Posted on January 27th, 2010 by admin in Uncategorized
Q: Is it necessary to be represented by a social security attorney when you apply for disability benefits?
A: You do not need to be represented by a lawyer to file for social security disability benefits. A fair number of claimants apply on their own and make it through the initial review process without trouble. You may wish to have a social security attorney, however, if you are concerned about getting paperwork in on time or do not understand the process or requirements for making a claim. A fair number of claims are not approved after they go through the first review. By making sure you submit all the required information and forms within deadlines and correctly, your case has the best chance of being reviewed fairly. If you are confident you can do this independent of legal representation, then you may not need a lawyer. Most experts recommend hiring a social security attorney if your initial claim is not approved and you plan to have it reconsidered. If you plan to go through the hearing process after your claim has been reconsidered and was not approved, it is wise to have a lawyer. The majority of claimants who have appealed to have their claim heard before a judge have a lawyer on their side. Going through a hearing will be the final step in determining if you will be approved for disability benefits. The expertise of a social security attorney will be essential to making sure your case goes through the hearing phase properly. Most cases that are approved after a hearing have representation.
Q: Is it better to submit a new application after your disability claim was not approved, or to appeal?
A: It is not recommended that you apply again to have your case initially reviewed. Most initial claims for disability benefits are not approved. Having your claim reconsidered is the appropriate and most beneficial next step. The deadline for filing to have your case reconsidered is 60 days. If you miss that deadline, you will then have to apply again and go through the initial review process. If your initial claim was denied once, it is likely it will be denied again. Once again, you will need to have your claim reconsidered and submit that appeal within the deadline. If you are denied after your case was reconsidered, you will have to move on to the hearing process. By submitting another initial claim, you would have added significant time to your disability claim process. If you have any questions or concerns about meeting deadlines or recommended next steps after your claim was denied, you may wish to contact a social security attorney.
Q: Are you allowed to apply for disability insurance via the web?
A: Submitting your application for disability insurance can be done via the web. Social Security has a section on its web site to help walk you through applying online (www.socialsecurity.gov.)
Posted on January 23rd, 2010 by admin in Uncategorized
Q: How do I handle a Social Security Disability overpayment issue?
A: A social security lawyer will tell you to expect to receive a Notice of Overpayment from the SSA if they feel they have paid you too much. Overpayment happens for many reasons, like letting a change in your lifestyle/earnings go unreported. It can also happen when Social Security does not process your change in status quickly enough, and delays the change in your monthly check.
While you may want to talk to your social security lawyer about your best choice, there are generally three options when you are overpaid. First, if you believe the overpayment is incorrect, you can ask for a reconsideration. This means you will request that the SSA take another look at your case, and perhaps meet with you to speak with them (in which case you may want to speak with a social security lawyer).
Another option is to ask the SSA for a waiver. This means that you acknowledge that you received an overpayment, but cannot pay the amount back. A social security lawyer or advocate will likely suggest this if the overpayment wasn’t your fault. If, however, you believe that the overpayment was your responsibility, you can set up a payment arrangement with the SSA. This allows you to pay back the amount owed in installments. Speak to a social security lawyer for details.
Q: I am considered to be legally blind. Am I eligible for Social Security Disability?
A: A social security lawyer will tell you that, yes, you may in some cases be eligible for benefits. If you are legally blind, you essentially follow the same rules as applicants with other disabilities. The SSA will consider you to be legally blind if your vision cannot be corrected to 20/200 or better in your best eye. Even if you are not “legally” blind, you may be eligible for benefits. If unsure, it is best to talk to your social security lawyer or advocate about qualifying for legal blindness.
The Social Security Administration has set up some special rules to deal with the blind. Because being blind is so debilitating, many legally blind applicants can receive higher benefits than those with other disabilities. In 2008, the monthly earnings limit was $1,570. You may want to speak to a social security lawyer to understand how this affects you.
Q: Do I need to wait a year after the start of my disability to apply for benefits?
A: Here’s the simple answer: no, you don’t. A social security lawyer will tell you that the SSA defines disability as an inability to make a gainful income due to a disability that is either fatal, or has lasted 12 months, or is expected to last at least 12 months. You may take this to mean that you have to wait until you have been disabled a year to apply; but you should not. Your social security lawyer will encourage you to apply on day one.
Posted on January 17th, 2010 by admin in Uncategorized
More Social Security benefits are given to children than to any other social group. Veterans disability lawyer Children are eligible for social security benefits under the account of a parent, step parent, or foster parent that is either disabled or retired (and therefore eligible for Social Security benefits). Children can also be eligible for benefits under the account of their guardian if he or she has died after working and paying enough social security taxes to earn benefits. Social security lawyer.
Children are eligible for Social Security benefits when they are:
• Unmarried,
• Under 18,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or are disabled and over 18 years old, with their disability having begun before age 22.
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Posted on December 10th, 2009 by admin in Uncategorized
Q: Should a claimant submit another social security disability application when he is not approved for benefits after he applies?
A: A claimant should not submit another social security disability application after he does not initially receive approval for benefits. Submitting a new claim is one of the most common mistakes made. The appropriate next step is to file an appeal. The first appeal is to file for reconsideration. The deadline for filing for reconsideration is sixty days after being notified of denial. If your case is not approved after reconsideration, you then file to have it heard before an administrative judge. Having your case heard before an administrative judge offers one last chance to plead your case and allows the judge to comprehensively review your file and all supporting items. If you simply keep filing a new claim that goes through the initial review process, your case never gets to be heard by a judge. By choosing to apply again and start the process over, a claimant unnecessarily waits through the initial review process to likely not receive approval again. You will be back where you started. Following the appropriate next steps in the process and choosing to appeal your claim will improve your chances of being awarded benefits.
Q: Do you hurt your chances of being approved for social security disability benefits, if you do not take the medication prescribed to you by your doctor?
A: You will weaken your case when applying for social security disability when you choose to not follow recommended prescription regiments. A disability examiner or judge may view your refusal to take medication as evidence that you do not need the medication because your condition does not hamper your ability to function or work. More importantly, it is difficult to determine the severity of your particularly case if you are not following prescribed treatments. To assure that a sound decision can be reached regarding your case, make sure you take all prescriptions and adhere to regiments recommended by your physician.
Q: When should you apply for social security disability?
A: A decision may be rendered on some disability cases after only a couple months, while other may take years. For that reason, you should submit your application as soon as your injury prevents you from working and you believe you will be unable to work for at least 12 months. Do not wait. Contact Social Security as soon as possible to minimize wait time. Do not delay seeking a social security lawyer, if you wish to have legal counsel during the process.
Posted on December 2nd, 2009 by admin in Uncategorized
For people who can no longer work because of a disability or who get injured at work, we have a financial provision for them in the U.S. Social Security Disability payments are paid to people because of this financial provision.
To be eligible for Social Security Disability an individual must have a disability that becomes the main reason why they can no longer work and earn an income. Not only that, but the person must have been fully insured at the time they became disabled. To be fully insured means that they must have been working for long enough and depositing money for this insurance into the Social Security system to qualify.
Social Security Disability benefits are not like regular social security benefits. You must have been employed for at least a continuous 12 months before your disability to be eligible too.
When a person is disabled and their eligibility is decided they can begin receiving monthly payments from the social security office. The Social Security Disability claim must first be approved of by the Social Security Administrator or by an Administrative Law Judge. After the claim is approved the claimant must wait 5 months before payments begin.
Children of people who are eligible for social security benefits can receive benefits also. Spouses of people who are getting social security disability benefits can also receive benefits in certain instances. For instance, if the spouse is over 62 years old they are eligible. Being a spouse of any age and one who is taking care of a child under the age of 16 is another acceptable qualification for the spouse to also receive social security disability benefits. Children who are under the age of 18 and who are still going to high school can also receive social security benefits if their parent is disabled.Any child that becomes disabled before the age of 22 is also eligible to receive social security benefits no matter if they were working or not. Unlike social security retirement benefits, a divorced spouse does not become eligible for social security benefits once a former spouse becomes disabled.Also, you can be disqualified if you do not know how to fill out the disability claim form correctly.
Q: I recently applied for social security disability benefits and was told I needed to undergo another medical exam. Is this common?
A: It is common for Social Security to request that applicants for disability undergo another medical exam. The exam is called a consultative exam, or CE. The representative assigned to your file asks for the consultative examination. The administrative judge for your appeal can also call for the CE. The consultative exam most often serves one of two purposes. If you have not had an exam recently, a CE will provide updated information. If the details on your medical records are old, the disability examiner assigned to your file will not be able to make a sound decision. The second reason would be because your medical files are not complete. For example, you may not have a recent test that might be necessary to determine the status of your injury. A request for a CE does not mean that your application is heading toward denial. It is an indication, however, that more details on your medical condition are required in order to rule on your application. If one is requested, you will have to participate in the CE. If you have any questions or concerns about your particular CE, you many wish to contact a social security lawyer.
Q: Do I need to hire a social security lawyer if my initial application for disability through Social Security was denied?
A: If your application for disability was denied, you should appeal and it is wise to hire a social security lawyer to help with the process. A large number of cases initially reviewed by the Social Security Administration are not approved. Just because a case is denied, does not mean it cannot win in appeal. Some applications are not approved because of incomplete data or missteps in the application process. A social security lawyer knows the hearing process well, will make sure your file has all the required information and that it is fairly reconsidered. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.
Q: After I apply for disability, do I need to check the status of my application?
A: You should check up on your case. Your social security lawyer (if applicable) can also check your application status. In some cases, paperwork can be misplaced. In other cases, notice of approval or denial of an application may never reach the applicant. Your case goes through a lot of steps in the review process. Without knowing it, your file may not be able to go to a next step because you were not aware of information that was needed. It is always wise to check the status of your file from time to time. To check on the status, it is best to contact the disability examiner assigned to your case. On average, a decision on a case will be rendered within a few months. If it has been longer than that for you, contact your disability examiner.
Q: When will your social security benefits payments stop?
A: Your benefits should continue as long as your injury or condition still prevents you from working. There are several reasons Social Security may decide that you no longer qualify for disability. Your file will be reviewed from time to time to make sure it contains all current information and any changes to your injury or ability to work. These reviews can take place from every six months to every seven years, depending on the type of disability you have and the expectation of your recovery. During one of those reviews, it may be determined that your injury or ability to work no longer qualifies as a disability.
The SSA may also consider you no longer disabled if too much time has passed without your having seen a doctor. Remember, qualification for social security benefits is heavily dependant on documentation. If you do not have the proper documentation of your disability, your benefits may suffer. You may also be considered no longer disabled if you have returned to work and are earning at a “substantial” level. If your benefits have been discontinued and you do not agree with the decision, it would be wise to consult with an attorney specializing in social security issues.
Q: Are there benefits to help care for a disabled wife or husband?
A: Not usually. Social security benefits can be awarded to a spouse of someone eligible for benefits, but there are firm guidelines. Normally, benefits are not offered unless the caregiving spouse is responsible for the care of a dependent under 16 (or disabled) child.
Other aid programs and assistance for caregivers can be obtained, though. Most of these, such as Medicaid, require you to meet certain qualifications and complete training. If you have any questions or concerns about caregiver benefits, it may be helpful to speak with a social security attorney.
Q: The VA found me disabled. Will the SSA come to the same conclusion?
A: Not necessarily. The VA and the SSA work with completely different systems in determining disability. While the VA may consider you fully or partially disabled, that may not translate to qualifying for social security benefits. It is true, however, that proof that you are considered fully disabled by the VA may help with your social security benefits application. The help of a social security attorney may be beneficial to help you through the process.
Posted on October 30th, 2009 by admin in Uncategorized
Q: Who can submit an application for disability through Social Security?
A: If you have a condition that affects your mental or physical health to such a degree that you will not be able to be employed for 12 months or more, you can submit an application for disability through Social Security. A person can also submit an application, if he can still be employed in some fashion but will have an income below what the Social Security Administration calls “substantial gainful activity” (currently just below $1000 pre tax monthly). You will not be eligible if your income will be above the SSA limit or your condition will not keep you from working for at least a year. If you have any questions about eligibility for your particular situation, you may wish to consult a social security attorney.
Q: If your doctor is not supportive of your decision to apply for disability, should you find a new one?
A: One of the biggest things that can affect the likelihood that you will be awarded disability benefits is the statement your doctor will provide on your behalf. If your physician is not willing to provide a statement or does not believe you should be submitting an application for benefits, it will be extremely damaging to your case. Your physician knows your symptoms, treatments and outlook better than any other agent. It is also necessary that the disability examiner at Social Security has current and thorough records of your injury or condition. Having a cooperative physician will assure that you will not hit any snags when trying to obtain copies of your records. If your doctor is not on your side, it would be wise to find another who is. It may be helpful to contact a social security attorney if you believe you do not have the resources to seek medical treatment with a different doctor, or do not know where to start.
Q: If you have hired a social security attorney, how is he paid?
A: A social security attorney does not collect payment for your case unless you are awarded disability benefits. The majority of cases are not approved after the initial review process and must eventually go on to be heard before an administrative judge. By that time, retroactive benefits are most always due. Your social security attorney will be paid directly from Social Security when you receive your retroactive benefits. Your attorney is entitled to 25 percent of your total retroactive benefits payment.
Posted on October 28th, 2009 by admin in Uncategorized
Q: Should you have a social security lawyer if your disability claim was denied?
A: Having your case reconsidered is your next option if you were not approved for disability after the initial review process. Having a social security lawyer on your side as you undergo reconsideration can be extremely beneficial, especially if you are once again denied. You will need to submit all the required paperwork within 60 days of when your claim was denied. If you do not submit the paperwork in that timeframe, you will likely have to start the application process all over again. Most claims are denied during the initial review process. Many cases are actually not approved until they have been through a hearing. But your case must be denied an appeal to be reconsidered before you can ask for a hearing. That is why it is so crucial that you meet the deadline for reconsideration. As previously mentioned, a social security lawyer can be a tremendous help, as your claim navigates both the reconsideration and hearing processes.
Q: How long will it take until a hearing is scheduled for a social security disability case?
A: The time it can take to schedule a hearing once it has been requested can vary greatly. It can take a year or two until a hearing is scheduled. The time it takes to schedule a hearing varies from state to state and is affected by the number of claims that are currently in the hearing process. Make sure you make a hearing appeal as soon as you receive notification that your appeal for reconsideration was denied. If you do not already have a social security lawyer, it would be wise to seek one to represent your case during the hearing. A social security lawyer will make sure that your claim is handled fairly and adjudicated correctly.
Q: Do social security disability claimants receive any status updates, while waiting for a hearing to be scheduled?
A: A claimant does not often receive much communication while he is waiting for a hearing to be scheduled. Notification will usually be received to acknowledge the hearing appeal, when a hearing date has been set and when a decision has been made after the hearing. Claimants in some states may also receive an exhibit list, which provides details of everything in your file. If you have concerns about the status of your claim, contact a social security lawyer.
Posted on September 25th, 2009 by admin in Uncategorized
Social Security Benefits: Your Questions about Social Security Credits
Q: According to Social Security, I haven’t obtained enough credits to be eligible for benefits. What are Social Security credits, and how can I not have enough of them when I’ve worked and paid taxes for years?
A: Credits that go towards qualifying you for benefits from Social Security are earned by working and paying your Social Security taxes. The Social Security service bases the number of credits a person receives on the amount of money they earn and the amount of time they have worked. The necessary income level for receiving social security benefits credits rises a bit each year; as of 2008, you receive one credit for every $1,050 you earn. You can receive a maximum of four credits annually (which is why credits are also called ‘quarters’), and any credits you earn will remain on your record even during periods in which you’re not working.
A certain number of credits or quarters are required in order to qualify you to receive social security benefits. The number of credits you need for social security is based on your current age, and is calculated by the number of years you have worked. If you’re looking to be eligible for social security benefits for retirement (and are of more than 62 years of age), you will need to have 40 credits (the equivalent of 10 years of work).
It does occur, however, that a person of retirement age who has worked for what seems to be the correct number of years does not have enough credits to qualify him or her for social security benefits. This occurs to workers who, during their working careers, did not (or do not) have social security taxes taken out of their wages. This situation mostly occurs among Federal employees hired before 1984, railroad employees with ten years or more of service, and state and local government employees whose employers do not participate in social security.