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Jennifer Frampton’s Answers

9 total

  • Will a settlement case interfere with my social security disability?

    I get disability plus my husbands ss after his death

    Jennifer’s Answer

    We need a bit more information to properly answer your question. If you are talking about a personal injury settlement the answer is no, this will not impact your social security disability benefits. If it is a worker's compensation settlement or another type of public disability settlement, it may affect and reduce your social security disability benefits; you will need to check with your attorney and/or a claims representative at your local social security office. I am also assuming this is social security disability and not supplemental security income (SSI). If you are receiving any portion of SSI, this benefit would definitely be affected by any settlement since SSI is a need based program. Finally, you should make your attorney aware of the fact you are on Medicare or will be eligible for it if s/he does not know you are collecting SSD. Depending on the size of the settlement, the attorney may need to set aside some portion for a Medicare trust. I hope this helps!

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  • What happens if your in the middle od a disability case and your credits (insured to date expires)

    im in the middle of a disbility (SSDI and SSI) apllication.i just found out im only insured until dec 2013,chances are ill have to appeal a few times before i get aproved (if at all) so i wont be aproved until AFTER my credits expire (i know i can...

    Jennifer’s Answer

    Your SSDI claim will not be dropped in December. However, as previously mentioned, it is extremely important that you appeal any denial. I find that most of these cases with a date last insured issue wind up going to hearing before an administrative law judge.
    You will need to prove that you became disabled prior to 12/31/13 to win on the SSDI claim. I agree it is best to discuss your strategy with an attorney who specializes in social security disability to ensure the case is properly developed prior to 12/31/13.

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  • I filed for social security disability in Feb. 2012. It was denied and I appealed. Yesterday, I received 2 separate envelopes

    from the SSA containing the same notices in each. One notice says "social security notice" and the other notice says "supplemental security income notice". Both say the following: "You must meet certain medical and non-medical requirements to ...

    Jennifer’s Answer

    Congratulations! This does mean your claim has been approved. The "non-medical" requirements are just making sure you are eligible or have adequate "quarters of coverage" for SSD. If you have been steadily employed prior to becoming disabled and paid social security taxes on your wages, this should not be an issue. The "non-medical requirements" for SSI claims relate to making sure your income and asset status fall under the SSI limits.
    Most of the time these letters are phrased this way because SSA has found you disabled but decided you became disabled on a different date than what you put down on your application. You do have the right to appeal the decision but it is wise to speak to an attorney or representative who specializes in SSD/SSI before pursuing an appeal. They will be able to advise you on how strong your case is using your original onset date of disability.

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  • Social Security Disability claim damaged by sending a letter to the President telling him how I have been treated??

    In Jan of this year my atty requested an OTR which was denied. My hearing is actually next week which is strange because as of March I was told it would be somwehere around the end of this year. In Jan, after receiving the OTR denial, I posted a l...

    Jennifer’s Answer

    Actually, I think this has helped your claim if anything. First, you were able to get a quicker hearing date. Second, from what you've described it sounds like you have a strong case. Your attorney must think so as well if s/he tried to get an OTR. The fact that judge #1 denied the OTR makes me think s/he may not have been too receptive to the case at hearing. So, it is probably a good thing that a new judge will hear your case.
    It is normal for claimants to contact a state rep or senator if they feel they have been treated poorly or unfairly by SSA or the case has been dragging on for a longer than usual period of time. I have never had a claimant contact the U.S. President or at least get a response from the U.S. President regarding their SS claim though! Good job and best of luck to you with your hearing.

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  • I have a sleep disorder called narcolepsy, where i have excessive daytime sleepiness, my question is am i eligible for benefits?

    narcolepsy is a neurological disorder that affects the control of sleep and wakefulness. People with narcolepsy experience excessive daytime sleepiness and intermittent,uncontrollable episodes of falling asleep during the daytime. these sudden sl...

    Jennifer’s Answer

    You may be eligible for benefits but keep in mind, SSA is more concerned with the severity of a medical impairment rather than the mere diagnosis in most cases. You will need to prove through documented medical evidence that the symptoms of your narcolepsy interfere with your ability to work to the point you are unable to sustain full time employment.
    You will also need to prove that your condition has kept you from working for a 12 month period or can be expected to keep you from working for a 12 month period. You will need to prove that you cannot perform your past relevant work meaning substantial work you have performed in the last 15 years and that you cannot make an adjustment to any other work given your age, education, training and medical impairments.
    There is a possibility that your condition may meet or equal a medical listing in which case SSA would not need to consider whether or not you could perform your past work or any work but it is probably best to discuss these issues with an experienced attorney or representative in your area.
    Finally, SSA requires a person to have worked long enough and have sufficient quarters of coverage to apply for Social Security Disability. If you have a steady and recent work history, this should not present a problem. If you are ineligible for social security disability based on this technical reason you can see whether you qualify for Supplemental Security Income. This is another disability program but it is need based so you need to satisfy certain financial criteria to submit an application. Hope this helps and good luck!

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  • My FMLA and short term disability benefits are about to expire.

    I do have a long term disability policy with my employer but have a two hour commute which is a true hardship due to my injury/disability. Is this typically taken into consideration by insurance companies or if I would need to file for social se...

    Jennifer’s Answer

    You may want to check with your Human Resources Department in regard to your Long Term Disability policy if you don't feel you are ready to return to work. If you have paid the premiums you should be able to collect on the policy provided you meet the insurance company's definition of "disabled."
    I agree with my colleague, that SSA typically does not take long commutes into account. They are more interested in determining whether you can perform the physical and mental requirements of your job on a full time basis or can make an adjustment to any other full time work given your mental and physical capacity.
    I have found that most long term disability policies tend to at least initially be a bit more lenient and focus on the person's ability to perform his or her own job. The Social Security Disability defintion of disabled requires an additional step and asks whether or not a person can perform any work on a full time basis even if s/he cannot perform his or her own job. These rules apply to people under the age of 50. You did not mention your age but as my colleague mentioned, the rules change after 50 and again at 55 and in some cases make it easier for a person to be deemed "disabled." So, you may have better luck with your long term disability for now but it isn't a bad idea to consider SSD especially if your condition has kept you from working for a 12 month period or will. Also, many long term disability carriers require their insureds to apply for SSD benefits if the illness or injury is going to keep them from working for a long period of time.

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  • Are there statute of limitations for the SSA to collect overpayments?

    Is there a statute of limitations the SSA can collect overpayments from a person who received Social Security Disability Income and Woker's Comp? My spouse was injured on his job in 1992 and received Worker's comp for 8 1/2 years. He also receiv...

    Jennifer’s Answer

    I am unaware of any statute of limitations regarding overpayments. Unfortunately, it often takes the government years to realize they overpaid a claimant. Worker's compensation issues do result in many Social Security Disability overpayments. That said, I am a little confused by your question. You say that the LTD carrier offset the worker's compensation payments. Are you certain it wasn't the SSD? The only reason I mention this is because long term disability will not offset SSD but worker's compensation will. Most of the time the effect of a worker's compensation settlement will stop any further SSD offset so if you have this paperwork be sure to show it to SSA. Also, make sure you provide information documenting any paid attorney fees if your spouse had a worker's compensation attorney.
    It does not sound like SSA actually sent you a Notice of Overpayment yet. If there is an overpayment they will send you a letter and you have the option of appealing the overpayment or filing a waiver or doing both. If you file a waiver you have to prove that the overpayment was not your fault and you cannot afford to pay it back. I hope this helps; best of luck to you.

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  • Why do judges reschedule ALJ social security disability hearings?

    And when are they generally rescheduled?

    Jennifer’s Answer

    Judges may reschedule hearings for a number of reasons but in my experience they rarely do. Sometimes it is for personal reasons, sometimes it is because they do not have a certain expert present to testify. However, if you appeared by yourself without an attorney or representative a lot of times the judge will reschedule the hearing so that you are able to obtain legal representation.
    It is hard to say when the hearing will be given a new date as it varies by hearing office and depends on the volume of cases. In general, I would say you are probably looking at 2-3 months. I hope this helps!

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  • If a person has a lawyer and is not happy with said lawyer; can you fire said lawyer and hire a different lawyer in their place?

    social security

    Jennifer’s Answer

    Are you referring to the lawyer handling your social security disability case? Check your fee agreement with them to see whether the agreement addresses this issue. You are always free to fire an attorney if you are not satisfied with their representation. However, I always recommend that claimants have a conversation with their attorney before making that final decision. Very often the attorney is handling the case the way it should be handled but the communication is poor. If you are comfortable with the way the case is being handled after the conversation you may change your mind.

    Also, many attorneys in social security matters will file a fee petition if you discharge them in order to receive some sort of compensation for the work they have performed. SSA must approve the fee petition, however. Therefore, it is possible you may wind up paying 2 attorneys if the discharged attorney does not withdraw and waive his or her fee. If the original attorney agrees to waive his or her fee the new attorney will be able to submit a contingent fee agreement.

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