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Atlanta, Georgia Attorney Jonathan Ginsberg has a unique blog, ssdRadio, on which he posts podcasts on topics related to Social Security Disability. His blog is a terrific resource.

Jonathan Ginsberg recently interviewed Colorado Springs, Colorado Attorney Tomasz Stasiuk, and posted the first half of that interview as “Interview With Attorney Tomasz Stasiuk” on ssdRadio. You may remember my referring to Tomasz Stasiuk in my blog post “Social Security Disability and Date Last Insured.”

At any rate, after the introductions these two gentlemen give a great account of what you will experience at your hearing in your Social Security Disability case.

I encourage you to listen to “Interview With Attorney Tomasz Stasiuk” and thanks for reading,

Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St.
Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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If you’re applying for Social Security Disability an important date is your “date last insured.” As long as you are found to be disabled before your date last insured, you will receive Social Security Disability Benefits.

Colorado Springs Attorney Tomasz Stasiuk wrote an excellent blog on the subject titled “I Was Denied Because I Was Not Disabled Before My “Date Last Insured.” What Is The “Date Last Insured?” The text of which is below.

Social Security a bit like car insurance: you pay your premiums to obtain insurance covered. When it comes to Social Security, your premiums are your payroll taxes and the coverage is disability insurance.

In order to qualify for Social Security Disability Insurance, you have to have paid enough into the Social Security system through payroll taxes. Once you have worked long enough, you become insured for Disability Insurance benefits should you become unable to work.

But what happens when you stop paying your premiums? Just like for car insurance, you may be covered for some time after your last payment but there will be a cut off date for your policy. If you have an accident before your cut off date, the insurance company will take care of you. However, if you have an accident after your policy lapses, the insurance company wont give you anything.

So, how does this apply to Social Security? If you have stopped working (or have started a job that does not pay into Social Security — one example in Colorado is teachers, who pay into PERA instead), you stop paying the “insurance premium.” That means that sooner or later you will reach your date last insured. The last date you are insured for Disability Insurance benefits under Social Security.

Here is where things get a little tricky:

• The date last insured does not limit when you can file for benefits. You can still file for Disability Insurance benefits after your date last insured. Note: there are some exceptions to this which go beyond the scope of this article.
• The date last insured limits when you must prove your disability began. Just as in a car accident case where you have to prove that the accident happened while you were still insured, in a Social Security case, you have to prove that the disability occurred before the date last insured.
• If you can prove that your disability began before your date last insured, you may be able to receive Disability Insurance benefits (even after the date last insured). If you cannot prover the disability began before the date last insured, you might not be eligible for Disability Insurance.

Here is another important thing to keep in mind:

Date last insured only applies in Disability Insurance cases. Date last insured is not an issue in the “other” kind of Social Security disability benefits: Supplemental Security Income (SSI cases). While date last insured may make you be ineligible for Disability Insurance Benefits, you may still qualify for Supplemental Security Income benefits (SSI).

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St.
Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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Social Security recently announced its new “Retirement Estimator” as a planning tool that allows you to get an immediate and personalized estimate of your potential Social Security retirement benefit.

The Retirement Estimator is tied to your actual Social Security earnings record and allows you to compare different retirement options. The only information you need to start is your name, Social Security number, date of birth, place of birth and mother’s maiden name.

According to Social Security the “Retirement Estimator” is easy to use.  However, before writing this blog I gave it a test run and managed to lock myself out :  )  but don’t let that stop you from giving it a try.

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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Social Security Online, the official website of the U.S. Social Security Administration, got a makeover. The site definitely looks easier to use. It has always been a terrific source of information.

Please visit Social Security Online and have a look for yourself.

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St.
Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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While Social Security recipients have the option to receive direct deposit of their benefit check directly to their bank account, many folks don’t have a bank account and have to go through the hassle of receiving paper checks and the expense of check cashing. That’s going to be a thing of the past. A debit card system will be in effect nationwide by October.

Dallas, Texas Attorney Bob Kraft wrote a great blog post entitled “Social Security Recipients Can Get Their Monthly Payments On Debit Cards.” I have posted the text of that post below for you. Read the rest…

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The other day I heard a Feed The Pig public service announcement (”PSA”) on how Americans are generally spending more than they’re making. In case you’re wondering, Feed the Pig is a component of the 360 Degrees of Financial Literacy campaign by the Ad Counsel and the American Institute of Certified Public Accountants.

That PSA got me thinking a little about my own spending habits. Our culture encourages us to spend. I need a constant reminder to save.

We serve folks in the areas of injury law, Workers’ Compensation, Social Security Disability, family law and bankruptcy who often come to us in the most dire financial straits. I happened across a great blog post by Boston area attorney Steven Ballard that gives some great financial tips that I know I can use. I have put the text of that post below for you. Read the rest…

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Too often we have folks come in who have had work injuries and their income was unreported. While these folks are still eligible for medical benefits under the Workers’ Comp. Law, they are not eligible for wage payments because they have no reported income.

Unfortunately, if you don’t have wage payments and you can’t afford to take time off work, the medical benefit may be meaningless. Furthermore, you’re out of luck when it comes to a schedule loss of use or any payment under the Workers’ Comp. Law based on wage payments. It gets worse.

By filing a Workers’ Comp. claim you will likely alert the Internal Revenue Service and the New York State Department of Taxation and Finance to the fact that you have income for which you haven’t paid taxes. Absolutely nothing good can come of that!

Additionally, if your income is unreported, you’re giving up not only Workers’ Comp. benefits, but unemployment benefits and Social Security benefits as well. So, if you’re thinking about not reporting your income, please think again. Come back for my next post in which I will discuss honesty and Workers’ Comp. claims.

Thanks for reading,
Eric

___________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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Social Security pays disability benefits to people who have met the earnings requirement and who cannot work because they have a medical condition that is expected to last at least one year or result in death.

On occasion we have folks who haven’t filed an application for benefits come to us for representation with regard to their Social Security Disability claim. Generally we advise folks that they don’t need representation unless their application was denied.

The system was set up for claimants to make the application themselves and, frankly, by doing the application yourself you’re going to save money and probably get it done more quickly. After all, the initial application for benefits asks questions regarding your personal and medical history, which only you would know.

You can apply using the Online Social Security Benefit Application.

Good luck and thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com

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Bob Kraft is a Dallas, Texas attorney practicing in the areas of Social Security Disability and personal injury. He wrote an excellent blog today titled “Fatal Mistakes Social Security Disability Clients Make.” The text of which is pasted below.

“Fatal” Mistakes Social Security Disability Clients Make

This is a short list of mistakes we have seen our clients make over the years. Whether you are our client, another lawyer’s client, or simply trying to represent yourself in a claim for Social Security Disability benefits, you should read this list carefully and maybe you can avoid making one of these “fatal” mistakes.

* Not being completely honest with the lawyer regarding medical conditions, work status, and drug or alcohol use.

* Not going to the doctor regularly or not taking all the medications prescribed by the doctor.

* Not attending all meetings scheduled with the lawyer.

* Not keeping Social Security and the lawyer informed of the client’s current address and telephone number.

* Committing a crime that would cause Social Security to question the client’s credibility.

* Saying anything untruthful during the hearing with the Administrative Law Judge.

* Continuing to smoke while claiming disability for heart or respiratory disease.

* Not reading all letters from Social Security or from the lawyer, and missing a deadline contained in a letter.

* Using illegal drugs or abusing legal drugs and alcohol.

* Not attending medical examinations scheduled by Social Security.

* Failing to tell the lawyer about every doctor the client has seen.

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St.
Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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