Lawyers

Date of Last Insurance and Social Security

Dirk May Law, Lawyers, Social Security Disability

Your date of last insurance is very important in Social Security Disability.

Social Security is an insurance program. In other words you must pay into Social Security to be eligible.

For example, if you work for a University in Illinois or you are an Illinois public school teacher you do not pay into Social Security. If you become disabled you may not be able to collect if you do not have enough quarters paid in. There are exception, of course. Such as someone who works a second job that contributes to Social Security.

To be eligible for Social Security disability your disability must have started before your date of last insurance.

You can find out your date of last insurance by calling your local Social Security office.

In the event your date of last insurance has lapsed you will only be eligible for SSI. The problem with SSI is that you are only eligible for approximately $670 per month, and most other income and assets reduce the amount you can receive.

Recession and Social Security Disability

Dirk May Law, Lawyers, Medical, Social Security Disability

The recession is causing a big jump in Social Security Disability filings.

Many states are seeing the already long waits for a case to be decided to be increased even more.

The Commissioner of Social Security is predicting the problem will get worse, and is blaming some of the judges for not deciding enough cases.

So far in Central Illinois, this has been a good year for case backlogs. The Peoria Hearing Office has really moved hearings through the pipeline. Some cases are getting to hearing in less than 18 months.

This is probably due to stable filing levels, as I blogged in an earlier post, Illinois has not seen a dramatic jump in disability filings.

It also the result of increased hiring, and an efficient office.

Showing up is Important

Dirk May Jobs, Law, Lawyers, Medical, Social Security Disability

Someone famous once said “90 percent of life is showing up”. This applies to Social Security Disability too.

If you do not apply, you cannot get Social Security Disability.

It does not cost anything to file.

No attorney fees unless you win, and then it applies to back benefits only.

You never know what the Judge will do. I have seen cases that I did not think would have much of a chance, be approved at the hearing.

You never know the vocational expert will say. I have seen vocational experts testify in amazing ways. If you know what questions to ask you can take advantage of it.

The bottom line is show up and be prepared; life is always surprising.

Playing the Waiting Game

Dirk May Law, Lawyers, Medical, Social Security Disability

It is still taking 18 to 24 months to get a Social Security Disability hearing in Central Illinois.

Nothing is going to speed this up short of more judges and support staff.

Social Security schedules the hearings and tells your lawyer the date to show up.

This is unlike many other court proceedings where the parties tell the judge when they are ready for trial.

Your attorney cannot get you an earlier date.

Sometimes your congressperson or United States Senator can ask for an expedited hearing. This may or may not speed up your hearing. It just depends on what the judge wants to do. I have also seen this back fire. In other words, the judge gets mad and you get an early hearing. However, he punishes you for butting in line.

Qualifying for Social Security Disability

Dirk May Jobs, Law, Lawyers, Medical, Social Security Disability

Social Security Disability is what is called an insurance program.

You must pay into Social Security for enough quarters in 5 out of the last 10 years to be eligible.

If you do not work enough and pay enough into the system, then you will not receive any money even if you are physically or mentally disabled.

You could be eligible for SSI but it only pays just over $600 per month, and most income or assets you have can reduce your SSI payments.

Need more information on Social Security Disability or SSI?

Call Social Security Lawyer Dirk May at 309-827-4371.