November 21, 2018

SOCIAL SECURITY DISABILITY BENEFITS AND UNEMPLOYMENT BENEFITS: TO TAKE OR NOT TO TAKE?

In Florida, if you qualify for both unemployment and Social Security, you will receive your full check under each program; Florida will not reduce your unemployment benefit if you’re getting Social Security.

However, filing for Social Security disability benefits while receiving unemployment benefits is problematic, because you are sending each program contradictory messages .

TO COLLECT OR NOT TO COLLECT: WHO SHOULD AND WHO SHOULDN’T?

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RE-OPENING A SOCIAL SECURITY DISABILITY CASE THAT WAS CLOSED

Consider the case of an application for Social Security benefits filed by a parent or guardian on behalf of a minor or mentally incompetent person. The initial application is turned down several times on separate occasions. The claimant, who was not represented by an experience Social Security Disability attorney, did not file for reconsideration on any application within the 60 day appeal period.

Four years pass and a new application is filed; the claimant for the first time is represented by an attorney. The Social Security Administration (SSA) denies the application, taking the position that the administrative determination more than four years old could not be reopened, that the prior decisions are final and they bar the claim.

WHEN HIRING AN ATTORNEY CAN CHANGE THE INEVITABLE

But this time around, the claimant has an attorney by his side. The Court of Appeals overruled and reversed the SSA decision.  The Court decided that the claimant did not have the mental competence necessary to request review of the original appeal and ruled that the Social Security Administration must reopen the prior determination and issue a revised determination. This is how experienced Social Security Disability attorneys can make the difference in their client’s lives.

What to look for when selecting a Social Security Disability Attorney.

Social Security Disability law is complex. The experienced attorneys at Hoffman, Larin and Agnetti, PA offer a free consultation so that you can learn your rights. There are no fees for representation before the Social Security Administration in disability claims, unless we win. We have offices throughout south Florida in Dade, Broward and Monroe Counties for your convenience.

MENTAL DISORDERS AND SOCIAL SECURITY DISABILITY BENEFITS

Over 11 Million people around the country collect Social Security Disability (SSD) benefits including 1.6 Million children of disabled workers.

Many of these rely on SSD for many reasons, from physical ailments to mental challenges.  Sadly, though SSD exists to help those in need, social stigma about mental illness has made many people reluctant to seek help. But it is getting better.

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