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.