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Recent Blog Posts

Are Social Security Benefits Taxable?

 Posted on March 23, 2015 in Uncategorized

Dallas SSDI attorneysSome individuals receiving Social Security benefits must pay federal income taxes. The tax is computed only if you have substantial income. That income can include wages from work, self employment, interest dividends and other income. It is important to note that no one pays taxes on more than 85 percent of their Social Security benefits.

If you file an individual federal tax return, you must pay taxes on some portion of your benefits if your combined income exceeds $25,000. If you file a joint return, you must pay taxes if you and your spouse have combined income of more than $32,000. If you are married and file a separate return, you probably will have to pay taxes on your benefits. You can read more about tax preparation relating to Social Security benefits at www.socialsecurity.gov/planners/taxes.htm.

Social Security benefits include retirement, survivor and disability benefits. Those individuals who only receive Supplemental Security Income (SSI) payments do not have to worry about paying federal taxes as SSI benefits are not taxable.

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Veterans Choice Act - Is it Making any Difference

 Posted on March 16, 2015 in Uncategorized

Dallas SSDI attorneysThe Veterans Choice Act was authorized by Congress to address the health care access issues faced by Veterans. The Act authorized a fund to operate for three years to provide Veterans who were enrolled as of August 1, 2014 or who were eligible to enroll as a recently discharged combat Veteran.

The Act would provide Veterans with a Veterans Choice Card. The program was designed to allow Veterans to obtain medical care from private physicians when the Veteran lives at least 40 miles from a VA health care facility OR if they face a wait of more than thirty (30) days for an appointment.

The Veterans Choice, Access and Accountability Act of 2014 was signed into law. Since its enactment, approximately 8.5 million veterans nationwide have received cards. Unfortunately, only 0.37 percent of the Veterans have been authorized access to private care.

Veterans from Indiana, Kansas, Minnesota and other states are finding that the Veterans Affairs Department officials will not authorize treatment. Paul Walker of Minnesota who suffers with stage 4 liver cancer was denied treatment because he lives 20 miles from a VA clinic. However, that clinic only provides dental, vision and basic medical care.

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Will the VA Reach Its 2015 Goal?

 Posted on March 16, 2015 in Uncategorized

Dallas SSDI attorneysIn 2013, the U.S. Department of Veterans Affairs (VA) reported that it had a staggering 600,000 veteran benefits claims backlogged, waiting to be seen and reviewed. The shocking number, attributed to a surge in new claims from Vietnam veterans' Agent Orange claims, grabbed headlines and spurned the agency into setting a lofty goal in 2015: to work through its entire backlog of claims and make sure that the veterans who have applied get the assistance they need.

A new report from the Houston Chronicle details the renewed efforts by the VA to improve its efficiency and eliminate waiting times for veteran applicants. They have reported:

  • They currently has approximately 235,700 back logged claims
  • The VA has processed more than a million claims a year for four years

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Veterans' Administration Problems Continue

 Posted on March 12, 2015 in Uncategorized

Dallas SSDI attorneysVA Secretary Bob McDonald is under fire as the scandals continue. CBS reports that widows of veterans have not been assisted with burial expenses, nor have they been extended the long tradition of receiving the American flag in honor of their veteran's service.

CBS investigation revealed that the problems with the Veteran's Administration continue to be widespread. Of particular emphasis was the Oakland facility where over 13,000 claims were simply ignored and many of the veteran's with claims had died. Two years after the problems were first reported a follow up found that none of the records regarding these claims could be found. This is part of continuing conduct where the VA destroys records to cover up inefficiencies.

At his appointment, McDonald announced an ambitious reorganization plan for the VA. He planed firings and other discipline, but also better ways to serve the department's customers, the veterans.

Last month on Meet the Press, Secretary McDonald claimed 900 VA employees were held accountable by way of firing since he took over VA last summer. Previously, VA only admitted to firing a couple of employees while letting most senior leaders resign before consequences following investigations. Secretary McDonald elaborated on the numbers stating:

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New Plan Would Add $330 Billion to Social Security Disability Benefits

 Posted on March 02, 2015 in Uncategorized

Dallas SSDI attorneysIn the latest development in Congress' debate over the future of the Social Security disability program (SSD), the White House has offered a new fiscal plan that would prevent the program from running out of funds in 2016. In the White House's proposed budget, $330 billion dollars would be added to the SSD fund starting in 2016, money that would last until 2033 and result in zero cuts in benefits for those currently covered.

In the past, the SSD fund was replenished periodically by funds from the Social Security retirement program, but recently, Republicans in the House of Representatives have moved to end this practice. Representatives have alleged that not only is this process detrimental to the retirement program, but that the SSD program is riddled with fraudulent claims. Under the Republicans' new restrictions, if the SSD fund was not replenished in 2016, 11 million Americans' SSD insurance benefits would be cut by 20%.

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Congress Debating Social Security Disability

 Posted on February 16, 2015 in Uncategorized

Dallas SSDI attorneysLast month, the new, Republican-led session of the House of Representatives shocked everyone by taking aim Social Security disability insurance (SSDI). The new bill, which has passed, stops all replenishing funds reallocated from the Social Security retirement fund. The bill instantly stirred controversy and has mobilized Democratic lawmakers who are decrying the new policy.

The reasoning for the new changes were cited as suspicion of fraud by many SSD beneficiaries, but political analysts are positing that Republicans have greater designs for Social Security disability program.

As it stands, numerous reasons have been given for the bill by Republicans. They claim:

  • That SSDI needs to be halted protect it from fraud
  • That the Social Security retirement fund needs to be protected
  • That SSDI is a failing program and a burdensome expense on taxpayers

However, as a recent article from Talking Points Memo cites , SSDI pays out far less than the Social Security retirement program does. Annually, SSDI pays about $140.1 billion to disabled Americans while the retirement program pays a whopping $672.1 billion. The Center for Budget and Policy Priorities even states a single tax money reallocation to SSDI before 2016 would sustain the program for another thirty three years.

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Republicans Place New Restrictions on Social Security Disability Benefits

 Posted on February 02, 2015 in Uncategorized

Dallas SSDI attorneysLast month, the new session of the House of Representatives passed a bill that will affect the way that the Social Security disability program will be funded. Under the new changes, the fund will no longer be replenished by tax funds from the Social Security retirement fund. The transfer of tax money between these two funds has kept both programs functioning for years.

According to a recent article from Media Matters For America , Texas' own Representative Sam Johnson and Senator Rand Paul are leading the charge on these changes and continue to perpetuate a deep-seated mistrust of SSD beneficiaries among Republicans. The congressmen cite fraud prevention as the inspiration for the bill and insist that countless citizens who are benefiting from disability insurance are not actually suffering from truly debilitating conditions.

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What Happens at a Social Security Disability Hearing?

 Posted on January 15, 2015 in Uncategorized

If you applied for Social Security Disability Income (SSDI) benefits and your claim was denied, you are able to appeal the decision at a Social Security disability hearing. This hearing allows you and your attorney to go before an administrative law judge and to explain why you should be granted disability benefits.

While each disability hearing is different, many take between fifteen minutes and one hour, and are oftentimes more informal than a traditional court appearance would be. Additionally, you may find that your hearing is not even scheduled to be held in a courthouse. Depending on how far you live from the hearing site, your hearing may even occur via videoconference.

The hearing will rely on your personal testimony, a vocational expert's testimony, and any witnesses you choose to bring. Once you have arrived for your hearing, you can expect the following:

  1. You and anyone else set to testify during your hearing will be sworn in to the court

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Filing a Disability Claim? Do It Right From the Beginning!

 Posted on October 08, 2014 in Uncategorized

The Social Security Disability Insurance Benefits Program is a complex legal endeavor governed by extensive rules and regulations. Requirements are strict and numerous. There are eligibility requirements that must be satisfied before benefits are granted. Those dealing with disabilities, be they physical or mental, often think that they can handle their claim on their own. Nothing could be further from the truth. In order to navigate the disability program, one should seek the legal assistance of an experienced attorney to develop the claim considering all the complex issues.

The sooner you contact an attorney the better. An attorney can review the specific details of a person's disability application. Every detail, even the little ones, can make a huge difference in developing the claim. There are many potential pitfalls present in the application and development process. Oversights in completing the application and submitting evidence can result in mistakes being made and numerous delays. Application mistakes often have unforseeable consequences and can create problems for the disability applicant. In turn, this can lead to delays in decisions made, and could potentially result in a denial on a claim that otherwise would have been approved.

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Good News for Camp LeJeune Veterans

 Posted on October 03, 2014 in Uncategorized

The Department of Veterans Affairs announced on Tuesday, September 23 that it will soon cover out of pocket health care costs for Marine dependents who contracted cancer and other illnesses from toxic water at Camp LeJeune. In 2012, Congress passed the landmark legislation,Honoring America's Veterans and Caring for Camp LeJeune Families Act . The Act provided health care for Marines and family members who lived on the base near Jacksonville, N.C., from 1957 through 1987, and who suffered from any of 15 illnesses named in the law. Illnesses included cancer related to the lungs, bladder, breasts, kidneys and esophagus, as well as leukemia and problems involving female infertility. During that period, at least two of the water treatment facilities supplying drinking water to the Camp LeJeune Marine base were contaminated with volatile organic compounds that included industrial solvents and benzene from fuels. The chemicals resulted from spills, a dump site on base, leaking underground storage tanks on base, and an off base dry cleaner. The level of perchoroethylene in the base drinking water exceeded acceptable levels. An estimated 750,000 people wer exposed.

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