If you receive a monthly disability payment through Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI), you may be overpaid at some point. When this happens, you are responsible for paying back any extra funds to the Social Security Administration (SSA).

Below, Sigman Janssen further discuss the cause of SSDI/SSI overpayments and how to proceed to avoid it impacting your disability benefits. For help with applying or appealing a disability claim, reach out to our firm for a free consultation. There is no obligation after this initial meeting to retain our services.

Understanding Disability Overpayments

An overpayment is when a disability recipient receives more money from Social Security for the month than the amount he or she should have been paid. The amount of an overpayment is the difference between the amount received in disability benefits and the amount actually due on a monthly basis.

How to Avoid an Overpayment

Overpayments can sometimes happen due to clerical errors made by the SSA, but usually it is because disability recipients fail to inform the SSA about a change in their situation.

Changes that can impact one’s eligibility or monthly benefit amount include, but are not limited to:

• Medical condition has improved
• Work hours have increased, if still able to work in some capacity
• Income or financial resources have increased over the limit, if receiving SSI
• Any adjustments in current living situation or marital status 

That is why it is in your best interest to remain in regular contact with the SSA regarding changes that may impact your monthly disability benefits. When in doubt, we recommend speaking with a Social Security representative for clarification on anything. You do not want to have to owe an overpayment.    

Catching an Overpayment When it Occurs

Catching an overpayment used to be a bit easier when disability recipients received their monthly disability payments in a mailed check. Now, these payments are sent electronically and automatically deposited into a banking account or benefit card, so it is even more important to check the amount of your disability benefits every month to catch an overpayment when it occurs. 

Any extra funds received should not be spent and need to be paid back as soon possible. Social Security will send you a notice explaining the overpayment amount and the reason you were overpaid. Social Security will also ask for a full refund within 30 days from the date of the notice.

Depending on your situation, you may have the option to repay the funds in monthly installments.

Reporting an Overpayment to the SSA

Should you notice that your monthly benefit amount is greater than normal, it is important to speak with a Social Security representative to make sure that this amount is accurate. He or she will investigate your concerns to determine if you have been overpaid and your options for repaying any extra funds. 

For instance, for those receiving SSDI payments, Social Security will withhold your full benefit amount every month, unless you request a lesser withholding amount. For those receiving SSI payments, Social Security will withhold 10 percent of the federal benefit rate every month to recover the overpayment.

If you think you should not have to pay the funds back because it was not your fault, you may be able to file a waiver. Although there is no limit to file, the waiver must show that the overpayment was due to a clerical error and that having to pay back the extra funds would cause you financial hardship.

Disability recipients who feel they were not overpaid or disagree with the overpayment amount also have the right to file an appeal. The appeal must be done in writing within 60 days from receiving the overpayment notice. You need to explain why you were not overpaid or why the amount is inaccurate.

If your request for a waiver or an appeal is denied, one of our experienced Oshkosh Social Security Disability lawyers is prepared to inform you of your rights and legal options moving forward.

It is important to note that not paying back the extra funds without filing a waiver or an appeal may result in Social Security recovering the overpayment from your federal income tax return or work wages or withholding funds from future SSDI or SSI benefits. It can also be reported to the credit bureaus.

Sigman Janssen is Here to Help

Our lawyers at Sigman Janssen have decades of experience representing Social Security Disability applicants and helping them obtain and maintain their benefits.

Contact us anytime, day or night, to schedule a free initial consultation. You are under no obligation to have us represent you, but if you do, we charge nothing up front unless we help you obtain benefits.

Trusted. Local. Lawyers. Ph: (877) 888-5201

Many employees may believe that having a preexisting injury may automatically disqualify them from pursuing a worker’s compensation claim, even if that old injury becomes worse because of their job duties. However, in Wisconsin, this is not true. You cannot be barred from making a claim simply because you have a preexisting injury.

If you have an old injury that was aggravated or made worse while you were doing your job, we encourage you to contact our law offices to find out whether you may have a valid claim. This initial consultation with one of our experienced lawyers is completely free, and there is no obligation to use our services after this meeting.

Did Your Job Duties Cause a Preexisting Injury to Worsen?

Perhaps your boss or a co-worker told you that if you have a preexisting injury or medical condition that got worse while working on the job you are not eligible to file a claim for worker’s compensation. For example, if you have a preexisting back injury and your job duties include lifting heavy objects every day, your work could either cause a new back injury or aggravate your old one. Many industries, such as construction, inherently carry a higher risk for injury, or reinjury, due to working with heavy equipment.

If you are injured while doing your job, even if you have a preexisting injury, you may still be eligible to receive worker’s compensation benefits.

What Types of Injuries or Conditions May Worsen on the Job?

Medical conditions and other prior injuries that can be aggravated by performing your job duties include:

Some employers, or even worker’s compensation carriers, may rely on the fact that many people just give up on pursuing a claim after being denied benefits for a preexisting injury.

Evidence That Can Help Support Your Claim

It is important to remember that insurance companies are not on your side, so if they can find a reason to deny your claim, they will. However, there are steps that you can take to help provide proof that your preexisting injury was made worse by your job:

Disclose Your Preexisting Injury

Although it may be tempting to do so, it is never a good idea to try to hide an old injury when filing for worker’s compensation benefits, and this tactic will likely backfire on you anyway. It is better to get it out in the open. However, there is a proper way to do it. When filing your application for benefits, talk about the specific activities that caused your preexisting injury or medical condition to worsen. Discuss the symptoms you are having now and describe how they are different from what you experienced with your old injury.

Repetition is Key

Once you choose your treating physician, be sure to talk about how your symptoms with this reinjury or aggravated medical condition are different from what you previously experienced. Tell your doctor what activities you were doing at work that caused you to get reinjured.

Do Not Wait to Report Your Injury

Never wait to report a work injury. If you do, you leave wiggle room for either your employer, the worker’s comp insurance carrier, or both, to argue that your injuries could have happened anywhere.

If you are denied benefits, there are options for appealing this decision. However, you do not typically have time to waste. Contact an experienced lawyer to learn about your legal options for overturning this decision and getting the benefits you need.

Injured or Reinjured at Work? Call Our Firm for Legal Help Today

We recommend speaking to an experienced attorney to learn whether you may still be eligible to receive worker’s comp benefits while you recover from your injury.

At Sigman Janssen, we are prepared to review the circumstances of your situation and help determine whether you may have a valid claim. There is no cost to meet with us; your initial consultation is completely free. We have decades of experience, and we have recovered millions in compensation for our clients.

There is no obligation to hire our services, and if you hire one of our Oshkosh worker’s compensation lawyers to represent you, there are no upfront fees or attorney costs to pay. We only get paid if we are successful in obtaining compensation for you.

Schedule Your Free Consultation Today. (877) 888-5201.

Being involved in a car accident can be a traumatic and overwhelming experience, especially when it occurs while driving in another state. You may be unsure if your injuries and damages will be covered because you are outside your state of residence. Fortunately, there are certain actions you can take to help protect your claim for compensation.

An Appleton car accident lawyer from our firm is ready to review your situation in a free consultation. You are under no obligation to hire us after this initial meeting with a member of our legal team.

How Should I Handle an Out-of-State Car Accident?

Knowing how to proceed after a car accident is important. Regardless of what state you are in, you should always follow these standard procedures:

• If possible, move your car to a safe place away from traffic to avoid another crash
• Check yourself for injuries and then check on the safety of anyone else involved
• Call the police and emergency services so that an official report is filed
• Exchange information with all involved parties, including eyewitnesses
• Assess and document the damage by taking pictures or video if you can
• Reach out to an experienced lawyer before contacting the insurance company

Unlike an insurance adjuster, a lawyer will have your best interests in mind and will strongly advocate on your behalf. Seeking legal help first could help ensure that you have a chance at obtaining maximum compensation for your damages.

Will My Policy Cover Me?

Wisconsin law requires that all drivers carry liability insurance that covers up to $25,000 for bodily injury or death of one person in a car accident, up to $50,000 for bodily injury or death of one or more persons in a car accident, and up to $10,000 for damage of property.

However, if you are in an accident in another state, your claim will be governed by the laws of that state, and each state has different liability insurance minimums. It is important to note drivers often purchase more than the minimum limits.

If the at-fault driver is found liable for damages that exceed his or her policy limit, he or she may need to pay out of pocket for medical bills, property damage and other losses.

Other than liability insurance, all Wisconsin drivers must also carry uninsured motorist coverage. The minimum requirement is at least $25,000 per person and $50,000 per car accident. Underinsured motorist coverage is not mandatory. However, most drivers choose to increase their existing policy limits in the event that the at-fault driver has no insurance or lacks enough insurance to cover damages.

Optional types of coverage, such as MedPay, can also be purchased to better protect yourself in a car accident. MedPay would help cover any reasonable and necessary medical bills while your claim is pending.

What if the State Does Not Use an At-Fault System?

Wisconsin follows a fault-based system and like other at-fault states, the party responsible for causing the crash is also responsible for any damages. You could pursue compensation by filing a claim with the at-fault party’s insurance company or filing a lawsuit in court against the at-fault party.

But what if you are injured in a car accident in a no-fault state? To the west, Wisconsin is bordered by Minnesota, which is a no-fault state. In such states, each driver must go through their own insurance company to cover their damages, regardless of who was at fault.

Filing a claim will depend on the location of the crash and the residency of the at-fault driver. Generally, the law of the state where the car accident happened most often applies. However, there may be situations where that is not the case. The damages that can be recovered will also depend on the case.

This is why it is important to work with a lawyer who will have an understanding of the many factors that come into play when dealing with an out-of-state car accident. 

Reach Out to Our Legal Team Today

Being involved in a crash in another state can be scary, but you do not have to go through the claims process on your own. Our legal team at Sigman Janssen is ready to discuss your rights and potential legal options during a complimentary, no-obligation consultation. We have assisted countless accident victims over the decades in obtaining just compensation. To date, we have recovered millions for our clients.

We charge nothing up front to retain our services and no fees while we work on your case. You only pay us if we help you obtain compensation.

Available 24/7 to take your call. (877) 888-5201.

If the Social Security Administration (SSA) denies your disability claim, you have the option of either appealing the decision or starting a new claim.

Which is the best route for you? Our Green Bay Social Security Disability attorneys explain the two options and when each is appropriate. Request a free, no-obligation legal consultation to get started.

Reasons to Appeal After a Denial

Generally, the best solution for many applicants is to appeal after their disability claim has been denied. The key advantages of doing so include:

• Avoid adding extra time to the claim. The disability appeals process can take up to two years or more to settle. If you file a new claim when facing a denial, you may be adding more time, as your new claim may have the same issues and also be denied after filing.
• The SSA does not have to reopen prior applications. Reopening a prior claim is done at the SSA’s discretion. If you file a new claim, you may not be able to receive backpay for the time you have waited since originally filing, even if you qualified as disabled.
• If your first claim was denied, the SSA will likely deny your second claim as well, therefore you will still need to pursue an appeal to access benefits. If the same reviewer is assigned your second claim, he or she is likely to deny the new claim if it presents the same information. Appealing puts a fresh pair of eyes on your claim, which may be what is needed for approval.
• The odds of having your initial claim denied are great, though outcomes may improve when appeals are pursued. Especially when reaching the ALJ stage of appeals – the judge has more leeway in making decisions on claims than the state medical examiners who initially review claims.

When You May Want to Start a New Claim

Reapplying for disability is generally a riskier option after your initial claim was denied. However, there are certain scenarios where starting a new claim is the preferred option.

• Your condition has worsened since you filed your initial claim. The appeals process can take years to resolve, but the initial claims period lasts only three to six months. During this period, your condition may have worsened to the point where you now qualify for disability benefits.
• You miss the deadline to appeal the decision of your initial claim. In most cases, you only have 60 days to appeal the initial decision, so if you miss this time limit, you need to file a new claim to pursue benefits.
• You have appealed your initial claim but have received a denial at the ALJ (administrative law judge) level of appeals. After an ALJ hearing, there is only one more level of appeals, though you are permitted to file a new claim and pursue benefits that way.

If you believe filing a new claim may be the better option to obtain disability benefits, it is wise to consult with an experienced disability attorney before pursuing a new claim. He or she will be able to review your initial claim to determine why it may have been denied, and help you decide if a new claim is your best option or if it would be better to pursue an appeal.

Call Us Today to Get Started

If the SSA has denied your disability claim, you have options. Our legal team at Sigman Janssen is here to help you determine the right path and pursue your claim for the benefits you may be eligible for.

We offer free consultations and electronic signups with no face-to-face meeting required. If you decide to hire us, there is no need to pay for legal fees unless we recover compensation on your behalf.

We are standing by to take your call. (877) 888-5201.

Workers in many industries, including construction and manufacturing, operate heavy machinery during building, demolition and restoration. Unfortunately, constant exposure to this machinery can put workers at a greater risk of being in an accident that can result in life-altering injuries and fatalities.

If you or someone you care about has been injured at work in a heavy machinery accident, Sigman Janssen is here to help. Reach out to discuss your situation today in a free, no-obligation consultation.

Who Could Be Liable for Your Injuries?

If a worker is performing his or her normal work duties and suffers an injury due to heavy machinery, he or she may be able to obtain worker’s compensation benefits. In Wisconsin, this could include all reasonable and necessary medical expenses and wage loss benefits. If a worker is fatally injured, death benefits may be pursued. You can receive these benefits no matter who is at fault for the accident.

However, accidents at work are not always caused by a fellow worker. There are certain situations in which an individual or a worker from another company may have acted carelessly and caused you harm.

If a third party was involved in your accident, our attorneys are here to help. Although you do not have the right to sue your employer when you are covered by worker’s compensation insurance, you could file a claim against negligent third parties. Examples of third parties that could be liable include:

• General contractor – On a construction site, the general contractor is responsible for providing a safe work environment that meets Occupational Safety and Health Administration (OSHA) guidelines and local requirements.
• Project owner – The project owner may not necessarily be your employer and could be responsible for maintaining a safe work site and providing direction for a contractor to enforce.
• Manufacturer – When heavy machinery is defective, the manufacturer of these products could share some liability in an accident.

Why Heavy Machinery Accidents Occur

Accidents involving heavy machinery occur all too often on construction sites, leading to numerous injuries every year. Some of the reasons why heavy machinery accidents occur include:

Inadequate Training

Operating heavy machinery safely and correctly requires specialized training and experience. When a worker is not given adequate training on how to properly use a machine, accidents can happen.

Workers should also be supervised when operating heavy machinery. Some workers may not be aware of all the dangers that may be present in an area while using a crane, forklift, bulldozer, hoist or other type of heavy machinery.

Having the right supervision could help prevent workers using heavy machinery from doing something that causes harm to themselves or others around them.

Lack of Maintenance

Heavy machinery that is poorly maintained poses a serious risk for workers who use it and others working nearby. The longer maintenance is not performed, the greater chance that warning systems on the machine will fail to function. If the alert system breaks, other workers may not be warned and get hit.

For instance, forklifts could possibly malfunction if not adequately maintained. A load could come down unexpectedly from a malfunctioning forklift and crush workers nearby. If a crane malfunctions, it can collapse and easily injure or fatally harm workers below.

Heavy machinery that is defective should also not be used until proper repairs are made. Putting a piece of machinery back in service before repairs are completed puts workers in danger.

Improper Inspections

It is important that heavy machinery is inspected on a regular basis. Workers should be utilizing checklists to ensure that the machine is in good working condition. All heavy machinery must have:

• A working brake system, including emergency and parking brakes
• Working headlights, taillights and brake lights
• An audible warning device, such as a horn

How to Reduce the Risk of an Accident

Most heavy machinery accidents are preventable when proper safety guidelines are implemented and followed. There are certain steps you can take when working with heavy equipment to protect yourself and reduce the risk of an accident and injury.

• Wear appropriate safety gear – Depending on your line of work, this could include hardhats, heavy-duty gloves, face shields, ear plugs, steel-toed boots, harnesses and safety vests.
• Keep machine-guarding equipment on – This safety equipment helps protect workers from danger, such as flying chips and sparks when operating heavy machinery.
• Stay clear of operating or moving machinery – If someone else is operating heavy machinery, do not distract or bother them. Operating these machines require focus as there may be many moving parts and breaking that focus could result in serious injuries.
• Only operate machinery you are trained for – Operating heavy machinery without proper, specialized training puts you and others at risk of being injured.
• Use machinery as intended – Each piece of heavy machinery is designed to perform a specific task. Using machinery to perform other jobs can be dangerous.

Our Initial Consultations Are Free of Charge

If you have been injured in an accident at work, a licensed Green Bay worker’s compensation lawyer from our firm is prepared to discuss your rights and legal options in a free consultation. We have decades of experienced helping to secure the benefits injured workers and their families need.

There are no upfront fees to unitize our services. We only get paid if we help you obtain compensation.

For a free case review, call (877) 888-5201.

If you were injured in an Appleton car crash, you may be eligible to make a claim against the driver responsible for the accident and any resulting injuries and damages. This is because Wisconsin follows a traditional fault-based system.

In an ideal situation, this would mean getting fully compensated for all your losses. The trouble is, sometimes the amount of compensation you may be eligible to receive exceeds the at-fault driver’s insurance policy limits.

While it may be possible to sue for more compensation than the at-fault driver’s policy limits, it is not an easy task, especially without an experienced attorney by your side. Below, Sigman Janssen discusses what you need to know about insurance policy limits and the value of your claim.

Understanding Insurance Policy Limits

When a driver purchases liability insurance, they select coverage limits, which define the maximum amount an insurance company will pay out for claims made against the policyholder. These limits are crucial in determining how much compensation you can expect to receive after an accident.

What Are Insurance Policy Limits?

Insurance policy limits represent the highest amount of coverage provided by an insurance policy for a specific type of claim. These limits are set at the time of purchasing the policy and can vary based on the policyholder’s choices and the insurance company’s offerings. Policy limits typically apply to both settlements and court awards.

How Policy Limits Work

For example, if you are involved in a car accident caused by another driver, and their liability insurance policy has a bodily injury limit of $25,000 per person, this means that their insurer will pay up to $25,000 for injuries you sustained because of the accident.

This $25,000 limit generally covers:

• Medical Expenses: Costs related to hospital visits, surgeries and ongoing medical treatment.
• Loss of Income: Compensation for wages lost due to the inability to work because of your injuries.
• Other Out-of-Pocket Costs: Expenses such as rehabilitation, physical therapy or any other necessary treatments directly related to the accident.

Implications of Policy Limits

If your total damages exceed the policy limit, you may face a shortfall between what you need and what the insurance company is obligated to pay. For instance, if your damages amount to $50,000 and the at-fault driver’s insurance only covers $25,000, you would be left to recover the remaining $25,000 from other sources.

Additional Considerations

• Per-Accident vs. Per-Person Limits: Insurance policies often have both per-person and per-accident limits. For example, a policy might have a $25,000 limit per person but a $50,000 limit per accident. This means if multiple people are injured in one accident, the total payout for all claims combined cannot exceed $50,000.
• Property Damage Limits: Liability policies also include limits for property damage, which is separate from bodily injury coverage. If the accident resulted in damage to vehicles or other property, the insurance would cover these costs up to the policy’s property damage limit.
• Settlement and Verdicts: Insurance policy limits are applicable to both out-of-court settlements and jury verdicts. In settlement negotiations, the insurer will typically offer an amount up to the policy limit to resolve the claim. If the case goes to court and you win a verdict that exceeds the policy limit, the insurer will only pay up to the limit, leaving you to pursue the excess amount through other means.

Suing for More Than the Insurance Policy Limits

Unfortunately, you cannot make an insurance company pay beyond its policy limit. You do, however, have the right to sue the at-fault driver for more than the value of his or her insurance policy. This would mean directly filing a lawsuit directly against the driver who caused the accident and not the insurer.

The issue is that many drivers typically do not have the funds to cover your damages. Even if you win the case, you may not be able to collect the full amount awarded. Lawsuits can be expensive and lengthy.

In most cases, your lawyer will pursue compensation for you through negotiations with the insurance company. This might limit you if your damages exceed the policy limits, but it may be the best way unless your lawyer decides that a lawsuit would be necessary.

Other Ways to Pursue Financial Compensation

When an accident results in damages that exceed the at-fault driver’s insurance policy limits, there are additional strategies you and your lawyer can explore to help you recover the compensation you need. Here are some key options:

1. File a Claim Against an Umbrella Policy

What is an Umbrella Policy?

An umbrella policy is a type of excess liability insurance that provides additional coverage beyond the limits of the policyholder’s primary auto insurance or homeowners insurance. It’s designed to kick in when the costs of a claim exceed the coverage limits of the primary policy.

How Umbrella Policies Work

For example, if the at-fault driver in an accident has a primary auto insurance policy with a $50,000 bodily injury limit, and your damages total $100,000, the primary insurance will only cover up to $50,000. If the driver has an umbrella policy with a $1 million limit, this additional coverage can potentially pay the remaining $50,000, up to the umbrella policy’s limit.

Benefits of an Umbrella Policy

• Extended Coverage: Provides an extra layer of financial protection, which can be crucial in cases of severe injuries or substantial property damage.
• Broader Protection: Often covers more than just auto accidents, including personal injury claims and other liability issues.

Determining the Availability of Umbrella Policies

• Identify Potential Coverage: Your lawyer can help investigate whether the at-fault driver has an umbrella policy. This often involves reviewing the driver’s insurance records or legal discovery if a lawsuit is filed.
• Verify Policy Limits: Confirm the umbrella policy’s limits to understand how much additional coverage might be available.

2. Filing a Lawsuit Against Multiple Parties

What is Joint Liability?

In some accidents, multiple parties may share liability. For example, if another driver was partially at fault or if a third party, such as a vehicle manufacturer or a road maintenance company, contributed to the cause of the accident, you may be able to seek compensation from all responsible parties.

How to Pursue Multiple Defendants

• Identify Liable Parties: Work with your attorney to determine all potential parties who may be held responsible for the accident. This could include multiple drivers, companies or entities.
• File Separate Claims or a Consolidated Lawsuit: Depending on the circumstances, your lawyer might file separate claims against each party or pursue a consolidated lawsuit that addresses all responsible parties collectively.

3. Pursuing Additional Damages

If the insurance policy limits are insufficient, consider pursuing additional damages through other means:

• Personal Assets: If you win a lawsuit against the at-fault driver but the insurance limit is insufficient, you might be able to recover additional funds from the driver’s personal assets. However, this can be challenging if the driver does not have significant assets.
• Property Damage Claims: Ensure you file claims for all property damage, including vehicle repairs and other related costs. If the at-fault driver’s insurance doesn’t fully cover these costs, you might need to explore other sources of compensation.

4. Utilizing Your Own Insurance

Underinsured Motorist (UIM) Coverage

If the at-fault driver’s insurance is insufficient to cover your damages, your own auto insurance may include Underinsured Motorist (UIM) coverage. This type of coverage kicks in when the at-fault driver’s insurance falls short of covering your total damages.

How UIM Coverage Works

• Coverage Limits: UIM coverage provides additional compensation up to the limit of your own policy. For example, if you have a UIM policy with a $100,000 limit, and the at-fault driver’s insurance covers $50,000, your UIM coverage can potentially pay the remaining $50,000.

5. Exploring Other Insurance Policies

Check if you have any other insurance policies that might offer coverage for your situation. This could include:

• Health Insurance: Your health insurance may cover medical expenses related to the accident, which can help reduce out-of-pocket costs.
• Disability Insurance: If you are unable to work due to the accident, disability insurance might provide compensation for lost wages.

Get the Legal Answers You Need Today

Being able to collect more than a policy limit is sometimes possible if your injuries and damages require more compensation. A licensed Appleton car accident lawyer from our firm is prepared to review your situation, discuss your legal options and guide you throughout the legal process from start to finish.

Request a free, no-obligation consultation to see how we may be able to help. There is no obligation involved to retain our services, but if you do, we charge no fees unless you obtain compensation.

Need legal help? Call (920) 328-0700 today.

After applying for Social Security Disability benefits, you may be anxious as you await a decision and worry whether you have provided all the information needed to make a disability determination. You may even be wondering when and how you will be notified about the status of your application.

Below, learn how disability applicants may be notified about a benefits decision and what to do if you disagree with the decision. If you have questions about Social Security, do not hesitate to contact our firm. We have helped many Wisconsin residents file initial disability applications and file appeals.

Getting a Letter or Phone Call

If your application for disability benefits is approved, you will get an official letter from the Social Security Administration (SSA) detailing this information. The letter should include a heading that either states the agency name or the notice type along with the SSA’s contact details and local office address.

For instance, if you live in Brown County, the Green Bay Social Security office would be 1561 Dousman St. If you live in Outagamie County, the Appleton Social Security Office would be 607 W Northland Ave. If you live in Winnebago County, the Oshkosh Social Security Office would be 400 City Center B, and so on.

The letter is sent to inform you of your rights and responsibilities and will generally state the following:

You may receive the approved letter up to two weeks after receiving benefits direct deposited into your bank account, if you already gave the SSA your banking information.

For blind or visually impaired applicants, they could receive a letter in the mail with a follow-up call from the SSA. An agency representative may also reach out to begin an application for your child, which would mean that your claim for disability benefits has been approved.

Checking Your Bank Account

If the SSA has your banking information for direct deposit, you will likely receive benefits in your bank account before receiving the letter. For many disability applicants, an unexpected deposit is an indicator that they have been approved. You can always contact the SSA if you are unsure about the deposit. If you think it is time to get a decision, be sure to check your bank account every few days for a deposit.

Looking Up Application Status Online

The SSA’s website is also a good place to check the status of a pending application. Whether you are seeking Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you can find out the date the application was received and if a decision has been made.

Creating an online account is free of charge and usually takes a few minutes. You also have the ability to update your mailing address and set up or change direct deposit.

What If I Disagree with the Decision?

If you receive a letter of denial instead of an approval, you have the right to appeal this decision. A Green Bay Social Security Disability attorney from our firm is ready to guide you through the appeals process.

The first step in the appeals process would be filing a Request for Reconsideration. You have 60 days from the date of receiving the letter to file this motion. Otherwise, the SSA will only allow an appeal after the 60-day period within good reason. Your attorney can discuss your options in great length.

Contact Our Firm for Help Today

Need help obtaining disability benefits?

If so, Sigman Janssen may be able to assist you. We know what it takes to receive an approval letter from the SSA. Let us review your situation in a free, no-obligation legal consultation today. We charge no upfront fees and only get paid at the end if we help recover benefits on your behalf.

Contact our office today at (877) 888-5201.

When most people think of a car accident, they picture a collision between two vehicles. However, sometimes a crash can happen without one vehicle touching another. These are known as no-contact car accidents, in which only one vehicle or driver is damaged or injured.

Filing an insurance claim for damages in these cases can be challenging since the other driver may not stop or even realize they caused an accident. If you have been the victim of a no-contact car accident, we recommend consulting with an experienced lawyer to discuss your legal options.

Our Oshkosh auto accident attorneys further explain these types of accidents and how to obtain compensation for your injuries and damages. See how we may be able to help by scheduling a free legal consultation. You are not obligated to retain our services after meeting with us.

What is a No-Contact Car Accident?

A no-contact car accident can happen when another driver’s actions cause you to crash in some way. The at-fault driver’s vehicle does not actually touch your vehicle, but he or she is still responsible for you getting into an accident. Some examples of no-contact car accidents include:

Proving Liability in These Cases

Legally, you are eligible to seek financial recovery for your injuries and other damages if a car accident was not your fault. However, many of these no-contact car accidents are deemed single car accidents by insurance companies, which often means that the victim is deemed liable for the crash.

This can be incredibly frustrating for accident victims when someone else is to blame. You and your attorney would need to be able to prove that the other driver acted in a negligent manner and that carelessness led to the accident that resulted in you being harmed.

The difficulty with these cases is that the at-fault driver usually does not stop. In some instances, the at-fault driver may not even be aware that he or she caused an accident. This individual is considered a phantom driver because he or she is present one moment and gone the next.

A phantom driver is problematic because in order to file a claim against him or her, you need some identifying information. If the at-fault driver who caused the crash continues driving, it will be even harder to determine who is at fault and get compensated for damages.

The Importance of Witnesses in No-Contact Car Accidents

Witnesses could be instrumental in no-contact car accidents. The best witnesses are other drivers or pedestrians not involved in the crash. He or she may have seen what the other driver looked like, caught the car’s license plate or be able to describe unique details of the car.

Having a witness that could support your version of events could put you in a better position to sue for damages. Without a witness, the insurance company will be less likely to believe that the crash was caused by someone else and not you.

What if the At Fault Driver is Not Identified and There Are No Witnesses?

If you are unable to identify the other driver, you would need to turn to uninsured motorist coverage through your own car insurance to help cover expenses to you and/or your car. In Wisconsin, all drivers must carry at least $25,000 per person and $50,000 per accident in uninsured motorist coverage.

However, under state law, other requirements must be met for the insurance company to provide coverage for this type of claim. You must report the accident to the police within a 72-hour period and someone other than you must corroborate your claims that a phantom driver caused the no-contact car accident. Without a witness, the accident will be considered a single car accident. You must also file a statement detailing certain facts with your insurer under oath within 30 days from the date of the crash.

Get Legal Advice from an Experienced Lawyer

If you have been involved in a no-contact car accident, reach out to an experienced lawyer at Sigman Janssen today. We know how insurance companies think and how car accident damages are calculated. We have helped many accident victims over the years obtain the financial recovery they need.

Learn more about your legal rights and your eligibility for compensation in a risk-free, no-obligation consultation. There is nothing owed up front in legal fees unless we help you obtain a recovery.

Call us anytime at (877) 888-5201.

If you work in your 60s and can no longer continue working for health-related reasons, you may be thinking about retiring early and filing for Social Security retirement benefits. Would this be the best route to take or should you consider applying for Social Security disability benefits instead?

Sigman Janssen further explain early retirement and disability benefits and how they impact one another. If you need help getting the benefits you need, call to request a free consultation.

Difference Between Early Retirement and Disability Benefits

If born before 1954, you would be eligible for your full retirement benefits from the Social Security Administration (SSA). The full retirement age is 66 years old and increases gradually if born between 1955 and 1959. For those born in 1960 or later, full retirement benefits are issued at 67 years old.

The SSA allows you to obtain retirement benefits as early as 62 years old. Should you decide to collect early retirement benefits, your benefits would be less than if you had waited until you reached full retirement age. Should you stop working before turning 62 years old, your benefit amount will likely be reduced because of the years when you were unable to earn an income.

If you can no longer work due to a physical or mental impairment before reaching full retirement age, you may be able to apply for Social Security Disability Insurance (SSDI) benefits. These disability benefits would equal your full retirement amount.

Can I Receive Social Security Retirement and Disability Benefits at the Same Time?

In most cases, the SSA will not allow you to receive retirement benefits and disability benefits at the same time. The Social Security Disability program was created to provide disability benefits to those unable to work because of their conditions and those too young to collect their retirement benefits.

If you are receiving SSDI, the SSA will automatically start your retirement benefits once full retirement age is reached and your disability benefits would then stop.

There is only one exception that would allow you to receive both retirement benefits and disability benefits at the same time. This exception, however, is rare and you would not be able to receive more than your full retirement benefit amount.

Should you collect early retirement benefits between 62 years old and your full retirement age, you may be able to receive both. The early retirement plus disability benefits would be equal to the full retirement amount, but nothing greater.

This situation could happen if you decided to obtain early retirement benefits after leaving work because of an injury or illness but are later approved by the SSA for SSDI.

You could also be awarded retroactive SSDI benefits, which would give you full retirement benefits for the months you became disabled while waiting for your disability application to get approved. 

How a Disability Attorney Could Help

If you decide to apply for early retirement but are denied SSDI benefits, you could receive a smaller retirement amount for the rest of your life. A licensed Appleton Social Security Disability attorney may be able to help you appeal this decision should you receive a denial.

An attorney could help fill out the necessary paperwork and submit the correct medical documentation to increase your chances of approval. He or she could also answer any questions you may have about the application process, such as whether your child or spouse could be eligible for benefits.

Call a Representative from Our Firm Today

If you cannot continue to work until you reach full retirement age, reach out to a legal representative from our firm for help. A consultation would allow you the opportunity to learn about your rights and options to seek the benefits you need. It is free of charge without any obligation to retain our services.

We also charge nothing up front unless and until we help recover compensation on your behalf.

Sigman Janssen. Free Case Reviews. Ph: (877) 888-5201.

The Social Security Administration (SSA) has made significant changes to its operations and policies due to the coronavirus pandemic. Since March 17, 2020, Social Security field offices and hearing offices nationwide have been closed for face-to-face-services. They will remain closed until further notice.

Many applicants are left wondering how Social Security cases are being impacted by this current crisis. Below, we discuss what you need to know about this evolving situation. For help applying for disability benefits or appealing a denied claim, reach out our legal team today to request a free consultation.

Initial Applications and Reconsideration Appeals

The SSA continues to accept and process applications for benefits and reconsideration appeals. You can apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) online or over the phone. You can also use the SSA’s online services to check the status of your claim or appeal.

The agency is extending filing deadlines wherever possible. SSA employees are being told to apply the “good cause policy” to provide maximum flexibility. This policy allows the SSA to extend the time limits for submitting appeals and taking other emergency actions during this pandemic.

If you were asked by the SSA to contact them by a certain date, do not visit your local field office. You can try to call the office, visit the office once it reopens, or mail in your documents. The SSA should follow up with you later.

Although the SSA has not released specific information on how claims are currently being processed, you should expect delays if you have recently filed an initial application or reconsideration. You should also anticipate delays related to medical exams scheduled by the SSA due to social distancing guidelines.

Disability Claims at the Hearing Stage

All in-persons hearing before an Administrative Law Judge are currently cancelled. If you already have a hearing scheduled, this hearing can only be conducted via telephone until standard operations resume.

You can contact your local hearing office by telephone or fax. A hearing office employee or SSA representative will reach out to ahead of time to confirm your availability for a telephone hearing and to make sure that your contact information is correct.

Telephone hearings are not mandatory, but if you choose to wait for an in-person or video hearing, it will be delayed for several months or more. There is currently no set date for when in-person hearings will resume. If you have a valid claim, an Oshkosh Social Security Disability lawyer from our firm is ready to represent you at your hearing and discuss whether you would benefit from a telephone hearing.

Appeals Council and Federal Reviews

Similar to the claims process, the SSA has not released specific information about how the appeals process is being conducted because of coronavirus. The agency has not indicated how or whether these matters are proceeding. You should expect delays as SSA employees continue some work remotely.

Continuing Disability Reviews

The SSA has suspended all Continuing Disability Reviews (CDRs) at this time. These reviews help identify who might no longer qualify as disabled. The agency will not be starting or processing these cases.

If you currently have a CDR pending, you do not have to respond to the review or request medical evidence from your doctor for now. The SSA will follow up with you once standard procedures resume.

Call Our Firm for Immediate Help

At Sigman Janssen, our lawyers are here to help. We do not require a face-to-face meeting. We are ready to assist you with filing an application for disability benefits, submitting a Request for Reconsideration or requesting a hearing before an Administrative Law Judge without leaving the comfort of your home.

Our firm offers a free consultation so that you can learn more about the legal options available to you. You pay us nothing up front for our services. We only get paid if we help you obtain disability benefits.

Trusted. Local. Lawyers. Ph: (877) 888-5201.