When Will a Social Security Attorney Receive Payment?
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.
If your child is less than 18 years of age and is not married, he can qualify. If your child is a student, he is eligible until he turns 19. If your husband or wife is 62 or older, he or she might be eligible for benefits. At any age your husband or wife may be eligible if he or she is providing financial support to your children that are under the age of 17. The payments your eligible dependents can get each month may be up to 50 percent of your benefits rate.