Eric Buchanan &
Associates, PLLC

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Articles
Attorney Fees under ERISA

Disability Claims Administered by the SSA

EAJA Fees in Social Security Cases

ERISA 502(c) Actions

ERISA Subrogation

How to Tell if an Insurance Claim is Preempted by ERISA

Levels of Appeal for Social Security Cases

Sequential Evaluation Process

Worker's Compensation Offset


Eric Buchanan & Associates, PLLC

414 McCallie  Chattanooga, TN 37402

1-877-634-2506 (423) 634-2506

Eric Buchanan, Donna Green, and Scott Wilson are Certified as Social Security Disability Specialists by the Tennessee Commission on Continuing Legal Education and Specialization.

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Disability Insurance Attorney


Disability Claims Administered by the Social Security Administration


Eric Buchanan, Attorney at Law
 
  • SSI (Supplemental Security Income) - For individuals under age 65 who become disabled. Claimants must meet certain poverty requirements before their claim will be considered (i.e., no more than $2000 in assets for individuals, $3000 for couples, excluding the home where they live and necessary cars, etc.) Benefits are adjusted for income. Individuals eligible for SSI also get Medicaid.

  • Children's SSI - Families with disabled children that meet certain poverty requirements; if they do, a child may receive SSI if he or she is disabled. The test for whether or not a child is disabled is different, and usually harder to meet, than for adults.

  • DIWC (Disabled Insured Worker's Claim) - Disability program for adults who have worked enough to have "insured status" under the Social Security System. For disability, a worker must have worked above a minimum amount 5 out of the last 10 years (as measured in quarters of years). A person does not have to file before their work credits run out, but he or she must be found disabled before the work credits run out. Individuals who are eligible for insured disability benefits get Medicare.

  • DIWW (Disabled Insured Widow's/Widower's Claim) - An individual must be 50 years old, be found disabled, and have been married to a person who was insured when that person died. The widow/widower must also become disabled within 7 years of their spouses death. There are special rules when the spouse draws benefits on behalf of children that extends the 7 years, so it does not start until the children are grown. If a prior divorced spouse dies, the disabled person must have been married to the deceased spouse seven years. If the Widow/Widower is 60 or over, and meets the other requirements, then he or she does not have to be found disabled.

  • DAC (Disabled Adult Child) - A child of an insured worker can draw benefits if he or she is found disabled before age 22 (or found to have become disabled before age 22 if the or she applies later). The child's parent must have died while insured or become disabled and drawing insured status. A DAC who is drawing benefits will lose them if he or she gets married to someone other than another person drawing insured disability benefits.

  • SSDC (Supplemental Security Disability Claim) - This is not a separate type of claim, but it is the name of the type of claim for an individual worker who is both insured and meets the poverty requirements for SSI.

Eric Buchanan, Donna Green, and Scott Wilson are Certified as Social Security Disability Specialists by the Tennessee Commission on Continuing Legal Education and Specialization.

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