Can you add Social Security disability benefits to your Social Security retirement benefits? What about if you are already disabled and are approaching retirement age. Will you still receive Social Security disability benefits?

Unfortunately, the answer from Social Security is, no. Once you reach retirement age for Social Security, if you are already on Social Security disability, your benefits are converted into retirement benefits. If you are already receiving Social Security retirement benefits, you are not eligible for additional disability benefits from Social Security.

See Social Security for more information.

The post Can you get both Social Security disability and retirement benefits? appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

Many aging parents take care of their disabled children well into adulthood. These children often have little or no earnings which means they may not qualify for Social Security Disability Insurance (Title 2 benefits) on their own earnings. When they apply for Social Security disability, they are told they have not worked long enough (or do not have enough “quarters”) to qualify for Social Security disability benefits.

This results in the children applying for Social Security Supplemental Security Income (SSI). However, SSI has many restrictions, such as income and asset limits. This prevents parents or others from providing support for their adult children because it may risk their eligibility for SSI. The same happens if the adult children receive a gift, inheritance or settlement. It that case, it is important to look into the possibility of a special needs trust.

However, there is another disability program available under Social Security which may help. Social Security Disabled Adult Child (DAC) benefits allow an adult child to receive Disability Insurance benefits (Title 2 benefits) based on the parent’s contribution to Social Security. Also, the “adult child” can be an adopted child, or, in some cases, a stepchild, grandchild, or step-grandchild.

Both the parents and the child have to meet several requirements for the child to be eligible for Disabled Adult Child benefits. The parent has to be either:

• Deceased, or
• Receiving Social Security retirement benefits, or
• Receiving Title 2 Social Security Disability Insurance benefits (Supplemental Security Income benefits are not enough).

The child has to be

• Over 18, and
• Unmarried, and
• Have a disability that started before age 22.

Note: the parent, the child has to meet all three of these requirements and have a parent who is either deceased, receiving Social Security retirement or Title 2 Social Security Disability Insurance benefits to qualify for disabled adult child benefits.

You can find more information about Social Security’s disabled adult child benefits program here and here.

The post Social Security disabled adult child benefits appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

Kidney disease & renal failure often qualifies individuals for Social Security disability benefits. The fatigue, dialysis, and memory issues can make any kind of work nearly impossible! One of the fastest ways to be approved for Social Security disability benefits for kidney disease is if your condition meets the requirements of Listing 6.00 for Genitourinary Impairments (information about children’s disability for kidney diseases is available at Listing 106). Adult impairment of renal function is discussed at 6.02:

6.02 Impairment of renal function, due to any chronic renal disease that has lasted or can be expected to last for a continuous period of at least 12 months. With:

A.Chronic hemodialysis or peritoneal dialysis (see 6.00E1).

OR

B. Kidney transplantation. Consider under a disability for 12 months following surgery; thereafter, evaluate the residual impairment (see 6.00E2).

OR

C. Persistent elevation of serum creatinine to 4 mg per deciliter (dL)(100 ml) or greater or reduction of creatinine clearance to 20 ml per minute or less, over at least 3 months, with one of the following:

1. Renal osteodystrophy (see 6.00E3) manifested by severe bone pain and appropriate medically acceptable imaging demonstrating abnormalities such as osteitis fibrosa, significant osteoporosis, osteomalacia, or pathologic fractures; or

2. Persistent motor or sensory neuropathy (see 6.00E4); or

3. Persistent fluid overload syndrome with:

a. Diastolic hypertension greater than or equal to diastolic blood pressure of 110 mm Hg; or

b. Persistent signs of vascular congestion despite prescribed therapy (see 6.00B5); or

4. Persistent anorexia with weight loss determined by body mass index (BMI) of less than 18.0, calculated on at least two evaluations at least 30 days apart within a consecutive 6-month period (see 5.00G2).

To qualify under this listing, you have to meet either A, B, or C described above. Print out this article and take it to your doctor or nephrologist. If your doctor says your condition meets the Social Security requirements, ask him or her to put it in a written report you can provide to Social Security. It may allow Social Security to approve your case and shave months off the waiting time for  a hearing.

Even if your condition does not meet the requirements of the above listing, you may still be eligible for Social Security disability benefits if your condition prevents you from being able to do some type of full-time work. One of the best ways to document this is by using a “Medical Source Statement of Workplace Limitations” or “Residual Functional Capacity (RFC)” form. These RFC forms can be completed by your doctor or healthcare provider and describe your work place limitations. The RFC forms show Social Security your limitations with sitting, standing, walking, lifting, and the number of hours you are able to work. You can find free Social Security RFC forms here.

The post Social Security disability for kidney disease appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

How long you have to wait to get your Social Security disability hearing is one of the most common questions I receive in my Colorado disability law office. Each disability representative has his or her own experience with the wait times. However, you do not have to rely on knowing a disability lawyer to get the Social Security hearing wait times.

Social Security has two reports showing you how long you may have to wait. Hearing wait times are from the time you file your appeal (requesting a hearing), to the time your hearing may be scheduled:

• Hearing Office Workload Data shows the number of cases pending and average processing times (by number of days) (pdf link).
• Average wait time report shows hearing office times by month (pdf link).

The first report shows you Social Security wait times by number of days (and also includes the number of cases pending at that office):

The second report shows you wait times by number of months.

The second report is also useful if you know the Social Security hearing office ”site code” and want to see which office is working on your case. You can do a search for the site code to which office it corresponds to.

For example, if you get a document listing the site code as T0Q, you can find that it refers to the National Hearing Center in Chicago.

You can also go directly to the Social Security web site for updated hearing wait time information: here and here.

The post Social Security disability hearing wait times appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

This week, Disability Tips looks at the stages and appeals in Social Security disability cases: application, reconsideration, hearing, appeals council and beyond! We also discuss:

• How long do Social Security cases take at each stage.
• What are your chances of winning Social Security disability benefits at each state / What percentage of Social Security disability cases get approved.
• When to request medical records for your Social Security disability case.
• Why medical records at hearings are often a year or more out of date.
• When to get a Social Security disability limitations form completed by your doctor.
• How long you have to appeal a Social Security disability denial.
• Which states skip the Reconsideration step and go straight to a hearing.
• When to expect Social Security to send you to a consultative examination.
• What happens at a Social Security hearing.
• How the Appeals Council stage is different from everything that has happened before on your case. (Note: here is more information you need to know about the Appeals Council).

Give it a listen:

Subscribe and rate DisabilityTips on iTunes or subscribe in your favorite podcatcher via RSS.

The post DT8 Social Security disability stages and appeals explained appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

I’m getting ready for the NADR national Social Security disability representative conference where I will be co-presenting a Social Security disability basics course. I have also been working on updating the FAQ (frequently asked questions) page and moving it over from the firm site to this site. The FAQ is changing its name to “Questions and Answers.” You can see it in the title bar above. One of the new features is the ability to suggest a question. Take a look and suggest a question.

This week’s Disability Tips goes in depth on several of the “am I disabled” questions that frequently come up:

• I’m hurt, can I get Social Security disability benefits to go back to school?
• I can’t get hired. Am I disabled?
• I can’t do my old job. Am I disabled?
• I can’t do my regular well paid job. Am I disabled if I can only do a minimum wage job?
• I can’t get hired because of my criminal record. Am I disabled?

I hope you like it!

Tell me what you think. Leave a comments below. If you want to talk back,  send me a voicemail at the Disability Tips voicemail: (719) 357-7099.

And it really make a difference if you subscribe, give us a rating and review Disability Tips on iTunes. Thanks!

The post DT7 Social Security disability-Am I disabled if… appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

Ever feel ignored by your Social Security disability lawyer? Or, can’t remember the first thing about your case?

• What happens after you hire a Social Security disability lawyer or law firm?
• Is your representative really working on your case?
• Has your case been outsourced?
• Who gets to see your medical records?
• What does an attorney do between appointments?
• Who’s really worse: lawyers or used car salesmen?

This week’s Disability Tips discusses how Social Security law firms REALLY run!

Got a burning question about lawyers and disability case? Ask it in the comments. Or, leave a message at the Disability Tips voicemail: (719) 357-7099.

And if you like Disability Tips, consider subscribing and giving us a rating on iTunes.

The post DT6 How Social Security law firms REALLY work appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

This week’s Disability Tips addresses the taxability of Social Security disability benefits, both for federal and state taxes. Listen in for a list of states which may impose an income tax on your Social Security disability benefits. Also, find out how disability impacts the Earned Income Tax Credit and the exceptions for disabled children.

Disability Tips also looks at Social Security roll-back of the “secret administrative law judge” program. Hear why the program was bad for disabled Social Security applicants, the lawyers who represent them and even the judges who hear cases.

Show links:

• Are your Social Security disability benefits taxable? - http://bit.ly/dt-ssatax
• IRS addresses taxability of SSI benefits - http://bit.ly/dt-irs
• Which states tax Social Security disability benefits - http://bit.ly/dt-statetax
• Disability and Earned Income Tax Credits (EITC) - http://bit.ly/dt-irseitc
• EITC age limit for qualifying child - http://bit.ly/dt-eitc-age
• Tax help for the disabled - http://bit.ly/dt-irshelp

You can also leave comments and suggestions for show topics at the Disability Tips voicemail: (719) 357-7099.

Thanks for listening and if you like Disability Tips, consider subscribing and giving us a rating on iTunes.

The post DT5 Are Social Security disability taxable? Which states tax? Disability and the EITC appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

This week’s episode of Disability Tips covers what to do if you are fired by your disability lawyer. There are a number of Social Security disability lawyers and law firms out there that are happy to take a case. However, when it comes to get ready for a hearing, they decide that the chances of winning are too low (and too much of a risk to their win / loss record). So, they drop the case (and the client).

However, you cannot afford that same luxury. You would not be applying for disability if you had other options. You still have to go on and try to prove your case. This week’s episode covers:

• How to request your file.
• What to do if your lawyer refuses or delays releasing your file.
• What to do if your lawyer wants to charge for the file.
• What you should also get from your lawyer.

The post DT4 Fired by your Social Security disability lawyer? appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

Today’s Disability Tips reviews the mistakes and pitfalls that can occur when you handle your own Social Security disability case.

Links:

“Apply Right: How to Apply for Social Security Disability Online the Right Way the First Time!”  : http://applyrightbook.com

Social Security approval rate: http://bit.ly/dt-percent

Disability defined :  http://bit.ly/dt-defined

5 step sequential evaluation process : http://bit.ly/dt-5step

Acceptable sources for diagnosis : http://bit.ly/dt-dx

Unemployment and Social Security disability : http://bit.ly/dt-ut

Medical Marijuana and Social Security disability : http://bit.ly/dt-mmj

The post DT3 Mistakes and pitfalls in Social Security disability cases appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

Whether you are trying to get Social Security disability benefits without a lawyer or working with an attorney, you may have to get your own medical records. Episode 2 of Disability Tips walks you through how to get your records from your doctor’s office including:

• When to request medical records?
• What medical records to ask for?
• How far back to go?
• How to save your hard-earned money when requesting records (and especially hospital medical records).

I also discuss how to use a free HIPAA complaint medical records request authorization (link to pdf). This is based on the same authorization my Colorado Social Security law office uses! I have added form fields so the authorization can be completed online, as well as printed out.

Feel free to use this authorization if you feel it may help you on your Social Security disability case. I am making it available via a Creative Commons Attribution, Non-Commercial use license. So, it is fine for personal use.

Links:

• Richard Lamb’s list of medical record costs by state.

The post DT2 How to request medical records on your Social Security disability case. appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

While medical records are the main source of Social Security disability evidence, lots of people stop there. The sad truth is medical records often are not enough to win disability benefits. And, if you have no health insurance, you may not even be able to see a doctor (and medical records may not be an option). So, whether your goal is to strengthen your disability claim, or you need alternative sources of evidence, you may need to think outside the box. This inaugural episode of Disability Tips goes over some of the unsung and overlooked sources of Social Security disability evidence. Learn how documents from schools, former employers and agencies can improve your chances of winning Social Security disability benefits.

Got a source of overlooked evidence to share? Leave a comment below or send me a message at the Disability Tips voicemail: (719) 357-7099. And if you like Disability Tips, consider subscribing and giving us a rating on iTunes.

The post DT1 Overlooked Social Security disability evidence appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

If you have been approved for Social Security disability (Title 2 - Social Security Disability Insurance), you already know Social Security Medicare health insurance does not start until you receive 24 months of disability benefits.* While this waiting period includes back period months, many people still have to wait a year or longer to become eligible for Medicare. So, you have some money coming in from Social Security. However it is not enough to get private health insurance. And, you may be getting too much in monthly Social Security benefits to be eligible for Medicaid. So, how do you bridge the Social Security Medicare health insurance waiting period?

Talk about a rock and hard place situation!

However, there it is little known program under the Colorado Health Care Affordability Act that lets you “buy-in” to Medicaid during this waiting period. It is called the Medicaid buy-In Program. There are separate programs for adult and children. Note: the program is not only for people waiting to be eligible for Medicare benefits. However, it may help you if you are in that situation. Keep in mind that this program is for people who are disabled. For more information, take a look at this information sheet (pdf link).

The “buy-in” part is that you pay a premium based on your family size and income (premiums go from $0 to $200 per month). Here is the premium information sheet.

*Note: the one exception that let’s Social Security waive the 24 month waiting period is in cases of ALS (Lou Gehrig’s disease).

The post Bridging the Social Security Medicare health insurance waiting period appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

What information will you need to apply for Social Security disability benefits?

The truth is Social Security requires a lot of information when you apply for Social Security disability benefits and Supplemental Security Income (SSI): from your education background and work history (job titles, how long you worked, and any accommodations you were given) to information about your doctors and the medications and tests prescribed. Social Security even asks for information about your current and past marriages.

Here is an easy visual guide of the information you have to give to Social Security when you apply.

Save, print and share this infographic with your friends applying for Social Security disability benefits.

For a step by step guide to the Social Security disability application, check out Apply Right!

The post What you need to apply for Social Security disability infographic appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

Can I tell you how much fun it’s been making a “kinetic typography” trailer for “Apply Right: How to apply for Social Security disability online the right way the first time!” It has been awesome! Like most things it took longer than expected. Parts broke, text got in the wrong order, highlighting didn’t work. Finally, I got a working run through.

In case you are asking “What’s Apply Right?” “Apply Right” teaches you how to apply for Social Security disability benefits the right way the first time. You’ll discover the secrets of what Social Security is looking for, and how to avoid mistakes that can drag out your case or get you denied.

Let me know what you think!

http://www.youtube.com/watch?v=me9yzRUnP88

The post “Apply Right” how to apply for Social Security disability trailer appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

Do you have any idea how to apply for social security disability benefits? No one does! Not until they waste months (even years) waiting on Social Security. I have seen too many wonderful disabled people in Colorado get denied for little mistakes on their disability application. As a disability lawyer, I decided to do something about it. I made an affordable walk-through of the Social Security disability application with screenshots and explanations to help you apply right.

However, you do not have to take my word for it, “Apply Right: How to apply for Social Security disability online the right way the first time!” is getting terrific reviews on Amazon! I always wanted to make a simple explanation of how to apply for Social Security disability benefits, the pitfalls to watch out for and how to put your disability case in the best light.

I am thrilled it is getting such a positive response! Thank you for reading! And thank you for the reviews!

The post Reviews for how to “Apply Right” for Social Security disability benefits appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

“Apply Right: How to apply for Social Security disability online the right way the first time!” an easy “how to” guide to Social Security disability applications is a “Hot New Release on Amazon. I am awfully grateful to Amazon for the privilege! Check out the “Apply Right” page for sample pages and reviews of this easy to use Social Security application guide.

And THANK YOU!

The post How to “Apply Right” for Social Security disability is a “Hot New Release” appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

I couldn’t be happier that “Apply Right: How to apply for Social Security disability online the right way the first time!” made it to the top of Alltop’s list of most popular disability news stories.

“Apply Right” provides a walkthrough of the Social Security online application with tips and explanations. “Apply Right” shows you how to avoid mistakes and guides you through the Social Security disability application screen by screen. Want more information? Check out sample pages, reviews and even a trailer for “Apply Right.”

I hope you like it.

The post “Apply Right” Social Security application guide tops Alltop appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

Need help applying for Social Security disability benefits?

I have moved the content from this post over to the Apply Right page. I have added sample pages, screen shots, reviews, and a whole mess of other goodies there. You can check out the video trailer for “Apply Right.”

I know some people wish “Apply Right” had come out as a physical version (dead tree edition). I do too. However, right now I can off “Apply Right” for less than 10 bucks as digital edition. A paper version would cost quite a bit more. It is a niche book and there aren’t “50 Shades of Gray” economies of scale with making a physical run of this book.

However, if you can read this, you can read “Apply Right” (even if you do not have a Kindle or Kindle Fire device). You already know about the Kindle apps for smart phones. Did you know you can read Kindle ebooks through desktop apps or even over the web. Yup. That’s why I say if you are reading this, you can read “Apply Right!” ”Apply Right” is available now on Amazon Kindle. Get “Apply Right” Today!

I hope you like it. Let me know what you think!

The post “Apply Right” for Social Security disability benefits appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.

Applying for Social Security disability benefits is about to get much easier! “Apply Right” guides you through the application page by page. You see each screen with explanations and tips.

I am almost ready to publish “Apply Right: How to apply for Social Security disability online the right way the first time!” 

I am putting on the final touches, crossing the t’s and dotting the i’s.

UPDATE: “Apply Right” is LIVE!

The post “Apply Right” is getting closer! appeared first on Colorado Springs Social Security Disability Lawyer Tomasz Stasiuk.