Why You Need Disability Insurance

Why You Need Disability Insurance
By David Chandler

Most people take it for granted that they are able to awake each day and earn an income to support themselves and their family. The ability to be independent in this regard is one of your most valuable assets. Additionally, most people do not understand that the chances of becoming disabled at some time during their working career are higher than they would imagine. Hence, disability insurance is available to protect your assets.

Disability insurance is insurance that is intended to replace your income if you should become sick, disabled, or hurt, and the illness or accident prevents you from earning an income in your occupation. Disability insurance will pay anywhere from 45% to 60% of your gross income during your absence from work.

It is important to note however, that not every policy is the same. Carefully scrutinizing the details and comparison-shopping is necessary when shopping for disability insurance. The least expensive policy is not necessarily a good choice. The odds of being paid a monthly benefit that will cover your cost of living while you are disabled are not improbable if you have purchased a low-cost insurance policy.

The purpose of this article is to provide useful information about the features of disability insurance, so that you can make an informed decision when purchasing your insurance policy.

Types of disability insurance

Short-term disability is as it name implies. This policy may pay benefits for two weeks up to two years. Usually, your employer provides short-term disability policies.

Long-term disability as it name implies, will provide benefits for an extended period. Long-term disability insurance usually lasts about 5 years. This type of insurance will also expire when the person turns 65. Some employers will offer this type of insurance as part of employee benefit package or will make it available at a specific cost.

The two main types of long-term disability insurance policies are non-cancelable and guaranteed renewable. A non-cancelable and guaranteed renewable policy means that the insurer cannot cancel or refuse to renew your policy as long as the required premiums are paid on time. However, the significant differences between the two policies are that with a guaranteed renewable policy the premiums can be raised, but only if it affects the entire class of policyholders. Under a non-cancelable contract, the premium payment remains in effect as stated on the policy. Consequently, initial premiums for guaranteed renewable policies can be less expensive than non-cancelable policies

For more information about disability insurance, visit Disability Insurance

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10 Ways You Can Advocate For Your Child With A Learning Disability

10 Ways You Can Advocate For Your Child With A Learning Disability
By Sandy Gauvin

Did you know that you are the most important person in your childs life? Of course you did.

But did you know that parents of children with learning disabilities can also be their childs most effective advocate.

What exactly is an advocate? An advocate is someone who speaks up for someone else, or who acts on behalf of another person. As a parent, you know your child better than anyone else, and you are in the best position to speak for him and act on his behalf.

Here are 10 ways you can do that:

1. Realize from the beginning that advocating for your child takes a lot of time. Advocating involves a great deal of research, meeting time, and communication. Thats a given. But the end result will be a successful,responsible, happy young adult who will be able to survive the pitfalls of the real world.

2. Be informed. The more you know about what is going on with your child, the more comfortable you will be in helping others understand him. Here are some ways you can become informed:
a.Read all you can about learning disabilities (especially your childs learning disability).
b.Attend conferences. Thats a great way to learn and make contact with other people faced with similar issues.
c.Ask questions - seek answers.
d.Join a support group if there is one available. You can learn a lot from a support group.

3. Become familiar with the rules and regulations that apply to your childs special education program. You request copies of the regulations from your local school district office (the special education office, if your district has one) or from your state Department of Education. If you have difficulty understanding these rules and regulations, dont be afraid to ask the special education director or your childs special education teacher to explain them to you.

4. Work together closely with the professionals who work with your child. This should be done in a positive, cohesive way in order for the child to gain the maximum benefit. Get to know these people - talk with them on a regular basis. Volunteer in the classroom. Dont be afraid to ask for a meeting with the teacher(s) if you see something going on at home that can be helped at school, or vice versa.

5. Keep track of the paperwork that is given to you at the team meetings. This is valuable information that should be kept in an organized place so that you can refer to it easily. If you arent sure how to do this, talk with the special education director or special education teacher. They have a system to keep the records organized in the office. Perhaps they would share that with you.

6. Dont be afraid to communicate with the professionals. Be prepared when you go to the team meetings, and dont be afraid to calmly and assertively state your views. Take notes into the meeting with you so you wont forget the questions you want to ask or the points you want to make. Remember, the professionals need insight from you as much as you need insight from them. The more communication you have, the more powerful the educational team to help your child.

7. Dont be afraid to ask questions. The field of special education is as complex as your childs needs. Asking questions doesnt mean that you are stupid. It just means that you are interested in your childs education and well- being and want to be an informed parent. You will most likely hear the professionals asking lots of questions as well!!!

8. Keep the lines of communication open with your child. Talk with him about his life both in and outside school. Allow him to express his frustrations, his successes, his disappointments, his hopes, his likes and his dislikes. The better you know your child and what is going on with him, the better you can help other people to work with him.

9. Know your childs strengths and weaknesses and share them with the professionals. Children with learning disabilities, although they have weaker areas, have many strong areas, too. By highlighting these areas, it makes it easier for the professionals to use them as tools to strengthen the weaker skills. It helps them see the child in a more positive light, and it helps them relate to the child. And it helps your childs self-esteem to know that the teachers sees good things in him.

10. Help your child learn to advocate for himself as early as possible. As time goes on, and your child has heard you advocate for him, he will be able to understand how to advocate for himself. If hes heard you say positive things, not only does it increase his self-esteem but it gives him the confidence to speak up for what he needs. Teach him how to communicate how he learns best, what he needs to help him get the most from his classes, and how he feels when confronted with certain issues, such as testing and peer pressure. Give him the power to make his life a success.

You can help your child be able to be a successful, happy, responsible student, well on his way to being the same kind of adult. Advocate for him.

For more plain talk about learning disabilities, please visit us at www.ldperspectives.com.

About the Author

Sandy Gauvin is a retired educator who has seen learning disabilities from many perspectives - as the parent of a daughter with learning disabilities, as the teacher of children with learning disabilities, and as an advocate for others who have diagnosed and unrecognized learning disabilities. Sandy shares her wisdom and her resources at www.LDPerspectives.com

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Winning Your Disability Case with the Help of CoWorkers Family Members and Friends

Winning Your Disability Case with the Help of Co-Workers, Family Members and Friends
By Scott E. Davis

In a social security disability claim, the credibility of the claimant is often the determining factor of whether the claim is approved or denied. For cases involving chronic pain or fatigue, such as fibromyalgia or chronic fatigue syndrome, the credibility of the claimant is usually crucial to success. The reason for this of course is due to the fact that those diagnoses involve subjective symptoms and limitations that usually cannot be objectively quantified by medical or laboratory tests.

Thus, SSA and judges will listen to the claimants story about why they are unable to work due to the frequency, severity and duration of their symptoms; but they will also look for corroborating evidence from other sources such as doctors or individuals who know the claimant.

As you may know, my practice is exclusively disability law and I specialize in chronic pain and fatigue cases representing clients throughout the United States. Over the past several years I have won disability cases before SSA and judges throughout the United States. While winning hundreds of cases and losing only a small percentage of them, I have learned a great deal about how to win chronic pain and fatigue disability cases as well as the importance of a clients credibility.

A tool I have used extensively for the past several years is to obtain affidavits or statements from a clients former co-worker (or preferably a supervisor), family member or long-time friends. What is an affidavit? It is simply a notarized document that essentially is a narrative letter regarding a persons observations of problems the client has functioning on a daily basis due the symptoms and limitations, with a conclusion that they are unable to work in any occupation as a result. In my opinion it is essential that SSA and a judge have corroborating evidence from those who know a client the best and the affidavit performs that function.

Because I view a clients credibility as paramount to the case, I want to protect it, develop it and support it from as many different independent sources as possible. The quality of the affidavits or statements and who makes them is what matters rather than having a large volume of them by people who do not know the client well.

I know thoughtful affidavits have a big impact on SSA and judges because I have seen countless judges from all over the country reference them as a reason why they approved my clients claim. I have also talked with judges after a hearing and they have told me the affidavits provided persuasive support for my clients allegations regarding their limitations.

It must be noted that it is unlikely an affidavit alone will win a disability case; but along with other corroborating medical records and doctors opinions it can be a powerful tool. Use this article as a foundation for developing this important part of your claim.Tip #1 The Affidavit should be Brief

To avoid lulling weary SSA personnel or a judge to sleep, I believe the affidavit should be no more than two (2) pages in length. Please remember your file will contain several hundreds of pages of recordsyou want the affidavit to be read and be factored into your claim.

Tip #2 The Affidavit should be on regular paper and be Notarized

The document itself can be on any regular paper (preferably 8 x 11 inches), handwritten or typewritten and should be titled Affidavit. In addition, it should be notarized because a notary will confirm that the person who purported to draft the affidavit actually signed the same before a public notary. Having the affidavit notarized eliminates any question with regard to authenticity of the document (i.e. you are not trying to pull one over on SSA or a judge!). If it is not possible to obtain a notary them simply submit

Scott E. Davis is a social security disability attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: info@scottdavispc.com.

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SSI and Social Security Disability: How They are Different (Virginia Lawyer's Perspective)

SSI and Social Security Disability: How They are Different (Virginia Lawyer's Perspective)
By Jerry Lutkenhaus

Social Security Disability (sometimes called SSDI) and SSI are confused by many people. I have been a Virginia Disability Lawyer for over 30 years. None of my clients know the difference between the programs. These are the most important differences between these programs:

First, in order to obtain Social Security Disability, you must have an earnings record and show you are disabled. Housewives come to me and say Why cannot I get disability? I reply, Where is your earnings record? Self-employed people call me and say, Where is my disability? I respond, Did you ever file taxes and pay into Social Security? People who are paid in cash or under the table contact me and request Social Security. I say, You only get out what you paid in, it is not a free ride.

Second, for SSI, you do not need an earnings record. You only have to show you are disabled. But SSI is a welfare program and even though its full name is Supplemental Security Income it probably should have been called Welfare Disability. As a welfare program, there is a means test. This means even if you are disabled you cannot receive SSI if you have either assets or income. In 2006, you cannot have more than $2,000.00 in cash assets and expect to qualify for SSI. The same housewife who could not obtain Social Security may also not be able to obtain SSI because (1) she has other unearned income; (2) her husband has too much income; and (3) she or her husband has too many assets.

Third, the Social Security benefit is dependent on the earnings the worker paid in and could be as high as $2,053.00 per month. Many ask me, Why isnt my benefit higher? My answer always is, You get out what you paid in. Working at a minimum wage job is not going to result in a very high benefit. Not working for a number of years is also going to result in a lower benefit. On the other hand, the maximum SSI amount an individual can receive in 2006 is $603.00 per month but this does not depend on earnings.

Fourth, an individual on Social Security Disability can also expect a payment to dependent children up to age 18 or until the child graduates from high school. The dependent children share equally about 50% of the parents benefit. On the other hand there is no dependent care benefit for a recipient of SSI. People on SSI will often call me and say Where is my childs check? Regretfully, I have to tell them SSI has no child benefit.

Fifth, Social Security Disability & SSI are similar in one way. The disability test is the same.

Sixth, when you file for Disability, Social Security will first check if you are eligible for Social Security Disability before allowing you to apply for SSI. Generally, if your Social Security check is higher than $603.00, you would not be eligible for SSI. On the other hand if your Social Security check is lower than $603.00, you may be able to receive a small SSI check so your total benefit is about $603.00 per month.

In Summary, when a person says I am on disability or I want disability, there is a big difference between SSI and Social Security Disability. Remember SSI is a welfare benefit & Social Security Disability is an earned benefit.

Copyright 2006, Jerry Lutkenhaus. ALL RIGHTS RESERVED

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus is a practitioner of Workers' Compensatoin and Social Security in the Richmond, Virginia area for over 30 years He was given an AV rating by Martindale Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see our websites at http://www.geraldlutkenhaus.com & http://www.virginiadisabilitylawyer.com or call Jerry Lutkenhaus at 804-358-4766 for a free consultation on your claim.

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Winning Your Social Security Disability Claim: 15 Mistakes You Can't Afford to Make!

Winning Your Social Security Disability Claim: 15 Mistakes You Can't Afford to Make!
By Scott E. Davis

Mistake #1: Assuming that what SSA tells you is true.

Unfortunately, some of the advice Social Security Administration (SSA) employees provides to the public is incorrect. So if you arent happy with what SSA told you over the telephone, youll be glad to know it may not be correct. The problem is, many people have told me they did not file a disability claim for years (and went without benefits they deserve) simply because a SSA employee gave them bad information.

Advice: Dont give up on your claim until after you have reviewed your case with a disability lawyer. Disability lawyers know more about the law than SSA employees and give you correct information.

Mistake #2: Assuming the SSA Administration will approve your claim.

Not true. Many people believe that because they have paid into SSA, their claim should easily be approved when they apply for disability benefits. Many people believe its just a matter of filling out the forms and going through the process. But this isnt true. SSA denies 70 to 75% of first-time claims. SSA denies 82% of claims that are appealed for Reconsideration. However, the good news is that when cases are heard before judges, nationwide over half (53%) are approved.

Advice: (1) Appeal every denial within 60 (sixty) days of receipt, (2) build a strong case by understanding what information Security Security requires, and (3) make sure to present it properly.

Mistake #3: Assuming the disability forms you fill out will win your case.

Usually they will not. Claimants hurt their case by overstating what they can do. In most cases, SSA and judges rely heavily on medical records as well as your doctor, psychiatrist and/or psychologists opinion about your ability to work full time. If the judge isnt happy with youif he doesnt believe what youre sayingor if he is looking for a reason to deny your claim, he may look for inconsistencies in answers you provided earlier on the forms. For example, if you answer one way on the form and testify at a hearing to something else, the judge may use the answer on the form to undermine your credibility and support a denial of your claim.

Advice: When completing the forms, be honest, accurate and brief! You should always answer the question in the space provided do not attach additional sheets of paper or write in the margins. Also, it is important to assume you are back working full time on a sustained basis (8 hours per day, 5 days per week) when answering questions about what you are capable of doing.

Mistake #4: Assuming that your medical and/or psychological symptoms will be enough for the judge to approve your claim.

Not true. You need detailed medical records which document your symptoms and limitations and specific opinions from your doctor, psychiatrist and/or psychologist if you hope to win your case. Their opinions will only be given weight by the judge if you have received continuous and consistent medical treatment. If you are not treating regularly with your doctor you are jeopardizing your case!

Advice: It is critical you receive continuous and consistent medical treatment and care so you can provide SSA and a judge with current and complete medical records which support your doctors opinions.

Mistake #5: Assuming your diagnosis will win your claim.

It wont. Its true that SSA needs a diagnosis. But SSA also needs medical proof that your diagnosis causes limitations that are so significant and severe that they preclude your ability to work full time on a sustained basis.

Advice: Disability cases are won based on your limitations, not your symptoms. Make sure you provide detailed medical records from your doctor that reflect your symptoms, his diagnosis, and your limitations.

Mistake #6: Assuming SSA will be persuaded by any type of medical treatment you choose.

It will not. You can choose any alternative therapies and holistic treatments you desire. After all, you should do whatever it takes to try to get better. However, be aware that SSA and judges are most persuaded by mainstream doctors (M.D., D.O., psychologists) and how you respond or fail to respond to mainstream treatment. If you are not taking medications or are not receiving mainstream treatment by a mainstream doctor, you may be jeopardizing your claim.

Advice: To win your claim, try to exhaust every medical treatment your mainstream doctors recommend, so you can prove that in spite of doing so, you continue to be unable to work full time on a sustained basis.

Mistake #7: Assuming your family doctors opinion is the only one you need.

This may not be a good choice depending upon your diagnosis. If your diagnosis is usually made and treated by a specialist (M.D., D.O., Ph.D), you should treat with both a board certified specialist and your family practitioner. From a legal standpoint, you want to show the judge your diagnosis is correct and that you are receiving the best possible medical care. You have a stronger case when your doctor is a specialist who is skilled and experienced at treating people who have your condition. Social Security law generally gives more weight to the opinions of a specialist than a general practitioner. As a result, SSA and the judge will look more closely at the credentials of the doctor who is providing the opinion.

Advice: Get your medical treatment from a specialist because the more skill and experience your doctor has, the more likely you are to win your claim. Note: If you are a member of an HMO and they will not allow you to go to a specialist, consult with your disability lawyer, who can help you get appropriate treatment.

Mistake #8: Assuming your doctor will support your claim for disability benefits.

He may not. Some doctors refuse to help patients with their disability claims. Many doctors do not know SSAs definition of disability and believe that one has to be bed ridden to qualify. In general, doctors are very conservative in their opinion about a patients ability to work. Because SSA and a judge will want to know if your doctor supports your claim, it is critical you know the same information! After you have established a relationship with your doctor you should discuss with them the fact that you have filed a claim for disability. Ask if they will support your claim if they will not, you should consider finding another doctor because their opinion is not likely to change! It is critical your doctor supports your inability to work full time on a sustained basis!

Advice: As soon as practicable, you should learn whether your doctor supports your disability claim. If not, consider finding a more compassionate doctor who will. One place to find a referral is to attend a local support group for individuals who share your diagnosis.

Mistake #9: Assuming you have to go to SSAs doctor for a medical examination.

Often, SSA wants to a claimant to go a disability examination with a doctor/psychiatrist/psychologist it chooses. Unfortunately, the doctor is not really independent and probably performs many of these examinations for SSA each month. In my experience, the majority of the time the doctor will conclude you are not disabled and can return to work. Once this opinion is included in your file SSA and a judge will have sufficient evidence to deny your claim.

Heres the good news: SSA rules allow your doctor perform the disability exam and SSA should pay for all or at least part of it. Naturally, if your doctor supports your disability claim he will probably conclude your condition precludes your ability to work. Once your doctors exam report is in your file with a conclusion that you are disabled, SSA and a judge may have sufficient medical information to approve your claim.

Advice: This strategy is only possible if you are certain your doctor supports your claim and is willing to do the examination. If you do not have a doctor or your doctor will not perform the examination you must go to SSAs doctor or risk having your claim denied or closed out. This strategy really should only be employed by a disability lawyer because complex regulations are involved and must be complied with.

Mistake #10: Assuming an entire year has to pass before you can file a disability claim.

Not true. SSA law requires that before you can be approved one of the following must be true: (1) you have already been disabled and out of work for one year, or (2) your doctors expect that you will be unable to work for a minimum of one year from the date you last worked, or (3) your medical condition is expected to result in death. Too many people have told me that an SSA employee said they could not file a claim until one year had passed since they last worked. This information is totally incorrect and if followed, will almost certainly cost you disability benefits and medical insurance!

Advice: Apply for disability benefits as soon as you or your doctors believe your medical and/or psychological condition will preclude you from working for at least one year. Waiting to file will only cost you benefits that you may not be able to recover.

Mistake #11: Assuming that if you lose before a judge at a hearing, you can simply file another claim.

When you have a hearing before a SSA judge, you do not want to lose. This is because, practically speaking, your best chance at winning is at your first hearing before a judge. True, you can file a second application if you lose at a hearing; however, the second time you go through the process, SSA and a judge will know your first claim was denied. In my opinion, this may have a detrimental effect on your second claim as the second judge will know.

Advice: Make sure your case is properly prepared so you can present your strongest case at the first hearing.

Mistake #12: Assuming you can handle your case without a disability lawyer.

Most people cant. SSA disability laws are complex, even many lawyers do not understand them. To win your claim, you need to very carefully prepare your case from the very beginning. In addition, it is critical to understand what you need to prove legally in order to win your case; if you do not know what you need to prove why would you risk going before SSA or a judge without knowing how to win your case? The fact that you and your doctor agree you are disabled is not enough to win your case.

Advice: Retain only an experienced disability lawyer. They will help build your case, develop a case strategy, obtain a complete set of your medical records and critical opinions from your doctor that will maximize your chances of success. More often than not, your doctor will not be familiar with the stringent criteria that SSA and a judge will utilize in determining whether you meet their definition of disability.

Mistake #13: Assuming any lawyer can help you win your claim.

Not true. You want a disability lawyer who is familiar with SSA laws and regulations. Similar to doctors, attorneys generally specialize in a certain area of the law. You wouldnt go to a dentist for a physical examination, so do not pick just any attorney to represent you in your disability claim.

Advice: Choose a disability lawyer whos practice is dedicated to representing clients because your odds of winning will increase. A seasoned disability attorney will understand the strategy and tactics that are crucial to helping you win your claim.

Mistake #14: Assuming you should not hire a lawyer until your case has initially been denied.

Not true. You can hire a lawyer any time you wish. Unfortunately, many employees at SSA will tell you that it is not necessary to hire an attorney until you have been initially denied. Following this advice could be fatal to your claim! Why? Because in general, SSA will begin preparing a case against you from the day you file your application!

Advice: You should consult with and/or hire a disability attorney as soon as possible after you file your application. The attorney can explain how the process really works and lay the proper foundation for your case by developing a case strategy. The attorney can also guide your case through the myriad of rules and regulations that are certain to have an effect on your entitlement to benefits.

Mistake #15: Assuming that you cannot afford a lawyer.

Not true. In almost every case, you will only pay the attorney a fee if and when you have won your case and received benefits. SSA law limits the amount of money your lawyer can earn from your disability claim. Generally, by the time you win your claim you will have accrued back benefits. The law mandates the fee can only be 25% of your past benefits and is capped at $4,000. In other words, if your back benefits total $1,000.00, the attorneys fee would be $250.00. The law does not allow your lawyer to charge a fee on your future benefits.

What may be at stake? By way of example, assume a claimant is 45 years old and their monthly disability benefit is $1,000.00. If the person never returns to work before age 65, their disability benefits would total $240,000.00! This amount does not include the value of the lifetime health insurance they would also receive through Medicare or Medicaid.

Advice: Because the amount of the benefits can be staggering, the truth is, you cant afford not to hire an experienced disability attorney!

Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: info@scottdavispc.com.

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Disability Benefits: Working While Disabled

Disability Benefits: Working While Disabled
By Jack Burton

If you receive Disability Benefits you may wonder how working will affect your benefits. Social Security allows disabled individuals to work and receive their benefits; however there are rules in place you will need to follow. Here is what you need to know about working on disability to avoid a nasty overpayment.

If you are receiving Social Security Disability benefits and not SSI (the rules are different for SSI), Social Security limits the amount you can earn in a given month. This limit is based on your gross or pre-tax earnings for that month. In 2006 this limit is $860 per month. As long as you do not earn over this $860 per month you can continue working and keep your disability benefits.

Problems arise for individuals that earn over this $860 limit. Social Security gives you a trial work period of 9 months where you can work and earn over the $860 limit. At the end of this 9 month trial work period Social Security will evaluate you ability to work and could stop your payments. You are allowed 9 trial months in a five year period. Once you have used up your trial work months if you continue earning over the limit Social Security will grant you an extended period of eligibility where they continue your payments. If you earn over the limit during this extended period of eligibility Social Security can terminate your disability benefits based on your ability to work.

This termination of disability benefits rarely happens quickly. Many individuals that have had this happen find themselves with large overpayments in the neighborhood of $30,000 or more. To ensure this does not happen to you keep your pre-tax earnings below Social Securitys limits. To learn more about disability benefits and how to protect yourself from overpayments and having your benefits terminated, visit the website Social Security Laid Bare using the links below.

Jack Burton specializes in helping people understand Social Security programs for Retirement, Medicare, Supplemental Security Income (SSI), and Disability Benefits. The website Social Security Laid Bare presents information on all of Social Securitys programs in an easy to read format, without technical jargon. For more information visit Social Security Laid Bare: http://www.socialsecuritylaidbare.com

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