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February 2017 Archives

SSD claims and service members still receiving military pay

For Tennesseans who are suffering from an injury, illness or condition that came about as a result of their service in the military, the Social Security Administration has special programs that will suit these individuals. There are often questions about receiving Social Security disability benefits for Wounded Warriors. One issue that frequently comes up is whether military pay will influence the eligibility or if it will negatively affect SSD claims. Understanding this and other potential concerns is important when a person who suffered war-related injuries is seeking benefits.

What is the trial work period when receiving disability?

Tennesseans who are getting Social Security disability benefits for an illness, medical condition or injury might have a goal of returning to work. However, they may be worried about losing their disability benefits. This is where a trial work period can be beneficial. With the trial work period, the recipient can try to work while still being viewed as disabled by the Social Security Administration. The person can perform services for as many as nine months without losing disability benefits. It is not required for these months to be consecutive. Once the nine months has passed, the SSA will not consider the disability to be at an end. When the trial work period is over, the SSA will account for the work that was done in that time as a factor in deciding whether to end the person's disability benefits or not.

What if I can't pay to travel to my disability appeal?

Tennesseans who were denied Social Security disability and are appealing the case to an Administrative Law Judge (ALJ) might have to travel to attend the hearing. For some, this is a financial hardship that might lead to them abandoning filing an appeal for denied Social Security disability. Failing to appeal because of distance or finances is a mistake, because the Social Security Administration (SSA) will pay certain expenses to cover the travel. Even those who can afford it can have their expenses paid.

Can I get SSI benefits if I am not a U.S. citizen?

People who reside in Tennessee, are not citizens of the United States and have either a low income and few resources, are 65 or older, are blind or are disabled might want to seek benefits under the Supplemental Security Income (SSI) program. In general, those who fall into certain categories designated by the Department of Homeland Security (DHS) can apply for and receive SSI. They are the following: those who been a legal resident in the U.S. on August 22, 1996 and blind or disabled; those who already had been getting SSI on the above date and were lawful U.S. residents; and those who were legally admitted to be permanent residents under the Immigration and Nationality Act (INA) and have accrued 40 credits of work in the U.S. For the last category, a parent or spouse having worked might count.

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We serve clients throughout the United States. We charge no fees in disability cases unless we recover benefits for you. To schedule your free consultation with a Social Security Disability lawyer, call 800-945-4950 or contact us by email.

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