When it comes to filing for long-term disability (LTD) benefits, many people assume that a medical diagnosis is the golden ticket to approval. While a diagnosis is an essential part of the process, it is not the only criterion that insurers or adjudicators consider. Understanding the nuanced differences between diagnosis and functional impairment can significantly …
Disability Law Blog
Will a Personal Injury Settlement Affect My Social Security Disability Benefits?
Will a personal injury settlement affect my Social Security Disability Insurance (SSDI) benefits? Should I apply for disability benefits with a personal injury lawsuit pending? Does a lump sum payment for my injury impact my disability claim? Whether a personal injury lawsuit will affect your Social Security benefits depends on the type of benefit you …
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The Standard of Review in ERISA Long Term Disability Lawsuits
How will a federal judge make a decision about an ERISA lawsuit? There are two standards of review in ERISA cases: (1) the de novo review standard and (2) the arbitrary and capricious standard (also called the “abuse of discretion” standard). The judge will determine which standard applies to your disability based on the language …
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Can You Work While Receiving Long Term Disability Payments?
Long term disability insurance provides financial support to individuals who cannot work due to a disability. This type of insurance pays out a percentage of your pre-disability earnings to help maintain your quality of life. However, many people wonder whether they can continue to collect long term disability (LTD) benefits while returning to work in …
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Social Security Disability Claim Timeline: What to Expect After Filing a Disability Claim
My name is Nick Ortiz, and I am a Social Security Disability Attorney. I recently interacted with one of our clients, who received a favorable decision two years after starting his initial application. He was happy and relieved to finally get this good news. This made me think of a question we get from many …
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What Is the Listing of Impairments In a Social Security Disability Claim?
The Listing of Impairments describes impairments for each of the major body systems that Social Security considers severe enough to prevent a claimant from doing any gainful activity, regardless of his or her age, education, or work experience (you can find these impairments on our website in our articles on the disabilities that may qualify for benefits). Disability …
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Social Security COLA Increases [2023 Update]
COLA is short for Cost-of-Living Allowance. In 2023, the Social Security Administration announced a 8.7 percent cost-of-living adjustment. This rate increase will apply to the approximately 70 million Americans who receive monthly Social Security and Supplemental Security Income (SSI) benefits. For some beneficiaries, the Social Security increase may be partially or totally setoff by the …
What Are Compassionate Allowances In Social Security Disability Claims?
Social Security recognizes that it has an obligation to provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards. The Compassionate Allowances (CAL) initiative is a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective …
What Are Compassionate Allowances In Social Security Disability Claims?Read More
Benefits of Applying for Social Security Disability Insurance
Social Security Disability Insurance (SSDI) is a lifeline that many rely on when the unexpected strikes. SSDI is a federal program that provides financial support and other benefits to people who cannot work due to a disability. To qualify for SSDI, you must have a disability that has lasted (or is expected to last) 12 …
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Continuing Disability Reviews for Social Security Disability Claims
If you’re currently receiving Social Security Disability Insurance benefits, it’s important to understand that your benefits may not be permanent. The Social Security Administration (SSA) regularly conducts Continuing Disability Reviews to determine whether people are still entitled to receive benefits. The review performed by the SSA is entirely different from the periodic reviews conducted by …
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