Gardberg & Kemmerly, P.C. Attorneys at Law

January 2014 Archives

WHY DO I NEED A DISABILITY ATTORNEY?

Many individuals entitled to disability benefits are denied by the Social Security Administration on a daily basis. Although the Social Security Administration does not require you to have a disability attorney, there are numerous benefits to hiring a disability attorney to represent you in your application for Social Security disability benefits.

Why Same-Sex Couples Should Apply for Social Security Benefits Now

Currently SSA is processing and approving claims for same-sex spouses of retired workers if the couple is married and currently living in a state that recognizes same-sex marriages. But what if you live in Mobile or Pensacola or Biloxi? Alabama, Florida, and Mississippi do not currently recognize same-sex marriages. What should you do if this applies to you? In short, if you meet all of the other requirements for Social Security benefits, you should apply now to preserve your filing date. These claims will be held until SSA issues further instructions on processing. There is no indication yet on when SSA will establish a new policy for processing these claims, but protect yourself and your filing date by filing your claim as soon as possible. For frequently asked questions about U.S. v. Windsor, the repeal of DOMA, and how this affects Social Security benefits, you can find more information at www.ssa.gov/doma.

Your Nurse's Opinion Matters

A recent decision in a Federal District Court held that a nurse's treating records for Social Security disability cases must be considered by the Administrative Law Judge, despite the same not being considered "acceptable medical sources".

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