The Office of Steven McNeely Attorney handles Social security Disability and has for Twenty Years. I have taken them to Federal Court.
CONTACT INFORMATION
The Law Office of Steven McNeely
dba Attorney at Law
Centennial Road, Jacksonville AR 72076
PHONE 501-983-9055
Text: 501-580-2486
FAX: 501-983-9022
EMAIL smcneely@arkansasworkinjury.com
The Fee arrangement is Contingent on winning your case.
To Understand Social Security Disability you need to understand Normal Social Security Retirement First.
SOCIAL SECURITY IN A NUT SHELL
If you worked and paid in to the system you can draw full social security at full retirement age, which for most people it is the age of sixty-seven (67).
You can draw early retirement at the age of sixty-two (62) but it is at a reduced amount about 30% less. Also if you elect early retirement you can not make over a certain amount in wages for the year 2018 this amount is around $17,000.00. This off set ends when you reach full retirement age. Note early retirement is reduced but you are drawing it longer.
In Example (IE): you draw $1,000.00 a month when you turn 67, you draw this for 4 years at which time you turned 71 years of age, you would have drawn $48,000.00, by the time you turned 71. If you retired early at 62, you would draw $700.00 a month, from the age of 62 through 67, or five years you would have drawn $42,000.00. You would continue to draw this amount four 4 more years until the age of 71, you would have drawn another $33,600.00 or a total of $75,000.00
There is a number of thing to consider, wages you are giving up because of retirement and the fact that the center for dieses control has our life expectancy about eighty-one years of age (81).
You can also draw off your spouses record, but the spouse has to be drawing social security or be dead. If a spouse retires early on the other spouses, who is alive, the reduction is closer to 50%.
Widows with children can draw based on their children or disability at age 50 or early retirement at the age of sixty (60). Widow benefits also requires the marriage end in death or the prior marriage to the deceased had to have lasted for ten (10) years or more.
American’s are entitled to medicare when they turn sixty-five (65) or have been found disabled for thirty months (30). Medicare part A is free and covers hospital stays, Part B you pay for and covers doctor visits, part D covers prescriptions. Medicare has co-pays and deductibles.
Social security disability (SSD) is your retirement early because of a physical or mental condition you are no longer able to work. It pays based on what you paid in to the system or how much you made. It will also pay benefits to your children if they are minors or still in high school.
Supplemental security Income(SSI)-financial means based. You do not have to work are pay into the system, but you must have very, very limited financial assets.
Disability
To receive social security disability you must prove that you have a mental or medical condition that prevents you from working for 12 months or more.
There are three types of social security benefits:
Social security retirement, or early retirement at age of sixty-two (62)
Social security disability (SSD)- this is drawing your retirement early because you are disabled.
Supplemental security Income(SSI)-financial means based
DISABILITY-An inability "to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less then 12 months"
SUBSTANTIAL WORK ACTIVITY- Work may not be substantial when claimant is unable to do ordinary or simple task satisfactory without more supervision or assistance than is usually given other people doing similar work’ or when a claimant is doing work "that involves minimal duties that make little or no demands" on the claimant and that are of "little or no use" to the employer.
The Eighth Circuit has said we recognize that "a treating physician's opinion is generally entitled to substantial weight"; however, such an "opinion does not automatically control in the face of other credible evidence on the record that detracts from that opinion."Heino v. Astrue, 578 F.3d 873, 880 (8th Cir. 2009). "Moreover, an ALJ may credit other medical evaluations over that of the treating physician when such other assessments are supported by better or more thorough medical evidence." Id. at 879. When deciding "how much weight to give a treating physician's opinion, an ALJ must also consider the length of the treatment relationship and the frequency of examinations." Casey v. Astrue, 503 F.3d 687, 692 (8th Cir. 2007). "When an ALJ discounts a treating physician's opinion, he should give good reasons for doing so." Davidson v. Astrue, 501 F.3d 987, 990 (8th Cir. 2007)
WORKERS COMPENSATION OFFSET
Retirement social security does not have an offset for workers compensation benefits. In fact the reduction stops on disability benefits once an individual reaches full retirement age.
Supplemental security Income, does not have an offset the settlement amount could disqualify them for continued benefits because they no longer meet the financial means qualifications.
Social security disability is the one that can have the off set. Social Security disability benefits, including benefits payable to claimant’s family members, are added together with your workers’’ compensation or other public disability payment to ensure they do not exceed the high five or average current earnings. A lump sum settlement of a workers compensation claim will eliminate this off set.
Social Security facts:
SSI does not pay dependent benefits
SSI maximum amount for SSI for 2018 are $750.00 for an eligible individual,
SSI only pays form application date forward
SSI does not have a waiting period.
SSD: does pay dependent benefits to the claimant’s minor children.
SSD pays based on an individual’s work record, maximum a family can receive is 150% of the Primary Insurance amount.
SSD can pay retro benefits for 12 months before the application, and there is a 6 month waiting period.
The Office of Steven McNeely Attorney handles Social security Disability and has for Twenty Years. The Fee arrangement is Contingent on winning your case.
CONTACT INFORMATION
The Law Office of Steven McNeely
dba Attorney at Law
Centennial Road, Jacksonville AR 72076
PHONE 501-983-9055
Text: 501-580-2486
FAX: 501-983-9022
EMAIL smcneely@arkansasworkinjury.com
The Fee arrangement is Contingent on winning your case.
To Understand Social Security Disability you need to understand Normal Social Security Retirement First.
SOCIAL SECURITY IN A NUT SHELL
If you worked and paid in to the system you can draw full social security at full retirement age, which for most people it is the age of sixty-seven (67).
You can draw early retirement at the age of sixty-two (62) but it is at a reduced amount about 30% less. Also if you elect early retirement you can not make over a certain amount in wages for the year 2018 this amount is around $17,000.00. This off set ends when you reach full retirement age. Note early retirement is reduced but you are drawing it longer.
In Example (IE): you draw $1,000.00 a month when you turn 67, you draw this for 4 years at which time you turned 71 years of age, you would have drawn $48,000.00, by the time you turned 71. If you retired early at 62, you would draw $700.00 a month, from the age of 62 through 67, or five years you would have drawn $42,000.00. You would continue to draw this amount four 4 more years until the age of 71, you would have drawn another $33,600.00 or a total of $75,000.00
There is a number of thing to consider, wages you are giving up because of retirement and the fact that the center for dieses control has our life expectancy about eighty-one years of age (81).
You can also draw off your spouses record, but the spouse has to be drawing social security or be dead. If a spouse retires early on the other spouses, who is alive, the reduction is closer to 50%.
Widows with children can draw based on their children or disability at age 50 or early retirement at the age of sixty (60). Widow benefits also requires the marriage end in death or the prior marriage to the deceased had to have lasted for ten (10) years or more.
American’s are entitled to medicare when they turn sixty-five (65) or have been found disabled for thirty months (30). Medicare part A is free and covers hospital stays, Part B you pay for and covers doctor visits, part D covers prescriptions. Medicare has co-pays and deductibles.
Social security disability (SSD) is your retirement early because of a physical or mental condition you are no longer able to work. It pays based on what you paid in to the system or how much you made. It will also pay benefits to your children if they are minors or still in high school.
Supplemental security Income(SSI)-financial means based. You do not have to work are pay into the system, but you must have very, very limited financial assets.
Disability
To receive social security disability you must prove that you have a mental or medical condition that prevents you from working for 12 months or more.
There are three types of social security benefits:
Social security retirement, or early retirement at age of sixty-two (62)
Social security disability (SSD)- this is drawing your retirement early because you are disabled.
Supplemental security Income(SSI)-financial means based
DISABILITY-An inability "to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less then 12 months"
SUBSTANTIAL WORK ACTIVITY- Work may not be substantial when claimant is unable to do ordinary or simple task satisfactory without more supervision or assistance than is usually given other people doing similar work’ or when a claimant is doing work "that involves minimal duties that make little or no demands" on the claimant and that are of "little or no use" to the employer.
The Eighth Circuit has said we recognize that "a treating physician's opinion is generally entitled to substantial weight"; however, such an "opinion does not automatically control in the face of other credible evidence on the record that detracts from that opinion."Heino v. Astrue, 578 F.3d 873, 880 (8th Cir. 2009). "Moreover, an ALJ may credit other medical evaluations over that of the treating physician when such other assessments are supported by better or more thorough medical evidence." Id. at 879. When deciding "how much weight to give a treating physician's opinion, an ALJ must also consider the length of the treatment relationship and the frequency of examinations." Casey v. Astrue, 503 F.3d 687, 692 (8th Cir. 2007). "When an ALJ discounts a treating physician's opinion, he should give good reasons for doing so." Davidson v. Astrue, 501 F.3d 987, 990 (8th Cir. 2007)
WORKERS COMPENSATION OFFSET
Retirement social security does not have an offset for workers compensation benefits. In fact the reduction stops on disability benefits once an individual reaches full retirement age.
Supplemental security Income, does not have an offset the settlement amount could disqualify them for continued benefits because they no longer meet the financial means qualifications.
Social security disability is the one that can have the off set. Social Security disability benefits, including benefits payable to claimant’s family members, are added together with your workers’’ compensation or other public disability payment to ensure they do not exceed the high five or average current earnings. A lump sum settlement of a workers compensation claim will eliminate this off set.
Social Security facts:
SSI does not pay dependent benefits
SSI maximum amount for SSI for 2018 are $750.00 for an eligible individual,
SSI only pays form application date forward
SSI does not have a waiting period.
SSD: does pay dependent benefits to the claimant’s minor children.
SSD pays based on an individual’s work record, maximum a family can receive is 150% of the Primary Insurance amount.
SSD can pay retro benefits for 12 months before the application, and there is a 6 month waiting period.
The Office of Steven McNeely Attorney handles Social security Disability and has for Twenty Years. The Fee arrangement is Contingent on winning your case.
