CAN YOU DO IT YOURSELF?

[queenbee]

GOOD MORNING ALL
DOES ANYONE KNOW IF YOU NEED AN ATTORNEY TO APPLY FOR SSD[/color]

[Still in Limbo]

Actually, you should apply for SSDI the first time by yourself, sometimes you get approved on the first try, and you don't have to pay any Attorney Fees!! That's what happened to me, I went to the Local SS Office, (It's best to make an appointment) applied on my own, and was approved in 3mos./3wks. without an Attorney and at my Age of 44, 90-95% of first Applications are denied! So it can work, you can apply online, but I thought it was Best to go to the Office, so I could look face to face and see that everything was taken care of the first time, and mistakes were cleared up before anything was sent. Best of Luck, if you get Denied on your first try, then it's time to get an Attorney to Help!!

[queenbee]

Still in Limbo Wrote:Actually, you should apply for SSDI the first time by yourself, sometimes you get approved on the first try, and you don't have to pay any Attorney Fees!! That's what happened to me, I went to the Local SS Office, (It's best to make an appointment) applied on my own, and was approved in 3mos./3wks. without an Attorney and at my Age of 44, 90-95% of first Applications are denied! So it can work, you can apply online, but I thought it was Best to go to the Office, so I could look face to face and see that everything was taken care of the first time, and mistakes were cleared up before anything was sent. Best of Luck, if you get Denied on your first try, then it's time to get an Attorney to Help!!

A BIG THAK YOU

[capricorn]

The only thing I would like to add is that IF denied, contact an attorney immediately. My husband's attoreny's paralegal never gave the attoreny the message that he had been deined and when my husband talked to him about the attorney said that IF the attoreny gets involved at the reconsideration phase most times they can speed things up. Instead my husband waited two years for a hearing. Just my experience.


CAP

[rjaffman]

You can and should apply for SSD yourself, however, it may be helpful to have the assistance of an attorney immediately thereafter.

I encourage all my "eligible" clients to apply and call me ASAP. I have found that many of my clients "forget" to mention condiitions or doctors names and with out my assistance, they get denied due to forgetfulness or not realizing they should mention all their disabilities as opposed to just their work in jury.
Amazingly one client of mine told me he applied on his own and his attorney for the motor vehicle accident told him NOT to mention to SSA the car accident he had where he suffered 4 herniated disks in his back, and just mention his mental disorder.

Keep in mind that the Fed Gvt limits atty fees to 25 % or $ 5300 of the initial back due check, and unlike WC there is only a one time fee not an on going fee.

It is imperative to have an Atty for the Hearing before the ALJ.

[Pooh]

I agree with Mr. Jaffman that you can and should apply the first time yourself. Also if the SSDI office is close to you - then by all means go in person so that they can see you face to face. Sometimes this can help speed things up - plus they can do things like take copies of your birth certificate and other documentation that the government will need at that point.

FYI - If you live in a 2 income household - remember to fill out a i-9 for taxes to come out as well - as SSDI will surely be taxable if your combined income is over a certain amount. So better to have it taken out up front than pay it at the end of the year.

If you get a lump sum settlement - it may be worth the investment of having your taxes done professionally the first year because of the complications of the lump sum thing with the SSDI disbursement and the possible refilling of several tax years.

These are just some things that attorneys don't tell you about - but I have learned along the way since driller got a lump sum - we were lucky and didn't have to refill any past years taxes - but doing them got to be confusing even for me who love math. I will blame it on the meds. lol

[Still in Limbo]

Pooh, Personal SSDI is not taxable, if the injured party is only receiving SSDI or SSDI and w/c. The income of the other holds no bearing. SSDI is a personal indemnity paid to an injured individual, and alone is not taxable, unless the person on SSDI makes over a certain amount by working.

[Pooh]

Limbo

That is where you are wrong - if the combined income when your filing joint is over a certain amount is above a limit - then it will become taxable.

I think last year that figure was like 37K or around there.

So say your married and your spouse makes 25K a year and you make 14K a year - then the portion over that total amount will then become taxable when you are doing the lump sum calculations since most of us get the initial disbursements of SSDI in lump sum.

It was quite an ordeal to say the least - the first 3 years were not taxable - but what little he drew in 2006 was taxable - all of it - because of what he made - if that makes sense to you. Driller was one of the few that went back to work - if you remember correctly - and that could be why his was taxable for the small amount he got in 2006.

But they said if I get ssdi - then mine may be taxable as well because of his income - so I will leave it up to an accountant to figure it out when the time comes. No more trying to figure something out with the meds I am on. lol

[Still in Limbo]

The reason his was Taxable was because he went back to work. If he hadn't it wouldn't have been taxable. And if you don't return to work and draw SSDI, it doesn't matter if Driller makes $100,000 a year, as long as you are not working, you are not taxable. What you are explaining is initial lump sums of back SSDI, when there is work involved and you are correct. But the Spouses Wage doesn't matter if the injured Person doesn't work and only collects SSDI. I had TTD and SSDI payments last year, and they sent me a statement of approx. 27,000.00. I called H and R Block and all was non-taxable. The only income taxable was my Wifes income. I think in your situation it was Driller going back to work that caused the taxation.

[red1030]

Hi all,

Actually Pooh and Limbo, you are both right and you are both wrong. Here is a site that explains the entire process for you. http://www.irs.gov/pub/irs-pdf/p915.pdf

What you should find is that this is very complicated. For instance, if a person makes on SSDI 10,000.00 per year they begin their tax review by dividing that amount by 50% which equals $5,000.00. Now lets say that this couple has a long term pension of lets say $30,000.00 per year and then the husband makes 20,000.00 per year. This would total 30 + 20 + 5 = $55,000.00. What happens in a case like this, the government has set a standard amount of income that determines how a person does or does not pay taxes on SSDI. A couple filing joinedly will claim only 50% for an amount over 25,000.00 and less than 44,000.00 but they will claim 85% for any amount over $44,000.00. So in the example above they are going to claim 55,000.00 minus the $12,000.00 standard deduction which will then be $43,000.00. This number falls under the 44,000.00 mark of 85% and falls with the mark of 50%. At this point a person takes the 43,000.00 and minuses 25,000.00 which leaves a person with $15,000.00. At this point you take the $15,000.00 and times it times 0.50 which would equal 7,500.00. So a person who makes 10,000.00 per year from SSDI will pay only the percentage required for $7,500.00. This would be less than 10% so it would be around 750.00 or less. Also remember the numbers I used above for the taxable pension and the spouses income is the income after all the deductions have been completed. Now if a person is on SSDI and the combined totals do not equal $25,000.00 annually then there is not social security taxes. For instance lets say that the SSDI is 10,000. The spouse makes $19,000.00. The 10,000 is divided by two as above equaling $5,000. Add the $5,000 + the $19,000 which would equal $24,000.00. There would be no percentage of taxes paid. The forms for the SSDI and the taxable income is all done separately. This is the taxes you will pay on the SSDI portion only. I tried to make this simple to understand, it is easier if you read the site that I referenced for you. I hope this helps. I may have missed a thing or two. I have yet to do my SSDI taxes, I have been doing my own taxes since I got married and took a course with H&R block more than 25 years ago. I may be a lot rusty so I may be figuring or doing it a little off. This is just what I understood what I read.

Queenbe in terms of a lawyer..that is solely up to you. I believe everyone has given you some very good advice. Like Limbo said only about 10% are accepted in the first stage. I was accepted in the second stage which is called the reconsideration stage. I have MS and it is very difficult for a person with MS to obtain SSDI because of the nature of the disease. I did a lot of research that helped me to understand what exactly they where looking for. The only thing that the lawyers did for me was to review everything and give feedback before I sent it back in. I did a lot of research and made myself learn their definitions. Also I hired a private nurse to come to my home to do a home visit and write a report for SSDI. This helped a lot. She could see first hand and report it to them about how my home is set up for my disability and what other things have happened in terms of family schedules to support me and give me the assistance that I need from time to time. If you need any assistance, pm me and I can sent you all the information that I have collected and filed away. Good luck.. Red