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Social Security Disability

Chhabra & Gibbs, P.A. > Blog  > Social Security Disability

Do I Have to Set Up a Guardianship for Settlement

guardianship

Do I have to set up a guardianship for settlement of my child's case? Yes.   In Mississippi, an individual is considered a minor until they are 21 years old.  A guardianship is required to be set up when a minor is involved in an accident, is to receive funds due to a parent’s wrongful death, or many other circumstances when a lawsuit is going to be filed or a case is going to be settled and the minor will receive funds. The purpose of the guardianship is to protect the minor’s funds from others until they turn 21 and can decide how they...

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How long does it take to get a Social Security Disability hearing?

Hearing

Many times I get asked, "how long does it take to get a hearing on my Social Security Disability case?" Unfortunately, the Social Security Disability process can be a long one.  There are generally 3 steps in the process to get Social Security Disability: 1-Application (you can do this in person at your local Social Security office, online at ssa.gov or by phone with your local social security office) 2-Request for Reconsideration-this is the first appeal if you receive a denial letter on your initial application 3-Request for Hearing-this is the second appeal, if you receive a denial letter on the request for reconsideration. ...

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Why You Should Trust Your Hired Lawyer And Not Google

Trust

It is extremely important that you trust your lawyer and trust their advice.  I have been practicing law for more than 15 years now and have noticed an increase in clients doing their own research about different legal matters on the internet.  Most times, this is not an issue and the client will listen as I explain how their research may be different than what the law in our state or jurisdiction may be, as the laws in this country can be different in every state.  With the amount of legal information available by internet these days, clients sometimes believe...

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More Common Questions Dealing With Social Security Disability

Social Security

How can you Improve your Chances of Being Approved for Social Security Disability? It can be difficult for individuals to get approved for social security disability. In order to have the best chance to get approved, it is extremely important for you to get regular medical treatment for the issues that cause you to be disabled and unable to work, whether physical or mental. When seeing your doctor, make sure that you explain to him or her ALL of the issues you are having. Just because one issue alone may not make you disabled, a combination of issues may. Therefore, do not leave...

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Common Questions Dealing With Social Security Disability

Social Security

Can I apply for unemployment compensation and social security disability at the same time? No. When you apply for social security disability, you are claiming that you are unable to work.  When you apply for unemployment benefits, you are claiming that you are ready and able to work.  Therefore, you cannot apply for both at the same time, as this would hurt your social security disability case. How much are fees in a social security disability case? Attorneys' fees in a social security disability case are based on the amount of back benefits you receive. The attorney is entitled to 25% of any...

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How does the process work to apply for Social Security Disability?

Process

  The first step to make is to apply for disability.  We can assist you in doing that by meeting with you and walking through the online application with you. The social security administration will then make a decision on your application.  Unfortunately, for the vast majority of people that means a denial. Once you are denied, you will need to timely appeal the decision. This step in the appeal process is called reconsideration.   If you have not already hired an attorney, this is the time that you need to do so.  Please also make sure that you do so immediately, so that...

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Common Questions in Social Security Part Three

Social Security

Is it important to receive medical treatment for the conditions which cause me to be unable to work? YES.  It is extremely important to receive medical treatment for those conditions which cause you to be disabled.  The social security administration and the judges rely on this information to make a determination about your disability.   What should I do if I cannot afford medical treatment for my conditions that cause me to be disabled? You should contact my office at the number below in order to receive a list of low cost or free medical clinics around the state that you can go to...

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Common Questions in Social Security Part Two

Social Security

Should I have an attorney to help me with my social security appeals? Yes.  Attorneys who work in the area of social security are familiar with what needs to be shown in order for you to receive a favorable decision of being disabled.  Attorneys are must better prepared to handle the hearing and the questions from the judge and to the vocational expert. How are attorneys paid for their work on my social security case? If the attorney fee agreement is approved, the attorney receives 25% of the back benefits to which you are entitled, up to a maximum of $6,000.  The attorney...

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Common Questions in Social Security Part One

Social Security

Can I receive disability if I have returned to work? Yes.  If you were disabled and unable to work for 12 months or more, you can apply for a closed period of disability for the time you were out of work.  A closed period of disability is for those individuals who could not work for a period of 12 or more months but recovered and were able to return to work. Can you receive social security benefits if you are only temporarily disabled? Yes.  See No. 1 above regarding a closed period of disability. How long does it take to be approved for social...

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What is a “Disability” under the Workers Compensation Act?

disability

Miss. Code Ann. § 71-3-3 (i) states that "Disability" means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment, which incapacity and the extent thereof must be supported by medical findings. There are two types of disability: temporary and permanent.  There are also different levels for each: Partial or Total. Temporary disability in plain English means that you are unable to do your job while you are treating.  You may be completely unable to work at all or you may be able to work with an accommodation...

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