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When most people think of Social Security Disability (SSD) benefits, they envision long-term monthly payments intended for individuals with permanent or ongoing disabilities. However, not all disabling conditions require extended support. If you’ve experienced a temporary but severe disability that prevented you from working, a Closed Period Social Security Disability claim could be the right option for you.

In this comprehensive guide, we’ll explore the details of closed period claims, their benefits, and how to successfully navigate the process.

What is a Closed Period Social Security Disability Claim?

A closed period of disability refers to a specific timeframe during which you were unable to work due to a disabling condition. Unlike ongoing SSD benefits, a closed period has a defined start and end date, reflecting the time you were fully disabled but eventually recovered or returned to work.

To qualify, you must meet these criteria:

• Medically Determinable Impairment: Your condition lasted (or was expected to last) at least 12 consecutive months or resulted in death.
• Inability to Work: You could not engage in substantial gainful activity (SGA) during that period.

The end of the closed period is typically marked by your medical recovery or your ability to resume work at the SGA level.

Why Pursue a Closed Period?

A closed period is ideal for individuals who have experienced temporary but severe disabilities, such as recovering from surgeries, cancer treatments, or chronic illnesses like multiple sclerosis (MS). For example, one client successfully pursued a closed period after 1.5 years of MS treatment and recovery.

The financial relief provided by retroactive benefits can help address:

• Medical Bills: Covering costs incurred during your disability period.
• Lost Income: Providing compensation for the months you were unable to work.
• Stability: Bridging the gap during recovery and reducing financial stress.

Steps to Prove a Closed Period of Disability

Pursuing a closed period mirrors the process of applying for ongoing SSD benefits but with a focus on specific timelines and evidence.

1. Document the Disability Period

• Pinpoint the exact start and end dates of your disabling condition.
• Provide medical evidence showing when the impairment began and when it resolved or stabilized.

2. Compile Comprehensive Medical Records

• Submit detailed records that demonstrate the severity and duration of your condition.
• Include treatment histories, doctor’s notes, and any relevant test results to support your claim.

3. Explain Your Return to Work

• Clearly outline when and how you returned to work at the SGA level.
• Highlight your efforts to regain independence, as this can reflect positively during your hearing.

4. Prepare for the Hearing

• Be ready to discuss the disabling impact of your condition and how it met the Social Security Administration’s (SSA) requirements.
• Emphasize the duration and intensity of your impairment, ensuring consistency with your medical evidence.

Benefits of a Successful Closed Period Claim

Even if you’ve returned to work, securing a closed period can provide significant financial relief. Successful claims typically result in:

• Retroactive Payments: Compensation for the months you were disabled, minus any waiting periods.
• Debt Recovery: Assistance with medical expenses, lost wages, and other costs incurred during your disability.

This type of claim recognizes the challenges of temporary disability and offers a means to recover financially.

Potential Challenges

While closed period claims can be advantageous, they come with unique challenges:

• Proving the Duration: You must provide clear, consistent medical evidence to substantiate the full length of your disability.
• Judicial Discretion: Administrative Law Judges (ALJs) may scrutinize your case, particularly if they believe your condition was borderline or if your work activity during the claimed period raises doubts.

An experienced Social Security disability attorney can address these hurdles and strengthen your case.

Final Thoughts

A Closed Period Social Security Disability claim is an essential option for individuals who faced severe disabilities for a limited time but have since recovered. By securing retroactive benefits, you can alleviate financial burdens and move forward with greater stability.

If you believe you qualify for a closed period, working with a knowledgeable attorney is crucial. They can help gather evidence, navigate the complexities of the SSA process, and advocate for you during hearings.

At Christopher Le Law, we are dedicated to helping clients through every step of their SSD claims. Contact us today for a free consultation and take the first step toward securing the benefits you deserve.

For more information, visit Christopher Le Law.

If you’re a former city employee and are currently receiving pension or retirement benefits from your city, you might be wondering whether your Social Security Disability (SSD) approval will affect your city benefits. The interplay between Social Security Disability and city pension plans can be confusing, but understanding how these two benefits work together is essential to avoid any unexpected changes in your income.

In this blog post, we’ll break down the relationship between SSD benefits and city pension or retirement benefits, and help you understand whether and how your city benefits may be impacted when you’re approved for Social Security Disability.

1. Understanding City Pension or Retirement Benefits

City pension plans typically provide retirement income to individuals who have worked for a city or local government. These benefits are often based on your years of service and salary during your time as a city employee. City pensions can be quite generous, depending on the plan, and they’re often viewed as an important source of financial security after retirement.

However, pension benefits from the city are separate from federal Social Security benefits. If you worked for a city government, it’s also possible that you did not pay into Social Security during your years of employment, or that your contributions were limited due to the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO), which we’ll discuss later.

2. How Social Security Disability Works

Social Security Disability (SSD) is a federal program designed to provide income to individuals who are unable to work due to a disabling condition. Unlike regular Social Security retirement benefits, SSD benefits are awarded to people who meet strict medical criteria and have sufficient work history. To qualify for SSD, you generally need to have paid into Social Security through payroll taxes for a certain number of years.

Once approved, SSD benefits can provide significant financial support for individuals unable to maintain employment due to their disabilities. However, the question remains: how does this interact with your city pension?

3. The Windfall Elimination Provision (WEP) and Social Security Disability

If you worked as a city employee and participated in a government pension plan (like a city pension), you may be subject to the Windfall Elimination Provision (WEP). The WEP can affect how much Social Security Disability you’re eligible to receive, as it reduces the SSD benefit for individuals who are also receiving a pension from work that didn’t involve paying into Social Security.

Here’s how it works:

• The WEP applies if you worked for a government employer (such as a city) that did not withhold Social Security taxes on your wages.

• The WEP reduces your SSD benefit based on your earnings and the number of years you worked in jobs that were covered by Social Security.

• The reduction typically results in a lower SSD benefit than it would be for someone with the same work history who paid Social Security taxes throughout their entire career.

Important Note: The WEP only affects the calculation of your Social Security Disability benefits, not your eligibility for SSD. In other words, you can still qualify for SSD even if you’re receiving a pension from the city. However, the amount of SSD you receive may be reduced due to the WEP.

4. How City Pension Benefits Are Affected by SSD Approval

Generally speaking, your city pension benefits are not directly affected by your approval for Social Security Disability benefits. Your city pension or retirement benefits are typically calculated separately from your SSD income.

However, there are a few important points to keep in mind:

• City Pension Plans: If you receive a pension from your city for your years of service, your pension payments will continue regardless of your SSD approval. However, if you are already receiving disability benefits from the city pension plan (such as a disability pension), this could complicate things slightly. Some city pension plans may offset pension payments based on your SSD benefit, meaning your pension may be reduced by the amount you receive from Social Security. This varies depending on the specific terms of your city’s pension plan.

• Dual Payments: If you qualify for both SSD benefits and a city pension (in the form of disability or retirement benefits), you could end up receiving two separate sources of income. However, it’s important to clarify whether your pension plan has any provisions that might reduce or offset benefits if you begin receiving SSD. Some cities might reduce the disability portion of your pension in order to offset the SSD payments, so it’s crucial to check with your pension plan administrator for specific details.

5. Government Pension Offset (GPO) and SSD

In addition to the WEP, another provision to be aware of is the Government Pension Offset (GPO). While the GPO primarily affects Social Security spousal and survivor benefits, it can also apply in certain cases to individuals who are receiving a pension from government employment and are eligible for other Social Security benefits.

The GPO could reduce the amount of Social Security benefits you’re entitled to if you receive a government pension, but it generally does not affect Social Security Disability benefits directly. SSD benefits are typically not reduced by the GPO, so you can still receive the full amount of SSD without any reduction due to a city pension.

6. What Should You Do if You’re Approved for SSD and Receive a City Pension?

If you’re approved for SSD benefits and are also receiving pension or retirement benefits from your city, you should:

• Notify Your Pension Plan Administrator: If you’re receiving a city pension, make sure to inform your plan administrator of your SSD approval, especially if you are receiving disability pension benefits. This will help them assess whether your SSD approval impacts the amount of pension benefits you’re entitled to.

• Review Your Pension Plan: Read the terms of your city pension plan to understand whether your SSD approval will result in any offsets or adjustments to your pension. Some cities may reduce pension benefits to offset Social Security Disability payments, while others may not.

• Consult with a Benefits Attorney: If you’re unsure how the WEP or other provisions affect your situation, it may be a good idea to consult with a lawyer who specializes in disability benefits and pension plans. An attorney can help you navigate the complex interaction between your SSD benefits and your city pension.

Conclusion

In most cases, getting approved for Social Security Disability benefits will not directly affect your city pension or retirement benefits. However, if your city pension plan includes provisions for offsetting SSD payments or if you’re subject to the Windfall Elimination Provision (WEP), it could impact the amount of SSD benefits you receive.

To ensure you’re receiving all the benefits you’re entitled to and to avoid surprises, it’s crucial to review the terms of your city pension plan, notify your pension administrator of your SSD approval, and seek legal advice if needed.

At Law Offices of Christopher Le, we specialize in helping individuals navigate the complex world of disability benefits and pension plans. If you have questions about how your SSD benefits will interact with your city pension, don’t hesitate to contact us for a consultation. We’re here to help you understand your rights and ensure you get the full benefits you deserve.

When applying for Social Security Disability (SSD) benefits, many claimants may be concerned about the cost of hiring an attorney to help with the process. Social Security Disability claims can be complex and time-consuming, and many people rely on experienced attorneys to navigate the intricacies of the system. But how much will it cost to hire an attorney, and what factors go into determining the fee?

In this blog, we’ll break down what you need to know about attorney fees in Social Security Disability cases, including a recent increase to the fee cap that may impact your case.

How Attorney Fees Work in Social Security Disability Cases

Social Security Disability cases are typically handled on a contingency fee basis. This means that you won’t have to pay any upfront costs to hire an attorney. Instead, the attorney’s fee is contingent upon whether you win your case. If you are awarded Social Security Disability benefits, the attorney will receive a percentage of your back pay — the lump sum of benefits owed to you from the time you first applied until your approval.

The typical fee for an attorney handling a Social Security Disability case is 25% of the back pay, with a maximum limit set by the Social Security Administration (SSA). This cap ensures that attorneys are compensated fairly without charging excessive fees. The cap on attorney fees was recently increased, so let’s take a look at the new changes.

Recent Increase in Attorney Fee Cap: What Does it Mean for You?

As of November 30, 2024, the cap on attorney fees for Social Security Disability cases has increased from $7,200 to $9,200. This change reflects the increasing complexity of disability claims and the need for attorneys to devote more time and resources to successfully represent clients.

Why the Increase in the Fee Cap?

The Social Security Disability process can be lengthy, with many claims taking months or even years to resolve. Attorneys often invest significant time in gathering medical records, preparing legal arguments, attending hearings, and appealing decisions. The increase in the fee cap helps ensure that attorneys are adequately compensated for the hard work and resources required to handle these cases effectively. Additionally, the rise in the fee cap takes into account inflation and the rising costs of legal services over time.

It’s important to note that while the maximum fee has increased, the attorney’s fee is still based on 25% of your back pay, and any fee above $9,200 must be approved by the SSA. This ensures that the attorney’s compensation remains within reasonable limits while still allowing them to adequately serve their clients.

Will You Pay the Full $9,200?

The $9,200 cap is the maximum amount that an attorney can charge for a Social Security Disability case. However, not every case will reach the maximum fee. The actual amount you pay will depend on the amount of back pay awarded and the complexity of your case.

For example, if your back pay is lower than $36,800, your attorney’s fee will be 25% of that amount, up to the cap. If your case results in a larger award, the attorney’s fee may reach the cap, but it can never exceed $9,200 without SSA approval.

What Happens if Your Case Is Denied?

If your claim is denied and your case moves to an appeal or hearing, your attorney will continue to represent you on a contingency fee basis. The attorney’s fee will still be calculated as 25% of any back pay you receive as a result of the favorable decision. If your case is ultimately unsuccessful, you will not owe your attorney any fees, though you may still be responsible for other costs, such as expert witness fees or administrative expenses.

Final Thoughts: Choosing the Right Attorney

Social Security Disability cases can be complicated, and having an experienced attorney on your side can make a significant difference in your chances of success. The recent increase in the fee cap may help ensure that you receive quality representation without having to worry about the cost upfront.

When selecting an attorney, it’s important to find someone who is knowledgeable about Social Security Disability law and who will work diligently to represent your best interests. At our firm, we are dedicated to helping our clients navigate the SSD process, and we will be transparent with you about attorney fees and the costs associated with your case.

If you have any questions about your Social Security Disability claim or attorney fees, don’t hesitate to contact us for a consultation. We’re here to help you get the benefits you deserve.

Contact us today to learn more about how we can assist with your Social Security Disability case!