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.
Click..