Recently in Social Security Disability Category

Where do I apply for Social Security Benefits in Tennessee?

Our Nashville Social Security Benefits attorney Wayne Crim is often asked, "Where do I apply for benefits?" Applying for disability benefits is a lot like filling out an application, at least at the initial stage. You can file in person at your local social security office, over the phone or online here.

It is probably best to apply in person. That way you know the disability application is done correctly. You can find your local SSA office here.

You may not want to apply online. Unfortunately, there are some internet scam "pop-ups" that can get in the way of an online application. Those scams are attorneys in other states fishing for clients. I have heard bad stories about contacting those "pop-up" companies.

Do not be discouraged if you get denied the first time. Most people do! At that time, you need a good Social Security Disability lawyer to fight for your benefits. Our Tennessee disability lawyers have helped thousands through the process. Click here for a nice overview of the disability appeal process.

If you get denied Social Security, you need to act fast. The time to request a reconsideration of the denial for Social Security is 60 days from the date you were informed of the denial. You can find this date at the top of your letter.

Many times the government has not found all of your medical evidence or talked to all the doctors at the initial stage. When we take a case, we work hard to make sure to Social Security Administration has all of the information they need about your case. We get the records, talk to your doctors, get the questionnaires we need to win your case and push the case to a resolution as fast as possible. Some cases can be won without a hearing, once you have the right evidence.

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General Motors and Saturn Corporation Considered the Same Employer for Workers' Compensation

I am proud to report to our General Motors' workers compensation clients that the Maury County Circuit Court recently made a landmark ruling in one of my cases. Many autoworkers know that General Motors filed bankruptcy in 2009 and sold its company in a bankruptcy sale to a new company to create "New GM." Jonathan white background.JPG

That sale opened rights for many injured workers to have their previous Tennessee workers' compensation settlement re-opened and increased. However, for employees of the Spring Hill plant that were injured before January 1, 2005, GM took the position that those workers lost their jobs at the time of the transition from Saturn to GM and were therefore not eligible for money out of their previous workers' compensation case as a result of the bankruptcy.

I traveled to Detroit for corporate depositions of several key GM executives to prove one point: that GM controlled Saturn to such an extent that they had to be considered "one and the same." The case was recently tried in Maury County. The trial judge agreed and ordered that GM had such dominion and control over Saturn ever since its existence that they were to be considered the same employer for workers' compensation purposes despite the 2005 transition to GM. That decision will be challenged in the Court of Appeals but for now confirms GM and Saturn never were completely separate entities. Therefore, many GM employees injured prior to 2005 may have additional rights and may be entitled to more money.

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Why you need a Nashville disability attorney when applying for Social Secuity benefits

Our firm represents people applying for Social Security Disability benefits. The process is filled with traps, therefore if you have to file, you need an aggressive Nashville disability lawyer.

The Social Security Administration provides assistance to people with disabilities under two different programs. Social Security Disability Insurance benefits (SSDI) may be paid to you and certain members of your family if you are "insured." To be insured, you must have worked for a certain period of time (generally five of the past ten years) and paid Social Security taxes. If you do not qualify for Disability Insurance benefits, you may qualify for Supplemental Security Income (SSI) which is paid based on financial need.

For example, you cannot collect SSI benefits if your assets (not including a single home and automobile) exceed $2,000.00 if you are single and $3,000.00 if you are married. Unlike other disability programs, Social Security does not pay benefits for partial disability or short term disability. Social Security pays benefits only for total disability. Disability is based on your inability to work.

Social Security will pay benefits only if it determines that you have a physical or mental impairment (or combination of impairments) that prevents you from doing not only the work you did before, but also that you cannot adjust to new work because of your medical conditions. In addition, to be eligible for benefits, your disability must have lasted or is expected to last for at least one year or result in death.

You can work and still qualify for disability benefits, but you must not make more than the limit set by the Social Security. The current limit in 2011 is $1,000.00 per month. If you can work and earn more than $1,000.00, then you are not "disabled." The Social Security Administration defines disability as not being able to achieve substantial gainful employment.

Children may qualify for SSI payments if the child has a physical or mental impairment (or combination of impairments) that causes marked and severe functional limitations and has lasted or can be expected to last for at least one year or result in death. You can apply for Social Security disability benefits on online, over the telephone or in person by visiting your local Social Security Office. If your application for disability benefits is denied (Social Security denies approximately two-thirds of initial applications) you can appeal the decision.

The first step in the appeals process is a Request for Reconsideration. You must request reconsideration of the denial of your initial application within 60 days from your denial letter. If your Request for Reconsideration is denied you may then request a hearing by an Administrative Law Judge. This request must be made within 60 days. If you are denied by the Administrative Law Judge you may appeal to the Appeals Counsel and then to the Federal District Court. If your initial application is turned down, it is very important that you appeal this decision rather than simply reapply.

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