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How to Claim VA Benefits for Depression

If you live in Illinois and you have depression connected to your military service, you can apply for VA disability benefits. Depression can affect every part of your life, including your ability to work, maintain relationships, and carry out daily activities. To receive benefits, you must prove that your depression is related to your service and meets the VA's disability rating criteria. This task is best suited to the expert skills of a VA benefits lawyer in Chicago, IL, who understands the law and honors the sacrifice and courage of veterans. From a VA Benefits Lawyer in Chicago, IL: Claiming VA Benefits for Depression Establishing a Service Connection To claim VA benefits for depression, you need to prove that your condition is service-connected. This means that your depression must have either begun during your service, been caused by an event or injury in service, or been aggravated by your service. You must provide medical evidence, such as treatment records from your time in the military, post-service medical documentation, and opinions from qualified health care providers. If your depression is secondary to another service-connected condition, such as a physical injury or PTSD, we help you gather the evidence to establish that link. Meeting the VA's Medical Evidence Requirements The VA bases its decisions on medical evidence. You need an official diagnosis of depression from a qualified professional, such as a psychiatrist or psychologist. The VA will also consider the severity and frequency of your symptoms, including issues like persistent sadness, loss of interest, difficulty concentrating, and impaired functioning. The more detailed and consistent your medical documentation is, the stronger your claim will be. We work with you to ensure that your medical records address the VA's rating criteria so you receive an accurate disability rating. Filing the Claim You must file your claim either online, by mail, or in person. Along with the form, you should include all medical records, service records, and any statements from family, friends, or coworkers who can attest to how your depression affects you. These personal statements can support the medical evidence by showing the day-to-day impact of your condition. We make sure your application is complete and includes all the evidence the VA needs to evaluate your case. If you are within 90-180 days of leaving the military, you can apply for a pre-discharge claim, which may significantly expedite the process of receiving compensation. This option is for veterans seeking to receive benefits as they begin the process of retiring from active duty. Responding to VA Examinations and Requests The VA will likely schedule a Compensation and Pension (C&P) examination to assess your depression. You must attend this exam and provide honest, detailed answers about your symptoms and their impact on your life. If the VA requests additional information, we help you respond promptly and completely so your claim does not face unnecessary delays. Filing for VA benefits for depression in Illinois can be a complicated process, but you do not have to approach it alone. Our team focuses on building clear, well-supported claims that give you the best chance at securing the compensation you need to meet your healthcare needs after military service. Schedule a consultation with us today at Comerford Law Office in Jonesborough TN, Highland, IN, and Chicago, IL to increase your chances of receiving the benefits you deserve.

Are VA Disability Benefits Taxable?

It’s important to understand the tax implications of your VA disability benefits so you can properly plan for your financial future. As a leading advocate for veterans’ rights, Comerford Law Office, LLC is committed to providing comprehensive and insightful information on this crucial topic. In this blog, we’ll discuss whether or not VA disability benefits are taxable and what factors may impact their tax status. Understanding VA Disability Benefits VA disability benefits stand as a vital form of financial assistance provided to disabled veterans, enabling them to support themselves and receive essential medical care. Over the course of two decades, Attorney James Comerford and our team have witnessed the significant impact these benefits have on the lives of veterans and their families. That’s why we are dedicated to ensuring that our clients receive the full benefits they deserve. Are VA Disability Benefits Taxable? The good news is that, generally, VA disability benefits are not taxable. This means you do not have to report them as income on your tax return or pay federal income tax on them. However, there may be certain circumstances where a portion of your benefits may be taxable. For example, if you receive both VA disability benefits and military retirement pay, some of your benefits may be subject to taxes. Similarly, if you have other sources of income, such as employment or investments, a portion of your benefits may also be taxed. Factors That May Impact Tax Status It’s important to note that the tax status of your VA disability benefits may also depend on the type of disability for which you are receiving benefits. For instance, if your disability is due to a combat-related injury, your benefits will not be taxed regardless of any other sources of income. Additionally, if you receive Dependency and Indemnity Compensation (DIC) or Special Monthly Compensation (SMC), those benefits are also not taxable. Impact of Income from Other Sources If you do have other sources of income, it’s important to understand how they may impact your VA disability benefits. For instance, if you are receiving Social Security Disability Insurance (SSDI) benefits in addition to your VA disability benefits, the combined amount cannot exceed a certain threshold. If it does, your VA disability benefits will be reduced by the amount that exceeds the threshold. It’s important to keep this in mind when planning your finances and seeking professional advice. Seek Professional Advice Navigating the complexities of taxes and VA disability benefits can be overwhelming. That’s why we highly recommend seeking professional financial advice from a tax expert who is familiar with veterans’ benefits. They can provide personalized guidance on how to properly report your income and ensure you are not overpaying on taxes. At Comerford Law Office, LLC, we are dedicated to providing comprehensive support and resources to our clients. Our team of experienced attorneys is here to help you understand your VA disability benefits and ensure you receive the full amount you deserve. Contact Comerford Law Office, LLC As an esteemed advocate for veterans’ rights and benefits, Comerford Law Office, LLC is dedicated to providing the necessary guidance and knowledge for individuals seeking clarity on the taxability of VA disability benefits. Through a steadfast commitment to education and empowerment, we endeavor to ensure that veterans and their families are well-informed and equipped to navigate this critical aspect of VA benefits. Contact our office today to schedule a consultation and learn more about how we can help you secure the benefits you are entitled to.

Veterans to See a 2.8% Cost-of-Living Increase in 2019

Social Security Administration (SSA) officials recently announced that the cost-of-living payments for beneficiaries in 2019 will be increased by 2.8%. Under current federal law, these annual cost-of-living increases automatically boost other federal benefits. For instance, this increase will serve as a baseline for veterans who receive disability pay, as well as military retirees who receive payouts from the Department of Veterans Affairs (VA), so covered individuals could receive a boost in disability pay, clothing allowances, dependent compensation, and a host of other benefits starting in January. To learn more about these cost-of-living adjustments and how they could affect your own payments, please contact a member of our veterans benefits legal team for assistance. Cost-of-Living Adjustments Now Automatic For the first time, and as a result of years of pressure placed on Congress by veterans advocates, cost-of-living adjustments are now automatic for veterans who receive certain benefits. This means that, like Social Security benefit cost-of-living calculations, which are automatically updated every year to keep pace with inflation, Congress is no longer required to pass legislation on an annual basis to increase the rates of veteran disability compensation. Instead, the rates of compensation for veterans with service-connected disabilities, and the surviving family members of disabled veterans who collect dependency and indemnity compensation will be able to receive the same annual cost-of-living adjustments as Social Security benefit recipients. Significant Increase Cost-of-living adjustments are calculated using the Consumer Price Index, which measures the cost of goods and other expenses across the nation from July through September of the current year and then compares it to the previous year’s levels. Generally, if the Consumer Price Index increases, then the cost-of-living amount also changes. According to the SSA, next year, the cost-of-living will increase for Social Security benefit recipients, as well as some veterans and their families by 2.8%, which represents the highest adjustment since 2012 by nearly 1%. Based on these increases, it is estimated that veteran and military retirees who receive around $1,500 a month in payouts will receive an additional $500 over the course of the year. This significant of an increase in the cost-of-living could prove crucial to many veterans and their families who rely on their monthly benefit or pension checks, so if you have questions about how the increase will affect your own payments, please contact our legal team today. Call Today to Speak With an Experienced Veterans Benefits Attorney If you are currently collecting veterans benefits or believe that you may qualify, you need the advice of an experienced attorney who can help represent your interests. Please call The Comerford Law Office, LLC at 312-863-8572 today to speak with a dedicated veterans benefits lawyer who can explain your legal options and assist you in submitting your own claim or filing a notice of disagreement.

Tips on Filing an SSDI Claim

Illinois residents who qualify as disabled and who cannot work full-time are often able to collect Social Security Disability Insurance (SSDI) benefits. Unfortunately, demonstrating to the Social Security Administration (SSA) that you qualify for benefits is a difficult process. To ensure that you are not unfairly denied benefits due to a filing error, you should retain a Chicago Social Security disability benefits attorney who can walk you through the filing process. Reviewing SSDI Requirements Before Submitting Your Claim Before applicants can begin receiving SSDI benefits, they must be able to prove that they qualify. One of the most important qualifications is that an applicant’s disability falls under the SSA’s definition, which means that: He or she cannot fulfill his or her regular job duties because of the disability; The disability has lasted for or will last for at least a year or will result in his or her death; and The condition is named on the SSA’s list of disabilities or his or her diagnosis is as severe as at least one of the illnesses or disabilities contained on the list. These eligibility requirements are not always easy to apply, so applicants seeking SSDI benefits are encouraged to carefully review them before submitting their claim. This also ensures that claimants are able to collect the medical evidence necessary to demonstrate the severity of a disability to the SSA. Official Diagnosis Claimants are much more likely to be approved for SSDI benefits if they receive an official diagnosis from a medical professional, as the SSA will not be convinced by a mere list of symptoms. Obtaining treatment and seeing a doctor regularly can also go a long way when it comes to proving that a condition is actually considered a disability by the SSA. It will also be necessary to provide the treating physician’s contact information, as well as proof of the dates of treatment, the names of all prescribed medications, and records of diagnostic tests and lab results. Retaining Work History Records Disabled applicants can only begin receiving benefits if they can pass two earnings requirements tests, which help determine whether a person paid taxes for long enough to justify providing that individual with benefits. This in turn requires the submission of a series of work history documents, including federal tax returns, W-2 forms, and a summary of all places of employment over the last decade. Finally, the SSA will need evidence that a claimant’s gross monthly income doesn’t exceed a certain threshold, which can be established through the submission of pay stubs, payroll slips, home mortgage records, checking account numbers, bank books, and insurance policies. Having these copies on hand can speed up the review process, so applicants can begin receiving benefits as soon as possible after filing. Schedule a Free Consultation with a Social Security Disability Benefits Attorney For help filing your own claim for SSDI benefits, please call dedicated Chicago attorney James R. Comerford at The Comerford Law Office, LLC. A member of our legal team can be reached by calling 312-863-8572 or via online message.

Collecting Unemployment and Disability Benefits

Those who qualify for Social Security disability benefits can actually continue to receive disability-related payments from other private sources, such as an insurance policy. However, benefits that come from a public source, such as the federal government, can affect whether a person can continue to receive Social Security Disability Insurance (SSDI) benefits and if so, how much he or she can collect, so if you are already receiving unemployment benefits or another form of public assistance, it is important to contact an experienced Social Security disability benefits attorney who can ensure that your benefits are not unexpectedly or unfairly terminated. Who is Eligible for Unemployment Compensation? In Illinois, residents are eligible to collect unemployment compensation if: They have earned enough money in the previous 18 months while working for an employer who was required to pay unemployment insurance taxes; and Their employment was terminated through no fault of their own. Finally, applicants must be physically and mentally able to work and available to accept suitable employment, which includes: Jobs that they are trained to safely perform; Employment that they are capable of performing; and Jobs that pay a similar salary. Illinois residents who satisfy these requirements and are approved can collect weekly payments to cover qualifying expenses until they get back on their feet. However, to continue receiving benefits, a person must be able to certify every week that he or she is able to, available for, and actively seeking work. Benefits are generally available for up to 25 weeks. SSDI Requirements Applicants are only eligible to receive SSDI benefits if they can prove that their disability makes it impossible for them to remain employed full-time by submitting medical records and evidence of an inability to work. This means that a person attempting to collect both unemployment benefits and Social Security disability payments would need to assert that he or she was unable to work as a result of a disability, while also claiming to be looking for work. These statements are in direct opposition to each other, so it is basically impossible for a person to legally obtain both unemployment and disability benefits. In fact, even attempting to collect both types of benefits can lead to fraud charges. When a person collects unemployment benefits while waiting to hear from the SSA about his or her eligibility for disability benefits, the latter will automatically be reduced to account for the period of time that he or she was collecting from both programs. In either case, recipients of unemployment benefits cannot continue to receive full payments from the SSA as well as the state. The Legal Representation You Deserve While those with disabilities are often able to collect benefits from multiple federal programs, they are generally not permitted to collect both unemployment benefits and compensation for disability expenses. If you have questions about what types of benefits you are eligible for, please contact James R. Comerford at The Comerford Law Office, LLC by calling 312-863-8572 or by sending us an online message to schedule a free case evaluation.

Are Children Eligible for Social Security Disability Benefits?

Although many people are not aware of it, there are actually a number of different ways that children can collect Social Security disability benefits. To find out whether you or your child qualifies for these types of federal benefits, please call a member of our Social Security disability benefits legal team today. Low-Income Children with Disabilities Children with disabilities whose families have a low income are often eligible to collect Supplemental Security Income (SSI) until they turn 18 years old, at which point they may actually be able to start collecting adult benefits. However, only those children who meet the Social Security Administration’s (SSA’s) disability requirements fall under this category. In these cases, a portion of the child’s parents’ income will be attributed to the minor for the purposes of determining whether the applicant is financially eligible. After turning 18 years old, the recipient will need to satisfy the definition of disability for an adult and can no longer use his or her parents’ income when determining eligibility. The SSA considers a person disabled if: He or she cannot do the work that he or she previously did; He or she cannot adjust to other work as a result of his or her medical conditions; and His or her disability is expected to last for a minimum of one year or to result in death. Only when a person satisfies this definition of disability can he or she collect benefits after turning 18 years old. Children with a Qualifying Parent Fortunately, just because a child does not qualify for SSI does not mean that he or she will be barred from collecting benefits. This is because children who are under the age of 18 years old and have a parent, adoptive parent, or stepparent who is receiving Social Security Disability Income (SSDI) or Social Security retirement benefits could be eligible to collect dependents benefits, which are also known as auxiliary benefits. This is true regardless of whether the child is him or herself disabled. Children who are 19 years old also fall under this category if they are full-time students. In these cases, children are eligible for up to 50 percent of their parents’ monthly benefit. Disabled Adults Those who are over the age of 18 years old, but who became disabled before they turned 22 years old can also collect disability benefits, but only if they have a parent who is eligible to collect SSDI or Social Security retirement benefits. In fact, this even applies to children whose parents are deceased, as long as they were entitled to one of those benefits before they passed away. Call Today for Help with Your Case If your parent is disabled or you have reason to believe that you qualify for benefits as a result of your own disabilities, please call The Comerford Law Office, LLC at 312-863-8572 today to speak with dedicated and compassionate Social Security disability benefits attorney James R. Comerford. Consultations are conducted free of charge, so please don’t hesitate to call or contact us online.

What to do When Your Disability Benefits are Denied

According to data published by the Social Security Administration (SSA), approximately 65 percent of applications for disability benefits are denied every year. Fortunately, those who have been denied benefits have the right to appeal the decision in court. There are, however, a variety of requirements with which claimants must comply. For example, all initial appeals must be made in writing within 60 days of the date of denial. Those who fail to abide by these rules will have their request for appeal denied. To help avoid this type of mistake, you should consider retaining a Social Security disability lawyer who is familiar with and can help you navigate the appeals process. Reconsideration The first level of appeal for those whose disability claims have been denied is known as reconsideration. During a reconsideration, a Social Security representative will evaluate the evidence that was submitted when the original decision was made. However, claimants are permitted to submit additional evidence to bolster their claim. In most cases, a representative will be able to conduct a complete review of all relevant files without requiring the presence of the claimant. Hearings Those who disagree with a reconsideration decision have further options, as they can request a hearing, which will be conducted by an administrative law judge. Prior to the hearing, the judge may ask the claimant to clarify certain information or will ask for additional evidence. At the hearing, the judge can question the claimant in person, as well as any witnesses who can support the claim, including medical and vocational experts. In some cases, judges are willing to hold hearings via video conference, so claimants are not required to travel a great distance. Video conferences are also usually scheduled faster than in-person hearings. Once the judge has heard all of the evidence, he or she will send a letter containing the decision. Appeals Council In the event that a claimant’s appeal is denied, he or she can ask for a review by the Social Security Appeals Council. However, the Appeals Council does not accept all requests, and if it believes that the hearing decision was correct, it will deny the claimant’s request. If the Council does decide to review the case, it will either make the decision itself based on the evidence presented in the earlier proceedings or send it back to an administrative law judge. Federal Court Claimants who disagree with the Council’s decision, or whose request for review was denied, have the option of filing a suit in federal district court. Both parties will present briefs where they will attempt to persuade the judge that, in light of the medical evidence, the lower court failed to make its decision in accordance with the law. However, no new evidence can be introduced at this time. Instead, the parties will be limited to the evidence that they presented in the earlier proceedings. After reviewing the evidence, the judge will issue a decision either remanding the case to the lower court, overturning the prior decision, or denying benefits. Although some claimants are successful in federal court, it generally becomes more and more difficult to convince a judge that the earlier reviews were incorrectly decided at this level. Contact a Disability Attorney for a Free Case Evaluation Today If you filed a claim for disability benefits that was denied, please contact us at The Comerford Law Office, LLC by calling 312-863-8572 to discuss your case with an experienced attorney.

Collecting Social Security Disability for a Mental Illness

While most people apply for disability benefits when they struggle with a physical medical condition, it is possible to collect benefits for a mental illness. Unfortunately, it is even more difficult to collect benefits for a mental illness than it is for a physical condition, so if you are struggling with a mental illness, it is critical to speak with an experienced Social Security disability attorney who can help you file a claim. Disability Ratings When evaluating whether a condition falls under the Social Security Administration’s (SSA’s) definition of a disabling condition, a representative of the agency will refer to the official list of impairments. This list contains medical conditions that Social Security recognizes as being inherently disabling. This means that the agency automatically accepts that someone who suffers from a listed condition is unable to participate in substantial gainful activity. The examiner will evaluate whether an applicant’s symptoms meet the criteria of a specific mental condition, and if they do, he or she will be eligible to collect benefits. Mental Disorders The SSA’s listings for mental disorders are divided into the following categories: Neurocognitive disorders; Schizophrenia spectrum and other psychotic disorders; Depressive, bipolar, and related disorders; Intellectual disorders; Anxiety and OCD; Somatic symptom disorders; Personality and impulse control disorders; Autism; Neurodevelopmental disorders; Eating disorders; and Disorders related to trauma or stressors. SSA examiners review a claimant’s medical records to determine whether his or her condition falls under one of these categories. Disability examiners also base their decisions on the clinical notes of mental health professionals and third party questionnaires. These questionnaires are completed by a claimant’s friends and family members who must answer questions about the claimant’s condition and normal daily routine. Residual Functional Capacity Assessments Fortunately, even if a disability is not included on the SSA’s list, claimants who have been diagnosed with a chronic mental condition may still be eligible for benefits if it prevents them from working. However, before a claim for benefits will be approved, the examiner will first evaluate a claimant’s Residual Functional Capacity (RFC) Assessment, which helps determine what kinds of work activities a claimant can participate in despite impairment or treatment. The SSA considers four different areas of functioning to determine a mental RFC, including: Understanding and memory, which evaluates how well a claimant can understand, remember, and carry out instructions; Social interactions, which refers to a claimant’s ability to interact appropriately with other people over a period of time; Concentration and persistence, which evaluates how well a claimant is able to focus on interests and activities; and Adaptation, which involves a claimant’s ability to respond to normal work pressures. If, after reviewing the evidence, the SSA decides that the disorder-related symptoms are so limiting that a claimant cannot perform any type of job, he or she can begin receiving benefits under a medical vocational allowance. Call Today to Schedule a Free Consultation With a Social Security Disability Attorney Please call The Comerford Law Office, LLC at 312-863-8572 if you are struggling with a mental illness and believe that you may qualify for disability benefits. A member of our legal team is standing by and eager to address your questions and concerns.

Social Security Disability Claims: What You Need to Know About ALJ Hearings

If your initial Social Security disability claim has been denied, you have likely been left feeling confused and frustrated. Please know that you are not alone. According to data collected and published by the Social Security Administration (SSA), less than 30 percent of all disability claims are approved following an initial review. Yet nearly 45 percent of all claims are eventually approved. This raises an obvious question: Why is there such a large gap? The answer is because many mistakes are made during the initial claims process, sometimes by applicants and sometimes by the SSA. If your claim has been denied, you need to keep fighting for your benefits. Here, our experienced Chicago Social Security disability attorneys discuss one of the most important aspects of the SSDI appeals process: The administrative law hearing. Administrative Law Judge Hearings: Three Frequently Asked Questions (FAQs) What is the Process for Requesting a Hearing? After you submit your initial SSDI application, you will need to wait for a decision that comes in the mail. If the decision is adverse, then your first step of appeal is to ask for a ‘reconsideration’. Essentially, this means that your file will be looked at again by a fresh pair of eyes at the SSA. If your claim is denied after a reconsideration, then you will need to request an administrative. This hearing can be requested by submitting a form online or by mail. Note that you must submit your request for a hearing within 60 days of receiving a decision from the SSA. The failure to act in the time period may result in your request for an ALJ hearing being denied. What Actually Happens During the Hearing? The ALJ hearing is extremely important. Indeed, during it, you will have the opportunity to submit evidence regarding any issue related to your claim. In their denial letter, the SSA must tell you precisely why they rejected your disability claim. This means that you will have a chance to directly address whatever perceived problem there is with your application at your administrative hearing by presenting evidence on the issue. More specifically, you may: Bring witnesses; Submit testimony from experts; and Present additional medical documents or evidence. Is the Administrative Law Judge’s Decision Final? No. The administrative hearing is merely the second step in the four step appeals process. After going through a hearing with an ALJ, you can request to have the judge’s decision reviewed by an appeals council. If you are still unhappy with the result of that review, you may then file a lawsuit in federal court. Contact Our Office Today At the Comerford Law Office, LLC, we have extensive experience handling Social Security disability claims. If your benefits were denied, we can help. To request a free review of your claim, please Call us today at (312) 863-8572 or reach out to us directly online. From our office in Chicago, we serve communities throughout the region, including Evanston, Skokie and Wilmette.

Understanding a Technical Denial of Your Social Security Claim

If you applied for Social Security disability benefits (SSDI) and received a “ technical denial,” you may be wondering what that means. SSDI claims are commonly rejected based on medical grounds, meaning that the Social Security Administration (SSA) did not feel that the claimed medical conditions were sufficient enough to warrant SSDI benefits. However, a technical denial occurs when the claimant is found ineligible for benefits even before the SSA reviews the medical proof. In order to help you understand why you might have received a technical denial, consult with the Chicago Social Security lawyer at The Comerford Law Office, LLC today. Grounds for a Technical Denial When individuals come to us with a technical denial, we explain to them that there is one of three reasons that they could have been denied. They include: Making Too Much: If, despite your disability, you are employed, and if you make more than the “substantial gainful activity (SGA)” threshold, which is currently $1,130, you will receive a technical denial; You Did Not Work Long Enough: In order to be eligible for SSDI benefits you must have worked a certain number of years and contributed to the nation’s overall Social Security fund. The amount of years you must have worked is directly related to your age. To learn more about the age/contribution eligibility requirements, check out this contribution and benefit base chart. You Have Not Worked Recently Enough: Another reason that you may have received a technical denial is because you have not worked recently enough—or, more specifically, you were not disabled before the date that you were last insured. SSDI lapses if you do not pay into it. As a general rule, the SSA requires that you worked at least five of the past ten years in order to qualify for SSDI benefits. If you have not, and if your disability did not occur within five years of the date last insured (DLI), you may have received a technical denial. Appealing a Technical Denial Unfortunately, most technical denials are set in stone and cannot be reversed. For instance, if you have not contributed enough to SSDI through work credits, appealing the administration’s decision is not going to change that fact. However, if you feel that the SSA unfairly or wrongly evaluated your income, or if the denial was due to missed paperwork, missing information, or some other error, we may be able to build a case. Though appealing a technical denial is not always easy, if you believe that you were wrongly denied your Social Security benefits, reach out to the team at The Comerford Law Office, LLC for a case evaluation, advice, and a legal strategy. To schedule a free consultation with James R. Comerford, leading attorney and founder of our Chicago firm, call 312-863-8572 today.

When Children Can Receive Social Security Benefits

When people think of Social Security beneficiaries, they think of elderly and disabled individuals. Not too often does a young child pop into mind. However, according to the Social Security Administration, approximately 4.4 million children receive Social Security benefits each year. These children receive benefits because one or both of their parents are disabled, retired, or deceased. If you are interested in applying for Social Security benefits for children, reach out to the team at The Comerford Law Office, LLC to speak with an attorney regarding the eligibility requirements you and your family must meet in order to have your claim approved. Eligibility Requirements for Child Social Security Beneficiaries In order for your child to qualify for Social Security benefits under you, he or she must be your biological child, adopted child, stepchild, or dependent grandchild. They must also meet the following eligibility requirements: They must be under the age of 18; They must be unmarried; They may be between 18 and 19 years old if they are a full time student, and no higher than grade 12; and/or They can be 18 or older if they are disabled, and if that disability started before the age of 22. Unless the child is disabled, normal benefits will stop when the child reaches the age of 18 or, if the child is still at a secondary (or elementary) school at the age of 18, when the child graduates or after two months after the child turns 19, whichever comes first. If your child does receive Social Security benefits under you, it will not decrease the amount of retirement benefits you stand to receive. In fact, many older and/or disabled parents find it more advantageous to take their benefits earlier when they have younger children to support. Amount of Benefits Your Child May Receive Each qualified child may receive up to one half of your full retirement benefit amount. With that in mind, your family as a whole is limited to the amount of benefits it can receive. While this amount varies on a case-by-case basis, the general consensus is that no family shall receive more than 150 to 180 percent of the main beneficiary’s full retirement benefit. The amount changes again if your child works. If your child holds a job, the same earnings guidelines apply to them as apply to you. Retain the Help of a Chicago Social Security Lawyer Applying for Social Security benefits is, in general, a difficult and time-consuming process. However, when you attempt to apply for children’s benefits, it becomes even more so. This is because children are not the prime or even intended demographic for social security benefits. When you apply for benefits for your child, you may get denied. If you do, reach out to Social Security attorney James R. Comerford at The Comerford Law Office, LLC in Chicago. We understand how the SSA thinks and operates, and can help you successfully obtain the benefits you need to raise your family. To learn more, call 312-863-8572 to schedule your free consultation today.

What Is Disability Back Pay?

What Is Disability PayBack? Ask A Social Security Attorney Libertyville If you have been awarded Social Security disability benefits by the Social Security Administration (SSA), you will probably also be entitled to back pay benefits, also known as past due benefits. When your claim for disability benefits is approved, make sure you know whether or not you are entitled to back pay benefits as well, and contact an attorney if you have questions. What Are Past Due Benefits? When your application for Social Security disability is approved, you are entitled to start receiving your benefits on the sixth full month after the date that your disability began. Because it is very likely that it took months’ worth of time to process your claim, you may be entitled to past due benefits for this time frame. In fact, in some cases, you may also be eligible for retroactive benefits up to one year prior to the date of your original application for Social Security disability benefits. Important Dates to Know The Social Security Administration uses two important dates to calculate how much you are owed in disability back pay: Your claim application date and your disability established onset date (EOD). The date that you file your application is typically considered your EOD, and the date that will be used to determine back pay. However, if your disability began well before you applied for benefits, you can challenge the EOD – you should hire an attorney to represent you during this process. The Five-Month Waiting Period Remember, there is still the five month waiting period. For example, if the onset date of your disability was 12 months from the date that you were approved for benefits, you would be entitled to seven months of backpay. As a note, there is no mandatory five-month waiting period for SSI (Supplemental Security Income) claims. How Are Past Due Benefits Paid? Past due benefits are paid in one of two ways: as a lump-sum payment or in three separate payment increments. You will most likely receive the payment in three periodic payments unless special circumstances warrant a lump-sum payment. The Benefits of Working with a Social Security Disability Attorney When you are filing a claim for Social Security disability benefits, it is important to know as much as you can about the process and be prepared for any hiccups along the way. It is also important to understand the full extent of the benefits to which you are entitled, including disability back pay. At The Comerford Law Office, LLC, we want to make sure that you get your full benefit amount. We can represent you if there is a dispute over your established onset date, and help you to understand for which months you may be entitled to benefits. To learn more about our services and the Social Security disability process, contact us today. A consultation with our experienced Chicago Social Security lawyers is always free.

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