Monday, May 25, 2015

SSDI And Student Loans

Recipients of Social Security Disability Benefits Could Be Qualified to Receive Forgiveness of Federal Student Loans 

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An increasing number of Social Security beneficiaries have federal student loan debt, including those who are in St. Louis, St. Charles, Bridgeton, Clayton, and Creve Couer, MO. The Government Accountability Office just lately introduced a report indicating that “from 2002 through 2013, the number of individuals whose Social Security benefits were offset to pay student loan debt increased about five-fold from about 31,000 to 155,000.” Because the report notes that no more than 36,000 of those having benefits offset were aged sixty-five and older, many people with disabilities are getting their benefits garnished for student loan debt, and they might be eligible to have their debt forgiven, though they'll likely want to think about any tax consequences of discharged debt.

Certain kinds of federal student loans can be forgiven if the debtor is found to be “Totally and Permanently Disabled” (TPD). This is a different sort of standard than Social Security’s definition of disability. However, the Department of Education “will accept the specific SSA notice of award for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits as proof of a borrower’s TPD if the notice indicates that the SSA will review the borrower’s continuing eligibility for SSDI or SSI benefits once every five to seven years.” If a beneficiary has his or her Notice of Award (NOA) and it provides information about CDR schedules, obtaining a TPD is relatively simple.

If you'd like more info about receiving a Notice of Award or getting SSI or SSDI benefits, please contact Kassin and Carrow in St. Louis today to talk about your options.

Sunday, May 24, 2015

Finding A Social Security Lawyer: Four Things to Consider


Choosing a representative for a Social Security case is a challenging and important decision. Representatives like those with Kassin and Carrow in Metro East St. Louis can talk to Social Security on behalf of their clients, do research on Social Security law and policy, represent their clients at hearings before Social Security Administrative Law Judges, and provide advice. Here are some things to consider when choosing to hire a representative:

Exactly what are your goals?

A typical reason individuals hire representatives is to assist with an application for Social Security disability benefits. Every case differs, but these cases will often involve a lot of medical records and can take a number of years for Social Security to decide. Some representatives only work on this kind of case. Other representatives deal with a broader range of Social Security matters: issues applying for retirement or survivors’ benefits, for instance, or issues people encounter once they are already getting benefits. Some representatives assist with issues beyond Social Security, such as workers’ compensation, estate planning, setting up special needs trusts, or getting insurers to pay for medical or other expenditures. It makes sense to speak to a potential representative what experience they have with the type of issue you are suffering from.

Is the representative a lawyer?

Some professional representatives are attorneys like those with Kassin and Carrow in St. Louis and some are not. Non-lawyers can handle some Social Security problems, but they are unable to represent clients in federal court. Prior to hiring a representative, it can be useful to talk about their training—about the law in general, and about Social Security law and policy specifically.

How does the representative get paid?

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The most widespread situation in which somebody hires a representative is to assist with a claim for disability benefits. Within these kinds of cases, the representative and client will most likely sign a “fee agreement,” explaining how the representative will get compensated. Social Security claimants’ representatives generally work on a “contingency fee” basis. This means that the client does not pay whenever the representative is hired, but only if the client is awarded benefits. This is the case with Kassin and Carrow. The representative’s fees are often paid directly from any Social Security back benefits. Back benefits, also called retroactive benefits, are cash Social Security decides a claimant should receive for months before they made the decision on the benefits claim. Social Security will look at the fee arrangement, pay the representative, and then give the rest of the back benefits to the applicant.

It is essential to understand any fee arrangement before you sign it, and to go over how the representative will handle expenditures like requesting a client’s medical records. Representatives have various ways of charging their clients fees for matters aside from an application for disability benefits, especially when Social Security will not owe any back benefits even if the case is successful. It is always smart to read information about fees carefully and ask questions before signing anything. Save a copy of any agreement just in case questions come up later.

Is there a representative who can assist you?

Representatives may not be able to take each and every case that comes through their doors. Sometimes they haven't the time or expertise to handle a specific issue, or they might not feel that there's enough evidence to make the argument a prospective client wants them to make. Kassin and Carrow, helping the people of St. Louis, St. Charles, Florissant, and Chesterfield, Mo and the Metro East St. Louis area in Illinois, is here to help you and would love to schedule an appointment with you regarding your case.