If I am found disabled, are my children entitled to benefits? Yes
If a parent is disabled, children who are: under 19, still in high school or disabled prior to age 22 are entitled to benefits. The benefit received by a dependent child is limited to 50% of the parent’s monthly benefit.
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On Thursday, November 10, 2011, at 10:00pm, the Idaho State Police investigated a one vehicle semi crash on US 95 north of Weiser. James Johnson, 61 from Clarkston, WA, was southbound on US 95 at mile marker 93.6. He was driving a semi tractor and trailer that was loaded with lumber. Johnson came around the curve at Mann’s Creek Store where he was confronted with several head of cattle in the roadway. As he swerved to miss the cattle, the load shifted and the truck and trailer overturned spilling the lumber in the roadway. The tractor turned on its side and the trailer flipped on its top coming to rest in the middle of the road blocking both lanes. Both lanes were blocked for four hours to allow crews to upright and remove the semi.
The crash is under investigation
If you have been injured due to the negligence of another, call us! 1-800-255-4134
Can alcohol and drug addicts really get Social Security Disability benefits?
Not anymore. Congress has now prohibited Social Security from paying benefits on the basis of drug addiction or alcoholism. In a nutshell, the law states that if SSA determines that the claimant is disabled but that the drug abuse or alcoholism (DA&A) is a contributing and material factor to the claimant’s disability determination, the claimant cannot be found disabled and receive benefits. Put into simple terms, this means that the disability would not be there if the person did not abuse alcohol and/or drugs, and if the claimant stopped drinking alcohol or abusing illegal drugs, he/she would no longer be disabled. If an alcoholic or drug addict becomes disabled for reasons other than their addiction, they can become eligible for Social Security Disability benefits. For example if you have a severe back impairment, involving multiple surgeries before you were finally diagnosed with failed back syndrome, it would be silly if Social Security could find that if you stopped drinking or using drugs you would no longer be disabled from your back impairment.
However if you have only have mental impairments, you will probably lose your case. This is because most psychiatrists and psychologists would consider your primary problem to be addiction-related. They would have to be able to examine you after a period of sobriety of over a month before they could reach an opinion as to what your diagnosis would be. Often when a person can stay clean for a few months and your doctor can evaluate you both in a clean state and when under the influence, it is not surprising the doctor often notes great improvement in mental functioning after a period of sobriety. For example, alcohol is a depressant. Your alleged impairment is Major Depressive disorder. It is logical that drinking alcohol will make your condition worse.
Any mention of drug addiction or alcoholism in your medical or social security records or at your hearing is highly detrimental to your claim. You should stay away from illegal drugs and alcohol consumption altogether and get treatment.
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If I am approved for Social Security Disability benefits, how much money will I receive?
The amount of your monthly benefit check is not based on financial need. Your potential benefits are based upon the income you have earned throughout all of your working years. Payment of benefits is based on the average amount earned, which is determined by your Social Security records, and which is sent annually to you in a pamphlet telling you what you would likely receive if found to be disabled.
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How is Substantial Gainful Activity (SGA) determined?
To be eligible for disability benefits, a person must be unable to engage in substantial gainful activity (SGA). A person who is earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA. The amount of monthly earnings considered as SGA depends on the nature of a person’s disability. The Social Security Act specifies a higher SGA amount for statutorily blind individuals; Federal regulations specify a lower SGA amount for non-blind individuals. Both SGA amounts generally change with changes in the national average wage index. In 2011, SGA is $1,000 for non-blind individuals and $1,640 for blind individuals.
Amounts for 2012
The monthly SGA amount for statutorily blind individuals for 2012 is $1690. For non-blind individuals, the monthly SGA amount for 2012 is $1010. SGA for the blind does not apply to Supplemental Security Income (SSI) benefits, while SGA for the non-blind disabled applies to Social Security and SSI benefits.
Trial work period
After a person becomes eligible for disability benefits, the person may attempt to return to the work force. As an incentive, SSA provides a trial work period in which a beneficiary may have earnings and still collect benefits.
Call us for help on your Social Security Disability/SSI case. 1-800-255-4134.
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Social Security takes the position that it is not up to your doctor to determine whether or not you are disabled. They will make their own decision based on the evidence they choose to consider. Most claims are denied because the medical proof is not sufficient to prove that you are totally disabled. This could be because your doctor does not understand the legal requirements or because Social Security reviewers misinterpreted the medical records. Social Security will rarely deny that you have a medical diagnosis, or deny that you are impaired, but they will deny that you have proven the legal requirements of being “totally disabled.” Our lawyers and staff work with our clients’ medical providers to make certain that the medical proof in your case is as strong as possible.
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Do you have to be permanently disabled to receive Social Security Disability benefits?
No. You have to be disabled for at least a year or be expected to be disabled for at least a year. If you expect to be out of work for a year or more due to illness or injury, you should file for Social Security Disability benefits.
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On Sunday, October 30, 2011, at approximately 10:01 pm, the Idaho State Police investigated a one-vehicle fatality crash near the intersection of Danskin Road and Canyon Creek Road in Elmore County. A green Chevrolet pick-up truck was traveling eastbound on Danskin Road when for unknown reasons it drifted off the right shoulder and then back on to the road way where it overturned. There were four occupants in the vehicle, two of which were ejected from the vehicle. Of those two one was pronounced dead at the scene. At this time names are not being released until notifications can be made. Alcohol is thought to be a factor in this crash and it is unknown if seat belts were worn.
Our attorneys help the injured and take wrongful death cases. Call now! 1-800-255-4134
Can I get workers’ compensation and Social Security disability benefits?
Yes. Workers’ Comp benefits may reduce your Social Security benefits, but in almost all cases, some Social security benefits are still paid. We encourage people to apply as soon as possible so they don’t have a lapse in income between worker’s comp ending and Social Security Disability benefits beginning.
Call our attorneys for help on your Idaho workers’ comp, Washington L&I, and Social Security Disability cases! 1-800-255-4134 or 208-743-2313
No. There are no percentages of disability for Social Security benefits. You are either 100% disabled or you are not. Call our attorneys for help on your social security disability or SSI case! 1-800-255-4134.
