a significant amount of documentation, including medical evaluations and prognoses.
Average turnaround time from application to approval
There are currently more than one million people awaiting approval for SSDI benefits. This is the agency's highest backlog level for approval since 2008.
The average turnaround time for approval or denial was 3 - 4 months, but that time frame has doubled over the years.
The reasons for the extended wait times are several, including:
Loss of contributing workers, especially since the pandemic
Fewer human and financial resources available to process applications
Fewer employees paying into the program at the state level
To address shortfalls and process the increase in applications, Congress is considering a request for an additional $800 million in funding.]]>On Behalf of Shawn Taylor, PLLChttps://www.shawntaylor.com/?p=2529302023-03-09T21:32:58Z2023-03-09T21:32:58Zsubstantial gainful activity” (SGA) comes into play. SGA is work that provides significant payment over the threshold that the Social Security Administration (SSA) allows. If a person has the ability to perform “substantial” work, then they are not considered to be disabled. SSD benefits are only available to people who cannot engage in SGA.
Monthly earning limit of $1,470
For this year, a person may earn up to $1,470 per month and remain eligible for SSD benefits. Blind people, however, may earn up to $2,460 per month. Any amount above that is SGA.
The SSA will deny benefits to anyone who earns more than these amounts. Also, current SSD recipients will lose their benefits if their earnings exceed these amounts. Each year, the SSA adjusts the SGA limit.
Nearly 50,000 had benefits terminated in 2020
In 2020, the SSA terminated benefits for nearly 50,000 disabled workers because they returned to work and earned above the SGA limit.
Beneficiaries also must be alert to the fact that the SSA may terminate their benefits even if they earn less than the SGA limit. The government will only do this if it establishes that the beneficiaries have the ability to return to substantial work stemming from changes in their medical condition or abilities.
Understand SGA details
Recipients of SSD benefits should be aware of the rules pertaining to substantial gainful activity. You may continue to work but limitations exist on how much you may earn without losing your benefits.]]>On Behalf of Shawn Taylor, PLLChttps://www.shawntaylor.com/?p=2529292023-02-15T05:28:48Z2023-02-15T05:28:48ZListed conditions
The Social Security Administration (SSA) has a list of impairments that are considered disabling enough to qualify for SSDI. These conditions are broken down by bodily system, and there are separate lists for adults and children younger than 18. While a listed impairment will still need to be evaluated, an individual who has a listed condition might have an easier time being approved. Listed conditions are broken down into the following categories and can be found on the SSA's website:
Musculoskeletal disorders
Cardiovascular system
Hematological disorders
Congenital disorders affecting multiple systems
Cancer
Special senses and speech
Skin disorders
Digestive system
Immune disorders
Neurological disorders
Respiratory disorders
Genitourinary disorders
Mental disorders
Endocrine disorders
Numerous conditions are listed under each of the above categories.
What if you have an unlisted condition?
If your disabling condition doesn't appear on the SSA's list of impairing conditions that qualify for Social Security Disability benefits, that doesn't mean that you are ineligible for SSDI. However, you will have to present thorough evidence to support your claim and show how your condition impacts your ability to perform substantial gainful activity. The types of evidence that will be needed include medical records, lab reports, diagnostic tests, doctor's notes, and other evidence that shows the severity of your condition and how it affects your ability to function at work and while performing basic tasks.
The process involved with getting approved for SSDI can be long and complicated. It's important for you to see your doctor regularly and follow all treatment recommendations you receive. Having thorough treatment records can help to show that your condition is sufficiently disabling to support your claim.]]>On Behalf of Shawn Taylor, PLLChttps://www.shawntaylor.com/?p=2529272022-12-23T01:57:28Z2022-12-21T01:56:51ZQualifying for SSD
Those in the program are disabled and unable to continue working in their old jobs and are not able to retrain for new work. In addition, SSD recipients have also paid enough in Social Security deductions to qualify for SSD coverage.
Unlike some benefit programs, such as Supplemental Security Income (SSI), which is also administered by the Social Security Administration, qualifying for SSD depends on being disabled and unable to work, not how much money or assets you have.
Cash benefits
Once you qualify for the program, you will receive cash benefits each month. The amount of your benefits depend on your work history and earnings. In addition, after you have completed a 24-month eligibility period, you will also qualify for Medicare, a federal health care coverage program.
Members of your household may also be entitled to cash benefits through SSD. Your spouse who is over 62 or who is caring for a minor child or a child who is disabled. You will also receive cash benefits for your unmarried minor children, as well as an adult child who is disabled and who became disabled before the age of 22.
What if SSD isn't enough?
Because your SSDI benefit is based on your earnings while you were still able to work, you may find that your benefit amount isn't enough to live on. If this is the case, and you meet federal guidelines, you may also be eligible for other benefits programs, including SSI, SNAP (food stamps) and assistance with your utilities.
SSD can provide you with the income you need to pay your bills. It can take time for your claim to process, however, so it is important to research the program and begin your application when you become disabled.]]>