The Kalfus Nachman Blog

Norfolk, Newport News, and Roanoke, Virginia

Archive for the ‘SSDI’ Category

Wednesday, October 2nd, 2013

With the Federal Government Shutdown in place, certain social securities services have been suspended. The Social Security Administration has released important information regarding the shutdown:

  • Social Security field offices are open with limited services
  • Hearings offices remain open to conduct hearings before an Administrative Law Judge (ALJ).
  • Social Security card centers are closed. Social Security and Supplemental Security Income payments to beneficiaries will continue with no change in payment dates.

Due to Congressional inaction to prevent the Government shutdown, only the following services will be provided at Social Security field offices:

  1. Help you apply for benefits
  2. Assist you in requesting an appeal
  3. Change your address or direct deposit information
  4. Accept reports of death
  5. Verify or change your citizenship status
  6. Replace a lost or missing Social Security payment
  7. Issue a critical payment
  8. Change a representative payee
  9. Process a change in your living arrangement or income (SSI recipients only)

The Social Security offices cannot provide the following services at this time:

  1. Issue new or replacement Social Security cards
  2. Replace your Medicare card
  3. Issue a proof of income letter

It is important to note that during the shutdown, Online Services will remain open. If you or a loved one need assistance regarding your social security claim contact the attorneys at Kalfus & Nachman today.

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Tuesday, January 29th, 2013

Our clients have worked hard their whole lives. They’ve paid taxes: local, state, federal, payroll, the whole batch. And when they get hurt, they turn to the Social Security Disability Insurance benefits to move them through the rough patch in their lives. The Social Security Disability lawyers at Kalfus & Nachman believe you’ve earned these benefits through the sweat of your brow and the money you’ve paid into the system over the years.

However, recent developments make it clear that it might be tougher than ever to access the benefits you deserve. The SSDI fund is in trouble. In this new environment, you need the skilled and experienced Social Security Disability lawyers at Kalfus & Nachman to champion your claim and shepherd it through the confusing application process.

An Exhausted SSDI Fund?

Over the years, more and more people have filed claims with the SSDI and drawn benefits. This number has only increased during the troubling economic times we’ve recently, and are currently, experiencing.

As a result, the SSDI fund is in danger of being exhausted. A recent report by the RAND Corporation found that the SSDI fund is currently spending more money than it takes in.

The result? Unless changes are made, RAND estimates that the fund will become bankrupt in 2016.

What does this mean for you if you’ve been injured and you file for benefits from the SSDI? No one can say for sure, but it certainly will not make your trip through the government bureaucracy any easier. The situation only magnifies your need for representation in the form of experienced Social Security Disability lawyers like the ones at Kalfus & Nachman.

If you’ve been hurt and you’re eligible for Social Security Disability Insurance benefits, please contact Kalfus & Nachman Attorneys at Law today for a free consultation.

Posted in SSDI
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Monday, January 21st, 2013

Fibromyalgia is a common condition that results in body-wide musculoskeletal pain and chronic fatigue, and often contributes to mood changes, anxiety and depression. Because the precise cause of fibromyalgia is not yet understood, however, many people with this debilitating condition have been denied the Social Security Disability Insurance (SSDI) benefits they need.

While many insurance companies do not view fibromyalgia as a disability, a 2012 ruling from the Social Security Administration (SSA) recognizes the disabling effects of fibromyalgia and offers clarity for SSDI claims examiners and administrative law judges when assessing fibromyalgia cases. If you suffer from fibromyalgia and are considering applying for SSDI benefits, or if you have been denied a previous SSDI claim, the Norfolk Social Security disability lawyers at Kalfus & Nachman may be able to help you.

Our experienced SSDI attorneys have helped numerous individuals and families throughout Virginia get the maximum Social Security benefits to which they are entitled, and we have proven record of success appealing denied claims. Although you are not required to work with a lawyer to file a claim for SSDI benefits or appeal a denial, your chances of receiving benefits are greatly improved when a knowledgeable attorney handles your claim.

Our lawyers understand the extensive medical documentation required to file a successful fibromyalgia claim, and we can lead you through the complex SSDI benefits process to help ensure you receive the financial security you need if you suffer from this painful impairment.

If you or a family member was diagnosed with fibromyalgia and is unable to provide income for yourself or your family, please contact Kalfus & Nachman for your free SSDI benefits consultation. Our Social Security disability lawyers welcome clients from the Norfolk, Newport News and Roanoke, Virginia, areas.

Posted in SSDI
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Wednesday, September 26th, 2012

An article in Forbes magazine claims that people are using Social Security Disability Insurance instead of looking for work, thereby driving up the numbers of unemployed. The article, titled “Add Disability to Obama’s Anti-Jobs Policies” by contributor Paul Roderick Gregory lays out his firm belief that people would rather claim disability than look for work in this kind of a job market.

Based on the difficulties many people already encounter in attempting to get SSDI benefits, those who are not truly deserving will have their claims rejected straightaway. Increasing the number of unemployed is not something SSDI claimants are doing.

Why Claim SSDI?

It’s easy to blame people for being lazy or undeserving of a government program that some may disagree with. However, SSDI beneficiaries have paid into the system and are only getting benefits because they suffered a medical condition that will keep them out of the workforce for at least a year or a condition that will ultimately result in death.

The truth is that many people, even those who deserve it, will be denied the first time they apply for SSDI benefits. Benefits are very hard to get and the government pays close attention to the reasons someone may want them. Many people consider the idea of SSDI as an option humiliating.

Reasons attributed to the number of increasing SSDI claims includes a rise in the number of women working, an aging Baby Boomer population, increases in life expectancy, and better medical advances that keep people alive, but disabled.

It is not for us to judge someone looking to get their SSDI benefits, and we are not going to blame the disabled for causing a rise in unemployment numbers. Work is scarce for many, both able bodied and disabled. Most people want to work and want to have some control over their future finances. The admission of needing SSDI means something catastrophic occurred for claimants.

What we can do is help you figure out the SSDI paperwork, why you may have been denied benefits in the first place, and help you resubmit to get them for badly needed financial support.

If you have questions about your SSDI claims, or would like to find out more about SSDI, please contact Kalfus & Nachman today. We serve the Norfolk, Newport News, and Roanoke, Virginia area.

Posted in SSDI
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Tuesday, June 14th, 2011

If you are not happy with the decision regarding your Social Security Disability Insurance (SSDI) claim, you have the right to file an appeal. The process of appealing a denied SSDI claim is highly complex, and it is in your best interest to work with an experienced attorney. Seeking legal representation for your appeal will greatly increase your chances of success.

It is important to understand that your appeal is time sensitive. You only have 60 days from the time you receive your denial letter to file your written appeal with the Social Security Administration.

There are four stages to the appeals process:

  • Reconsideration
  • Hearing by an administrative law judge
  • Review by the Appeals Council
  • Federal Court review

The first step is to request a reconsideration of your claim. During this phase, your claim will be reviewed again by someone who was not involved in the initial decision. You can present new evidence at this time in order to increase your chances of success.

If reconsideration does not return the successful outcome you desire, you can request a hearing with an administrative law judge. This hearing will usually be held in close proximity to your home, and it is recommended that you attend if at all possible. At this hearing, you will have the opportunity to present expert witnesses who can verify the severity of your condition.

The third phase of the appeals process is to request a review with the Social Security Appeals Council. There are three possible outcomes to your Appeals Council review:

  • Your request for review may be denied
  • The Appeals Council may review your case
  • Your case may be returned to an administrative law judge to be reviewed again

If you disagree with the decision at your Appeals Council review or if the Appeals Council chooses not to review your case, you may file a lawsuit in federal court. This is the last stage of the appeals process, and any decision delivered by the federal court will be final.

The Virginia SSDI lawyers at Kalfus & Nachman have more than 30 years of experience handling SSDI appeals. We will work with you throughout the entire appeals process, from the initial filing through your federal court lawsuit if necessary. The stakes are too high to go through the appeals process by yourself. Our lawyers will make sure your rights are protected so that you can receive the SSDI benefits you deserve.

Please contact our SSDI attorneys today to schedule your free initial consultation. Kalfus & Nachman serves clients in Norfolk, Newport News, and Roanoke, Virginia.

Posted in SSDI
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Monday, May 9th, 2011

The government has established Social Security Disability Insurance (SSDI) in order to provide benefits to individuals who are unable to work due to a disability. When going through the claims process, it is in your best interest to seek the assistance of an experienced SSDI attorney who can help ensure your claim gets approved in a timely manner.

When determining whether you qualify for SSDI benefits, the Social Security Administration will use the following criteria to establish that you in fact have a disability:

  • You have suffered an injury or illness which makes you unable to carry out your job as you once were able to
  • Your condition has prevented you from being able to get another job
  • Your condition will last one year or longer

If you are currently working or could conceivably secure a different type of job, the SSA will generally not consider you disabled. If you are unsure whether your condition will qualify, you should consult an experienced SSDI attorney at once.

It is not uncommon for the SSA to initially deny a claim. However, you have the right to appeal a denied claim, as well as any decision regarding your benefits which you believe was made incorrectly. Your appeal must be made in writing within 60 days of the SSA’s initial decision regarding your claim. The experienced Virginia SSDI attorneys at Kalfus & Nachman can help you with the filing of your appeal.

Once your claim has been approved, you will receive your SSDI benefits once a month. You will generally remain eligible to receive your SSDI benefits as long as your disability prevents you from working. However, if you become able to work down the road, your benefits may be discontinued. The SSA will review your case periodically to determine whether the status of your condition has changed.

The SSDI claims process is highly complex and time consuming. In many cases, it can take several years for your claim to be approved. By working with our Virginia SSDI attorneys, you can greatly reduce the length of time it takes to get your claim approved. At Kalfus & Nachman, we will make sure that your claim is handled properly during every stage of the process to help you receive these important benefits as soon as possible.

Please contact our experienced SSDI lawyers today to schedule your free initial consultation. Kalfus & Nachman serves clients in Norfolk, Newport News, and Roanoke, Virginia.

Posted in SSDI
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Tuesday, April 26th, 2011

Are you wondering whether it was a doctor or some sort of bureaucrat who decided to deny your claim for Social Security Disability Insurance benefits? The answer is somewhat complex. Doctors do have input into approval or denial of SSDI benefits, but they are not the only ones. If you have been denied or are considering applying for SSDI benefits, the Social Security Disability attorneys of Kalfus & Nachman can help you better understand the SSDI system and fight to get your SSDI claim approved.

Who Denied My SSDI Benefits?

When you file a claim for Social Security Disability Insurance, the Claims Representative who receives your paperwork forwards it to the state disability agency. In Virginia, this agency is Disability Determination Services, a division of the VA Department of Rehabilitative Services. In North Carolina, your claim goes to division of the NC Department of Health and Human Services of the same name.

Disability Determination Services then assigns your case to a Disability Examiner, who is charged with making the evaluation whether you have injuries or medical conditions that qualify for SSDI benefits. Here is where the doctor comes in. The Disability Examiner can order a consultative medical evaluation in which a doctor, psychiatrist, or other medical professional determines if your injury or medical condition truly makes you unable to work. These medical evaluations are most often required in SSDI claims involving mental health or psychiatric disabilities.

Based on the doctor’s evaluation of your disability, the Disability Examiner writes up your approval or denial of SSDI benefits, which is sometimes, but not always, reviewed by another doctor.

If you have been denied SSDI benefits or need to learn more about the SSDI approval process, please contact the Social Security Disability lawyers of Kalfus & Nachman to schedule your SSDI consultation.

Posted in SSDI
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