FAQs

You can apply for disability benefits online by visiting ssa.gov or contacting the Social Security Administration (SSA) office. You can also contact an Attorney for assistance on filing an application for Social Security Disability. Read More

If approved for SSDI benefits, these benefits would remain active for as long as you’re considered disabled by the Social Security Administration (SSA) or you reach full retirement age. Once you reach your full retirement age, your SSDI benefits would change to retirement benefits. Read More

Typically, all you would need to bring are the hearing notice and a photo ID. However, most hearings these days are conducted either by telephone or Microsoft Teams and not in-person. Read More

There is no way to determine that before a hearing. It is determined on a case-by-case basis by the Judge. As long as you are honest with the Judge in your testimony and what you say is consistent with what you’ve told your doctors, you give yourself the best chance of being found disabled. Read More

Although most hearings these days are conducted either by telephone or Microsoft Teams, the hearing is casual, and there are no strict rules about dress code. You can wear anything from what you would wear to go to Walmart to what you would wear to go to church or business casual wear. The only thing we would ask is that you don’t wear something that would be disrespectful to the... Read More

As long as you are ok going in alone, that is typically best. The issue is that somebody else is not allowed to testify if they come in with you, so you could not look to them for answers. They would have to be like a fly on the wall. Since it is natural to try to get answers from that person if you don’t know an answer, it would... Read More

Although most hearings these days are conducted either by telephone or Microsoft Teams, if you would normally bring it when you go outside of your home, you can bring it or if you are having a bad day to where you would usually need to use it, you can as well, but if you wouldn’t normally bring it on that day, then you shouldn’t. Read More

Yes. The Judge will want to hear from you how your impairments affect you personally. They have the medical evidence and any diagnosis that was made on your impairments, but they need to hear from you about limitations and symptoms you have and how that might affect your ability to work. Your attorney can make any legal arguments necessary, but you know your limitations and symptoms better than anybody else,... Read More

Although most hearings these days are conducted either by telephone or Microsoft Teams, your attorney will usually find you in the waiting area. There aren’t usually a lot of people waiting, so it is usually easy for them to find you. Read More

Most likely not. If your attorney has an idea of what might happen, they will let you know before you leave that day, but many times they will not know. Even if your attorney has an idea of what might happen, nothing is final until you get the decision back in writing. Read More

SSA does not provide financial help while awaiting a decision, however, you can contact your local Social Services (DHHR, Job & Family Services, Social Services) to inquire about available financial assistance. Read More

Yes. You can view a list of these conditions by going here. Read More

Social Security Administration is a separate entity and has their own set of rules and guidelines to be considered disabled. Read More

SSD is a disability insurance program that you pay into when you work and earn work credits. The amount you receive each month from SSD, if approved, is based on how much money you have earned over your lifetime. SSI is also a disability program with the same medical requirements as SSD; however, you do not need work credits to be eligible to apply for SSI. SSI does, however, require... Read More

SSA does not have a law that says you cannot, however, given that you are telling Unemployment Commission that you are willing and able to work and telling SSA that you cannot work, this does create problems with credibility. Read More

Yes, however, there will be a calculation offset between WC and SSD/SSI.  This means that WC can affect the amount that you receive from SSD/SSI, if approved. Read More

Yes, however, be sure to check with your LTD carrier regarding rules regarding receiving LTD and SSD/SSI. Read More

SSA uses a 5-step evaluation process to determine if you meet the requirements to receive disability benefits. Step 1 - Are you working over Substantial Gainful Activity? Step 2 - Are your conditions severe? Step 3 - Do your conditions meet or equal a medical listing? Step 4 - Can you do your past work? Step 5 - Can you do other work? Read More

Your DLI or “Date Last Insured” is the date that your coverage for disability insurance benefits expires.  This just means that you must be proven disabled before that date in order to receive disability benefits.  This will only apply in SSD cases. Read More

Upon the initial application, a great majority of all cases are denied.  A reconsideration appeal will be filed and again nearly all cases are denied for a second time at that level. Most cases go to a hearing. When a denial of your request for reconsideration is received, a request for hearing will be filed. The approval rating varies from state to state and from judge to judge. Read More

SSA will automatically withhold attorney fees from your back pay and send them directly to the firm. In rare cases, they may accidentally overlook this step and release the money to you. If this happens, you will be notified and will be responsible for paying the firm. If you receive your back-paycheck and are not sure if the attorney fees were withheld, please feel free to call us. Read More

When reporting a medical update, it is important to include the date of the appointment, the name of the doctor and facility along with the address and phone number, the reason for the appointment, any tests done, and any new diagnosis or changes to any current diagnosis. It’s also important to let us know if this is a new doctor. You can also report these updates on our website by... Read More

We recommend that you report any updates to our office only. Read More

It’s always best to call our office if you should receive any forms or letters from SSA so that we can let you know the appropriate way to respond. Read More

Please call our office to report any denial letters.  At that time, we will mail you the appropriate appeal papers to complete and mail back to our office.  We will file the appeal for you. Read More

You will need to contact your case manager to report any medical updates, change in contact information or if you have received any letters/forms/phone calls from SSA. Read More

Your case manager will update your file, make sure the records are requested from your medical provider if needed, and submit the records to SSA if they are relevant to your claim. Read More

If you work and earn at least $1,810 for any given quarter (3-month period) of the year, you will earn 1 work credit.  You will be required to have a certain amount of work credits to be eligible to apply for SSD. Read More

Any income (earned or unearned) belonging to you or your spouse, the value of any personal property to include vehicles, homes, property, recreational vehicles, etc.  (this does not include one vehicle and the home you currently live in), the value of you or your spouse’s bank accounts, retirement, 401K benefits, IRA’s, certificate of deposits, stocks and bonds, etc. Read More

Yes, we encourage every claimant to apply for both SSI and SSD.   Applying does not guarantee that you will be eligible, but to rule out any question, it’s best to at least try to apply. Read More

No. We will get your updated medications at each appeal level and again before a hearing. Read More

Yes, it is important to attend these types of exams if they are scheduled.  This means that SSA is looking for additional information to make a decision in your claim. Read More

There are limitations on how much you can earn while applying for disability.  If you are currently working or thinking about working, it’s best to call your case manager to discuss these limitations. Read More

There are limitations on how much you can earn after being approved for disability.  If you are currently working or thinking about working, it’s best to call your case manager to discuss these limitations. Read More

You may be assigned to an attorney, other than Jan Dils, to represent you at your hearing. Read More

No attorney fees will be paid if you do not win your case. Read More

No, the same average time frames apply as those claimants who are not represented. Read More

No, in most cases, doctor offices require us to send a written request for records with the appropriate authorizations.  This is why it is important for you to report medical updates to your case manager so that the written request for records can be sent to your doctor. Read More

Absolutely. It is very important that we have your updated contact information in the event that we need to reach you. Read More

Your case manager can be reached by phone, email or through our website at www.jandils.com. Read More

You can apply for a medical card by contacting your state Medicaid agency.  You can also visit www.medicaid.gov for more information. (WV DHHR, Ohio Job and Family Services, North Carolina Social Services). Read More

You should speak with SSA if they call regarding any application needs or payment processing needs. However, you should not speak with the agency known as Disability Determination Section (DDS). DDS will ask you questions about your past work duties and recent updated medical information. If you should receive a call from DDS, please tell them that you are being represented by our firm and ask them to contact us for... Read More

There is a monthly maximum you can receive on SSI, known as the Federal Benefit Rate, that can increase from year to year depending on the Cost of Living Adjustment. However, it’s important to note that other income received by you and/or your spouse will reduce the amount of your monthly SSI benefit. Read More

Yes, if you receive a medical denial on your application for disability benefits, you should file an appeal within 60 days of the date on your denial letter. If you are represented by an attorney, you should reach out to them to discuss your appeal options. If you are not represented, you should contact an attorney to discuss your appeal options right away or you can file an appeal on... Read More

The SSDI claims process can take anywhere from a few months to a few years, depending on several factors including your disabilities, age, education, past work experience, and the medical evidence you have to support your claim. Read More

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits are subject to an annual increase depending on the rate of inflation. Social Security’s Cost of Living Adjustment (COLA) tracks changes in consumer prices year to year and will apply increases to benefit amounts depending on these changes. Read More

Yes, it is possible to receive both SSDI and Workers Compensation, however, the amount of your SSDI and Workers Compensation benefits combined cannot exceed 80%of your average current earnings (ACE) before you became disabled. Any amount exceeding the 80% of your ACE would be deducted from your SSDI monthly benefit amount. Read More

You will receive benefits until you reach full retirement age, or until your condition improves to the point where you are able to work on a full time basis for over nine months. Social Security has instituted a number of provisions to encourage individuals to try to return to work without jeopardizing their disability payments. If you worked for a short period of time after the onset of your disability,... Read More

Yes, the Social Security Administration (SSA) has several programs, such as the Ticket to Work program, Plan to Achieve Self-Support program, and the Trial Work Period to allow SSDI recipients to go back to work without losing their monthly benefits. You will need to report any employment and wage changes to SSA. Read More

You must be between the ages of 18 and 65 (or your full retirement age) to apply for SSDI. Read More

As an SSDI recipient, you are eligible for Medicare 24 months after you become eligible for SSDI benefits. This waiting period is waived for those diagnosed with Amyotrophic Lateral Sclerosis (ALS) or end-stage renal disease. Read More

You may apply for benefits online at www.ssa.gov, in person at your local Social Security office or you may contact our firm and one of our staff members will be happy to assist you. Read More

Each year the Social Security Administration will publish the Federal Benefit Rate which is the highest amount payable for SSI recipients. This amount changes year to year based on a cost-of-living adjustment. There are several items that may affect the amount you receive each month such as income in your household or your living arrangements. For a more detailed list of the items that may affect your payment visit www.ssa.gov... Read More

The Social Security Administration allows 60 days for an appeal to be filed. The appeal can be filed online by visiting SSA’s website or you can appeal the decision at your local SSA office. It is also acceptable to file an appeal via mail, however; it is imperative that you confirm your appeal was received and we suggest the appeal be mailed certified. Of course, if you are a client... Read More

There are five levels in the disability claims process. Upon filing an application for benefits, you are at the initial level. If you receive a denial you have the right to appeal. The appeal is called a Request for Reconsideration and this is the second level. If you are denied after filing your request you also have the right to appeal again. This will begin the third level, the Request... Read More

You can apply for both programs but you will not receive payments from both. If you apply for early retirement you will receive retirement benefit payments at a reduced amount. If you are then awarded SSDI, the most significant change you will see is a slight increase in your monthly benefits. Any retroactive SSDI benefits payable will also be offset during any months that you received early retirement benefits. In... Read More

No. Your benefits will not increase once you reach full retirement age; however, you will see a difference in the title of your benefits. The title of your benefits will change from Social Security Disability Insurance to Social Security Retirement. Read More

You can receive payments from both programs; however, that is dependent on the amount of benefits you receive. If the total of your workers’ compensation, Social Security benefits (including those payable to your dependents) and any other public disability benefits exceed the higher of 80% of your average current earnings prior to your disability or your family’s total Social Security benefit, you will see a reduction in your SSDI benefits. Read More

If you receive Social Security Disability (SSDI), there is no limit to the amount of other income you can receive, as long as it is not from work activity. For example, money from dividends or a piece of land that you sell will have no effect on your benefits. Read More

An individual 18 or older may be eligible to receive SSDI benefits. Read More

If you are awarded benefits and decide to return to work, your earnings may trigger what is called a Trial Work Period (TWP). The amount that triggers the TWP changes year to year but it allows an individual to return to work for a period of time without their current SSDI benefits being affected. The TWP continues until you have accumulated nine months (it does not have to be consecutive)... Read More

Yes. You can work while you are applying for SSDI benefits; however, the amount of work you are performing and your rate of pay may cause you to be denied. In short, if you are working above the allowable limit (Substantial Gainful Activity) as defined by SSA while you are applying for benefits, you will not be eligible to receive disability. If you are working while you’re applying, make certain... Read More

Individuals who receive SSDI benefits are eligible to receive Medicare. Your Medicare benefits will begin 24 months after your date of entitlement for benefits. Your date of entitlement is the first month in which you are eligible to receive a cash benefit. Read More

You should apply for SSDI benefits as soon as you become disabled. Read More

In addition to having a medically determinable impairment that keeps you from engaging in substantial gainful activity for a minimum of 12 months or result in death, you must have also worked long enough paying Social Security taxes. Paying taxes allows you to build “work credits”. Depending on your age, you must have a certain amount of work credits in order to be eligible for SSDI. You can find this... Read More

There is no set amount on how much you will receive if you are eligible for both programs. Your monthly benefits for SSDI are dependent upon your earnings history and your SSI benefits will be offset by your SSDI benefits and any other income. The amount varies for each individual; however, if you are awarded both SSI and SSDI benefits you will receive notifications detailing your monthly benefit amounts. Read More

Yes. The main difference between these two disability programs is the eligibility requirements. In short, in order to receive SSDI you must have worked long enough and paid taxes to be “insured”. Depending on how long it has been since you last worked the date in which you were last insured may be in the past. If so, you must meet the requirements to be found disabled prior to this... Read More

You can receive SSI benefits while working, however; your income will affect your monthly benefit amount. Also, any work performed while receiving any type of disability benefit will be evaluated by Social Security and could affect whether or not you meet the definition of disability in order to receive ongoing benefits. Read More

There is not an age requirement to receive SSI. However; at age 65 you may receive benefits without a disability as long as you meet the financial requirements. Read More

Supplemental Security Income recipients are eligible to receive Medicaid. Read More

You should apply for Supplemental Security Income (SSI) benefits as soon as you become disabled. Read More

In order to receive SSI you must be found disabled in accordance to Social Security regulations and have limited income and resources. (SSI). Read More

In most cases, yes. Social Security will schedule a Consultative Examination to assess your physical and/or mental impairment(s). The examination will be paid for by Social Security and it is very important that you attend all appointments. Read More

Yes. As a beneficiary of SSI and SSDI you will be entitled to both Medicaid and Medicare. Read More

As a general rule of thumb, you should arrive at the Social Security hearings office a half hour prior to the time of your hearing. We will meet you in the waiting room and most often, if you have any questions we will have a few minutes to go over your case with you prior to going into the hearing room. Social Security hearings are rather informal proceedings. At the... Read More

There are no upfront costs for representation. If the outcome of your claim is favorable, Jan Dils office is entitled to 25% of any retroactive benefits awarded to you, up to $7,200. However, if your claim continues passed the administrative level to the Appeals Council and Federal District Court, a higher amount may be paid in representative fees. Also, any expenses for reports requested from medical providers or other establishments... Read More

The most essential piece of evidence in a Social Security disability claim is consistent medical treatment. Treating regularly with your doctor(s) and fully expressing all symptoms you are experiencing is the best way to strengthen your case. It may also be beneficial for your doctor(s) to complete a medical assessment and/or write an opinion letter regarding the severity of your medical conditions. Read More

Disability is defined as the inability to engage in substantial gainful activity due to a medically determinable impairment that has lasted or is expected to last a minimum of 12 months or result in death. Read More

No, there is always an option to appeal the decision to the Appeals Council. We would write a brief on your behalf regarding any legal error and they would review the brief, your testimony, and the medical evidence to determine if a legal error was made. If one was made, typically, they will send the decision back to the Judge for another hearing which could result in an approval depending... Read More

If you are not a U.S. citizen, you may be able to get a Social Security number. However, in general you must have permission to work from the Department of Homeland Security. Learn more about Social Security numbers for noncitizens here. Read More

Given the importance of your Social Security card, laminating it to protect it from tearing may seem like a good idea. But doing so prevents the detection of many security features. However, you can cover the card with plastic or other materials that can be removed. Read More

To replace a child’s Social Security card, you’ll first need to gather documents proving your child’s identity, their U.S. citizenship if it has not yet been established with Social Security, or their immigration status if the child is not a citizen. Next, you’ll gather documents proving your own identity and the child’s custody status, as well as your relationship with the child. Finally, you’ll be asked to complete an application for a... Read More

If you’ve requested a new or replacement card or changed your name and applied for an updated one, you may be wondering when you should expect your new card to arrive. Social Security mails the cards as soon as all necessary documentation is received. Generally, you should receive your card within 10-14 business days of the date when your application is processed. Read More

If your card is lost or stolen, you may be able to request a new one online here. There is no charge for this service. To use the online portal, you must: Be a U.S. citizen age 18 or above with a U.S. mailing address Not be requesting a name change or any other change to your card Have a driver’s license or state-issued identification card from a participating state. If your... Read More

If you change your name legally due to marriage, divorce, or any other reason, you must let Social Security know so you can be issued a new card. You can’t apply for a card online, but the good news is there’s no charge for a new one. When you apply, you will need proof of identity, and you may also need to be able to demonstrate your U.S. citizenship or... Read More

Most often, the other driver’s insurance will agree to pay what your attorney believes. Also, you will be able to settle without going to court. But, they need a formal trial in some cases. Read More

There are several types of damages to be eligible for compensation if the other driver is liable. They include: Property damage Medical expenses Pain and suffering Lost wages Punitive damages Read More

It depends on the state in which the accident occurred. In some states, not wearing a seatbelt may make you ineligible to receive damages. Or may mean you’ll receive less. In West Virginia, If it’s demonstrated that your failure to wear a seatbelt is relatable to your injuries. A reduction in damages is possible. Read More

Of course, you want to be honest about what happened. But accidents are stressful, and emotions may be running high, so it can be difficult to discern exactly what took place. There can be an issue with your vehicle or the distraction of other drivers. Don’t accept blame right away. If you choose to hire an attorney, they can help investigate and get to the bottom of what happened. Read More

If you were the victim in a car accident, it’s true that the other person’s car insurance may cover damages to your vehicle. But they may not pay you the amount you’re entitled to. If you’ve suffered injuries, you may be eligible for compensation not covered by medical insurance. An attorney can help you navigate these questions, so you receive the compensation you deserve. Of course, there are many cases... Read More

Yes. We are conducting hearings by telephone in certain cases. If you are scheduled for a hearing, your attorney will be in contact with you to discuss your options to proceed or request a continuance if you do not wish to proceed with a telephone hearing. Read More

The Department of the Treasury announced on April 1st that Social Security retirement, disability and survivors’ beneficiaries who are not typically required to file tax returns will not need to file an abbreviated tax return to receive an economic impact payment. The IRS will use SSA-1099 information they already have to automatically generate $1,200 economic impact payments to eligible Social Security beneficiaries who did not file tax returns in 2018... Read More

Unfortunately, there are scammers who will take advantage of the current situation and try to trick you out of your money and personal information. Don’t be fooled! If you receive calls, emails or other communications claiming to be from the U.S. Treasury Department, the Internal Revenue Service, the Social Security Administration, or another government agency offering COVID-19 related grants or economic impact payments in exchange for personal financial information, or... Read More

Yes. Please visit the United States Postal Service for their latest statements about COVID-19 and if/how USPS services may be affected. To apply for direct deposit, visit this website. Direct deposit is not only safer, but faster during this backlog. Read More

Yes. You will continue to receive your monthly benefit amount if you use Direct Deposit. Read More

If someone else’s negligence causes you harm, then you may have a personal injury case Read More

Motor Vehicle Accidents, Medical Malpractice, Nursing Home Abuse or Neglect, Slip or Trip and Fall/Premise Liability, Dog Bite, Product Liability Read More

Injury resulting from a dangerous product: This could be from a pharmaceutical that has dangerous side effects, or from exposure to a dangerous chemical or material, or  from a piece of machinery that is defective and causes you injury as a result. Read More

In a motor vehicle claim for injuries, the other driver may not be sufficiently insured to compensate you for your injuries sustained in an auto accident. For instance, under West Virginia Law, a driver is only required to carry auto insurance liability coverage in the amount of $25,000 per person. This amount may not be enough to cover all of your damages. You should elect to have underinsured motorists coverage... Read More

What is worse is if the other driver had no insurance at all and in which case you can also elect Uninsured motorists coverage on your own policy that will compensate you when the other driver has no insurance. Read More

This is an elective coverage that can be used to help pay your medical bills because the other insurance company is not obligated to pay for your medical expenses up front; rather, those would be reimbursed out of any settlement that may not take place for many months down the road. It is important for you to obtain the necessary medical treatment right away, so having the means to pay... Read More

Each insurance company is different with regard to the way it handles its own policy holders’ claims but it is possible that insurance will be canceled or premiums increased. Read More

This is a letter that our firm can provide to some medical providers which allows you to receive medical treatment now without paying out of pocket and we make a promise that the medical bills will be repaid out of any settlement. It is important for you to obtain the necessary medical treatment right away so having the option to pay for the treatment later is often ideal. Read More

If we do not obtain compensation for you, you owe us absolutely nothing. We only take a fee for our services if we obtain a recovery for you. This is called a contingency fee arrangement. Read More

Our team will assist its injured clients with property damage. However, we do not handle property damage only claims. If you were in a wreck and you did not get hurt but your car was damaged, we cannot assist. Property damage claims are valued based on the value of your vehicle on the date the damage occurred, taking the year, make, model, mileage, condition, and vehicle features into account. Read More

Even though you are not at fault for your injuries, your health insurance will pay for hour medical bills. It is important for you to obtain the necessary medical treatment right away and to keep your bills out of collection. If you are compensated for your injuries, your heath insurance carrier has a right to be reimbursed what it paid for your accident related medical treatment (this is called subrogation) Read More

Each case is unique, but factors that determine value include the amount of medical bills, types of medical treatment, injury type/severity of injury including permanency, loss of wages, and loss of future earning capacity. Loss of household services means that you cannot perform your own common household chores, upkeep, maintenance, and errands. Pain and Suffering: Represents the aggravation and hardship you have been through since the accident and the toll it’s... Read More

This can be a confusing process because you are dealing with hospitals, billing departments, liability insurance carriers, and health insurance carriers. There is a misconception that if you are in an auto accident, the other party’s insurance companies will automatically pay your medical expenses. If the other party is at fault, then they are ultimately liable for your medical expenses. However, when and how they actually pay those expenses varies.... Read More

The answer depends on a variety of factors. On average, most personal injury claims take several months to resolve Regardless, it’s important to remember that every case is unique. Case type: Some claim types take longer to resolve because they require additional proof to substantiate the claim Parties and Insurance Coverage: If there is a coverage dispute, it can lengthen case time. The dispute may require litigation to determine whose... Read More

Generally, personal injury settlements are not taxable income.  However, if your settlement includes compensation for your lost wages, lost business profits, or punitive damages, then the amounts awarded for those specific damages could possibly be taxable income. Read More

Each jurisdiction is different, but failure to wear a seatbelt could result in a percentage reduction of your recovery.   Read More