Cannon Disability Law > FILING FOR UTAH DISABILITY BENEFITS

FILING FOR UTAH DISABILITY BENEFITS

Name: Cannon Disability Law
Item: Cannon Disability Law
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Author: Mary Gathers

HOW TO FILE FOR DISABILITY BENEFITS IN UTAH

Filing for disability benefits in Utah is a task that our law firm can help you with. Especially if you have an illness that prevents you from working for over 12 months. If that is the case, then you may need help filing for Social Security benefits in Utah.

There are two federal programs that can help you.

The first is Social Security Disability Insurance (SSDI). The second program is Supplemental Security Income (SSI). SSDI benefits require you to have a lengthy work history. They also require you to have paid your taxes. You need to pay taxes for the government to set aside your monthly SSDI benefits. SSDI benefits come with Medicare. Learn about Medicare benefits. Medicare benefits are also available when you near the time to retire.

SSI benefits are for those people who have never had a job. SSI benefits are also for children. Additionally, SSI adds more money on a monthly basis for those with a low SSDI payment. If you get SSI benefits, then you can also get Medicaid benefits. Medicaid is a form of health insurance coverage that doctors accept. Learn information about Medicaid benefits.

Each of these programs requires you to have a physical or mental condition that keeps you from working for over 12 months. If you need help filing for benefits, then read here to learn more about what you need to apply.

COMMON FALSE BELIEFS ABOUT SSI AND SSD BENEFITS

One of the most common questions we get at our law office is: Can you help me get more benefits?

The answer is no. If you are already on SSI benefits, then you are getting everything you are can get. Therefore, there is no way that we can do anything to raise the amount of money that you receive per month.

For example, many people call us and say that their disease is worse and now they want more money. This is not possible. SSI benefits are the same for everyone. Currently, the SSI benefit in Utah is $943 a month. That is the maximum. But Utahns receive an average SSI payment of $599.43. Because any money you have coming into your home is taken away from the monthly maximum benefit. Therefore, most people have some sort of income that lowers their SSI amount.

We cannot fix that for you. Those are the rules. We can’t change the rules. Only Congress can.

SSDI benefits are also not subject to change. For example, if you have Diabetes Type 2 and one of your legs is amputated, then you might think you can get more benefits because your disease is worse. You can’t. Your SSDI benefits are based on your personal work record. That amount of money doesn’t change, unless you go back to work. Therefore, no matter how severe your medical condition, the amount of your SSDI benefit doesn’t go up.

OTHER UTAH DISABILITY BENEFITS

Utah, unlike some states, does not have a short term disability insurance program. However, your employer may offer short term disability insurance through a private insurance company.

This means you would pay for insurance benefits by buying a private policy. If you lose a job, but are able to return to work, you can also apply for unemployment benefits.

Your employer may also offer parental leave benefits. They may also offer long-term disability benefits. Additionally, there are federal benefits available through an employer, like the Family Medical Leave Act (FMLA).

There are two types of disability insurance that you can buy: short term and long term. Short term benefits replace a portion of your salary from three to six months after the onset of your disability.

However, long term benefits normally begin six months after your onset date. This type of benefit can last a few years until you are able to return to work. Likewise, it can also pay out until retirement age. It all depends on the type of policy you buy.

Disability insurance is not the same as workers’ compensation. In the case of insurance, injury or illness does not have to be the result of a work incident or event.

In fact, research by the U.S. Department of Education shows that the most common causes of long term disability are heart disease, back injury, and cancer. Shortly after that, the most common causes are mental conditions, such as anxiety.

THREE WAYS TO FILE FOR DISABILITY BENEFITS IN UTAH

There are three easy ways to apply or file your application for SSD benefits in Utah. The first easy way to file an application is online. If you don’t have a computer or access to one, then you can still apply over the telephone or in person.

Benefits begin from the date you file your application. Therefore, the longer you wait to file, the more money you lose. Here are three ways to apply:

Online: You can apply online at the Social Security website.
Telephone: You can apply over the telephone by calling the SSA’s customer service line at 1-800-772-1213 (TTY 1-800-325-0778).
In person: You can apply in person at your local Social Security field office.

Additionally, if you need help finding a doctor, then we have a list of Utah’s free and low cost health resources. We can also help you collect your medical records. It is important to submit all of your medical records to the SSA.

UTAH DISABILITY DETERMINATION SERVICES (DDS)

After filing for benefits, your case will transfer to the DDS office. DDS reviews medical records to assist the Social Security Administration office in making prompt decisions regarding SSDI and SSI claims. However, there can be a long wait for your decision. Therefore, it is important to learn some tips to survive the wait for benefits.

DDS can assist with both SSI and SSDI claims in Utah. They can also request more medical information if they feel they do not have to make the correct decision about your case.

Below, you will find the address and phone number of DDS:

Disability Determination Services
Address: 210 West Harris Avenue
Salt Lake City, UT 84115
Phone: 800-772-1213

This is where a Social Security worker reviews your case. If you have questions or need to submit medical records, then you can submit information to DDS.

The SSA decides whether or not you should be paid benefits at the initial and also the second stage of your case. If the SSA denies your case, then you will need to file a Request for a Hearing. Our law office can do that for you. It can take a wait of six months to a year to have a time and a place for your hearing. However, your hearing will be held at the local hearing office nearest to you. It is also possible to have a hearing by phone. Or, you can also opt for a video hearing.

At each stage of the process, it is important to file any appeal on time. Also, you only have 60 days in which to appeal a decision from the SSA.

WHO IS DDS?

DDS is a Utah state agency that is fully funded by the Federal Government. They are responsible for getting your medical evidence. They also make the initial decision on whether your case should be granted.

Usually, the workers at DDS obtain evidence from your medical sources. If that evidence is not enough to resolve the case, then DDS will arrange for a medical exam. Those exams can be for your physical or your mental health. For example, find out about the SSA doctor exam.

After they obtain and read your medical records, DDS will make a decision about your case. At the initial stage this can take 3 to 6 months. Similarly, the next stage can also take from 6-8 months. Additionally, after you request a hearing, you may need to wait 6 months or more for the hearing date to be set. Therefore, from filing your application to getting a hearing date can take up to two years.

However, if DDS decides to pay you benefits, then SSA will finish any other development. Next, SSA figures out your monthly benefit amount and begins paying you. If, however, you do not win, then your file is kept in the field office in case you decide to appeal the decision. Always appeal on time.

FILING FOR UTAH BENEFITS FOR PHYSICAL DISABILITY

In Utah, you can win benefits if you meet or equal a listing. Or, you can win if you prove your RFC keeps you from working. Below you will find some of the physical conditions on SSA’s list:

ADDITIONAL PHYSICAL CONDITIONS

WE CAN HELP YOU WIN SSD BENEFITS FOR MENTAL CONDITIONS

Our law firm can also help you win benefits for a mental issues. However, your mental condition must prevent you from working for more than one year. For example, you may have one mental illness or a combination of conditions. Either way, we can help you win your case. For example, benefits are available for many mental health conditions including:

THE BEST DISABILITY ATTORNEYS IN UTAH

At Cannon Disability Law, we are experts in filing and winning SSDI and SSI benefits in Utah. If you want to learn more about our lawyers and staff, then read our About Us Page.

For example, in the last 30 years, we have won over 20,000 SSD and SSI cases for our clients. If you need help filing for benefits, then contact our office. We can also help you appeal a denial from the SSA. If you want to know what it costs to hire us, then review “Attorney Fees in SSD Cases.”

When you contact our office for help with your application, make sure you are ready to give us some basic facts about your case. We will need to know your date of birth. Also, we need your wedding date and divorce date. Also, we need to know the date you last worked. Additionally, we will need to know the names, address and phone numbers of your doctors.

The Social Security application asks basic information about your family and your children. You will also need a list of the places you have worked and what you did at each job. One of the other things they will also need to know is how many pounds you had to lift at your past jobs. For example, a cashier lifts 40 pounds of dog food, furniture, and 50 pound cans of paint. It is what the job requires. Do not write that you lifted nothing. All jobs require lifting. The SSA needs to know this information in order to process your application.

Also, if you previously filed an application for SSDI and SSI benefits in Utah, then don’t forget to ask the SSA to reopen your old application.

WORK WITH YOUR LEGAL TEAM WHEN FILING FOR SSD BENEFITS IN UTAH

Obviously, we cannot file for Utah SSD benefits without your help. As your legal team, we need to work together. We may be experts at SSD law, but you are the expert about your life.

Also, we need to know why you cannot work. Then, you need to describe the symptoms of your illness. For example, there are many forms you need to complete for the SSA. Forms such as the Activities of Daily Living Form. First, complete the forms in pencil. If you need help with the form, then call and we will help you. If you make a mistake, then you can erase it and fix the mistake.

After we file your application, we will collect your medical records. We will also help to collect your records. You provide the names of your doctors. If you don’t give us the information about your treating sources, then we will not be able to contact them for you.

After we file your SSDI and SSI application in Utah, we will position your case to win. If you receive a denial at the initial phase, then we will appeal it. If you are denied again, then we will request a hearing with an SSA judge. Finally, we will represent you at your hearing. Also, we will submit your medical records to the SSA throughout the process.

Once you reach a hearing, we review your SSA file. We then prepare you to testify. Since we know the kinds of questions the judges ask, we can tell you the type of questions they will ask you at your hearing.

Let us help you win your SSD and SSI case. If you need help filing for Utah disability benefits, then contact our law firm.

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