Gardberg & Kemmerly, P.C. Attorneys at Law

December 2018 Archives

What is a Continuing Disability Review?

Many times when a Social Security Disability (SSD) claim is approved, an Alabama judge will also order a Continuing Disability Review, also known as a CDR. Some illnesses for which claimant's apply for disability can have significant improvement with the correct treatment and patient compliance. In many cases, especially those in which a claimant is diagnosed with a progressive disease, such as diabetes, symptoms worsen drastically over time without treatment.

What is the difference in SSI and SSD benefits?

Many may think that Supplemental Social Security Income and Social Security Disability benefits are one and the same. However, they are two separate Social Security programs with differing purposes and qualifying criteria.

Disabled Widow's Benefits

A disabled widow's benefit is paid to the disabled spouse of a deceased worker who had earned enough Social Security credits. In order to receive disabled widow's benefits, the widow (or widower) must meet the following requirements:

Do you qualify for disability benefits?

At some point, everyone experiences an illness or injury that puts them on the sidelines for a few days or weeks. A bad flu, surgery or traumatic health event may require hospitalization and a long recovery before you are feeling fit enough to get back to work and into the swing of life again.

What Is a "Closed Period" In a Social Security Disability Case?

Most people who apply for Social Security Disability are alleging that they are disabled and will continue to be unable to work for an indefinite amount of time.  However, here in Alabama, Florida, and Mississippi, it is not uncommon for a Social Security disability or Supplemental Security Income case to take up to two years from start to finish.  During this wait time, some people recover from their disabling condition and are able to return to work.  What happens to his or her case when this happens? 

Can Veterans draw Social Security Disability benefits for PTSD?

Post-Traumatic Stress Disorder, commonly known as PTSD, can severely affect military veterans upon return to civilian life. Symptoms can become severe, to the point of hindering a person from being able to function normally in society or hold down a full-time job. Therefore, Social Security Disability benefits are available to Veterans in addition to any Veterans' disability already paid by the U.S. Department of Veterans Affairs.

Holidays can be Difficult for Those Filing for Disability

The holidays can be especially taxing for those without income. Many already struggle with providing every day food and medications for themselves or loved ones. With the holidays, comes a time, when family and friends, especially children, expect gifts that some just may not be able to afford. This is especially true for people filing claims for Social Security Disability and facing lengthy wait times on their claims.

Can I receive worker's compensation & Social Security Disability?

Though there has been much discussion of this topic over the years, the answer is yes. A claimant may draw both Worker's Compensation, as well as Social Security Disability benefits simultaneously. However, there are some restrictions, and laws differ by state.

Making the Switch from Social Security Disability to Social Security Retirement

Once you have applied for your Disability Insurance Benefits (DIB) and have been found disabled, you will begin to receive your disability benefits. Many people wonder about the process of switching from disability benefits to retirement benefits once they hit retirement age. This is one thing that the Social Security Administration makes very easy. When you reach full retirement age, you will automatically be switched from disability to retirement. There is absolutely nothing that you need to do to switch to your retirement benefits. The automatic switch only happens once you reach full retirement age, not early retirement. The chart below indicates at what age you will receive retirement benefits.

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