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Posted by on Oct 29, 2014 in Uncategorized | 0 comments

Things Not To Do While Waiting To Be Approved For Your Social Security Disability Claim

If you have been injured seriously enough that you have applied to receive social security disability benefits, the wait for a final decision can be difficult. While you are waiting, there are certain things that you may not want to do that could cause you to receive a denial.

Working Before Approval

It would be best if you do not work while you are waiting for an initial decision. And although the temptation may be strong to work part-time while waiting for your claim to go through, you may want to avoid doing so during this period. It could be argued that since you are able to work even a small amount, you do not really need the benefits.

Once you have been approved, however, you should be able to go back to work on a limited basis. During the first nine months, referred to as the Trial Work Period, you will be able to make a maximum of $770 per month. After that, you will be allowed make $1,070 per month during the Extended Period of Eligibility. Both of these can be done without losing any of your benefits.

Going To School

Just like working during the waiting period, going to school could count against you while you are trying to prove your disability. The committee could state that you are well enough to attend classes. Therefore, they could decide that you are not as disabled as you claim to be.

Once you have started receiving benefits, you may be able to start going to school again. If you do, you will want to limit your course load per semester in order to keep from losing your benefits.

Moving Without Letting The Government Know

If you need to move while your disability claim is being processed, it is important that you let the government know your new address. You can either inform them yourself or have your attorney do it for you, if you have one.

Not giving the Social Security Administration your new address could negatively impact your decision in two ways. First, it may show them that you are not fully disclosing all information to them. Full disclosure and cooperation is a major key in being approved for your benefits.

Second, you may miss an important letter from the SSA that requires you to contact them or attend a hearing. For example, if they need a copy of your latest medical records by a certain date they may send a letter. If they send it to your old address, you may miss that deadline because it was delivered to the old address or forwarded to you after it was too late.

This could be viewed as noncompliance in their eyes. If the records are not received, they may deny your claim by default.

Refusing To Go To Prescribed Treatments

Once a doctor has stated that you are disabled, they may prescribe treatments such as physical therapy. It is important that you attend as many sessions as possible, especially while waiting for your benefits decision.

If your records show that you are not going to therapy, the committee may feel that you are noncompliant with your treatment and are not trying to get better. They may also decide that you are not injured as much as you say because you are not following your doctor’s orders.

While the above may or may not give you a denial on your claim, they could jeopardize your chances. Before you do anything major while awaiting your decision, you may want to find out more information from your social security disability lawyer. They can best advise you on what to do.

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Posted by on Feb 12, 2014 in Uncategorized |

Begin Your Personal Injury Claim Immediately

After suffering a moderate or serious injury, you should visit the doctor to determine what further medical treatments you might need. You should also think about the series of events that lead to you being injured in the first place. Was the injury your own fault or was it the fault of someone else. If someone else caused your injury, they might be liable for your medical bills, loss of income, pain and suffering, court costs and various other expenses.

Even if you believe that your clumsiness lead to your injury, there may have been something wrong with the premises that lead to your injury. When property is used in the manner in which it was intended, the property owner is responsible for any damages that occur as a result and you should get in contact with a personal injury attorney of San Diego.

Write down the events that occurred during the accident. This narration should only be given to your personal injury attorney in San Diego because anything you say could potentially be used against you. Try to determine the grounds for the lawsuit with your personal injury attorney. Make sure to consider whether you would like to press charges because you forfeit your right to do so if you accept a settlement.

A personal injury claim will often require a lot of evidence. This includes witnesses that saw the accident, photographs of the injury or of the accident itself, medical bills, medical records, evidence of wages and testimony from the defendant.

Those who will have a lawsuit filed against them need to be notified. If you file your claim more quickly and let the defendant know that you have a claim, you will be able to resolve the case possibly under a shorter time frame. After giving notice that you intend to file a lawsuit, you are not required to file the lawsuit and can choose to drop the case. However, it is best to do this after consulting with a personal injury attorney.

There is a statute of limitations in every state regarding how long you can wait before you can file a lawsuit for an injury. After the statute of limitations has run out, you can no longer file a lawsuit. File the lawsuit within a year for private lawsuits and within 60 day if you are filing a lawsuit against a government employee. The time limit begins on the day that the injury occurred.

Even if you still have time to file a lawsuit, you should not wait too long because time has a way of making evidence disappear. Witnesses become more forgetful and physical evidence of the damages can fade with time. This can lead to the personal injury case not being very strong. When working with your personal injury attorney, be sure to be completely honest so that the attorney will be able to build an effective case.

Personal injury claim are primarily based on negligence theory. This is based on the ideal that the defendant owes a duty of care to a victim and that the duty of care was breached. As a result, the plaintiff suffers damages and the defendant is responsible for taking the steps necessary to make the plaintiff whole.

A second consideration is whether the plaintiff is experiencing pain and suffering. Even though the pain and suffering might not have cost the plaintiff money, most states would like to punish the defendant for causing damages by hurting the defendant in the pocketbook, with the hope that this approach will deter the defendant from making poor decisions in the future.

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