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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.
The Social Security Administration provides more benefits to children than to any other group. Children can receive social security benefits under the account of a guardian (that is, a parent, step parent, or foster parent), that is either disabled or eligible for Social Security due to retirement. They are also eligible if said guardian has died after paying social security taxes a long enough period to qualify their survivors for benefits.
Children can receive benefits if they are:
• Single,
• Less than 18 years old,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or, over the age of 18 and disabled before the age of 22.
Q: But, will my children receive social security benefits even if they do not live with me?
If your children do not live with you, their ability to obtain benefits will depend on the specific relationship you share with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. A child is automatically considered financially dependent on you, regardless of where he or she resides, in the following cases:
• He or she is your legitimate child
• The child is your legally adopted child
• The child is your natural, recognized, but unlegitimized child, and either a court has made a determination of support, or you regularly contribute financially to support the child.
If you have a recognized, illegitimate child who does not reside in your home, and for whom a judge has not made an official determination of support, you can give evidence of that child’s financial dependence upon you by providing:
• Paperwork showing that your child is qualifies as your dependant in other state and federal programs
• Old W2s and other tax forms showing that you claimed your child as a dependent
• Records that you made periodic payments for the child
• Additional related proofs
In the case of a stepchild, however, the child is considered financially dependent on you (and therefore eligible for benefits) only if he or she lives with you in a parent child relationship. Generally, your spouse’s legitimate natural child, legally adopted child, or illegitimate natural child will be considered a step child. This step child will remain eligible for benefits after the death of or divorce from their natural parent (your spouse), as long as the child continues to live with you in a regular parent and child relationship.
In any of the above cases, you can provide proof of your relationship to your child. If you choose, you can also provide proof that you do not live with or contribute financially to the support of your child. If you do this, you child will not be entitled to social security benefits under your account.
Do you qualify for social security benefits? Picking through the convoluted regulations can be deeply frustrating, and when you are done, you may have no better idea than before whether you qualify for benefits. These frequently asked questions will clarify which disability benefits you are eligible for, and how far your benefits will stretch.
Can I get partial disability through SSA?
No, people with partial or short term disabilities are not eligible for disability benefits through Social Security. You are eligible for social security benefits only if you are deemed completely disabled and your disability is likely to last a year or more. (Note that you may continue working while collecting disability benefits if your highest possible income is beneath a certain level.)
I am able to work, but not at the level I used to, nor can I earn the same money I used to. Am I still eligible for social security benefits?
Yes, you can file for disability benefits if you are making less than a certain amount per month, averaged over a full year. Social Security changes the maximum income level yearly. You can find the current limit in the official SSA web site or in official SSA booklets.
However, your current income is not the only number the state agency will consider when evaluating your case. If you are capable of earning a higher income by changing to another job, you will not be approved for disability benefits. The state agency will take into account your medical condition, education, skills, work experience, and age when determining whether you could move to another job, so you will not be required to do work that you are not well enough to do or that you have not been trained to do.
My doctors say there is no treatment that can help me, so why do I have to keep going to doctors?
In the beginning, the state agency that handles your social security benefits will request that you go to doctors several times in order to get a complete evaluation of your medical condition. Your regular doctors may not be able to perform necessary tests or have equipment that is necessary to evaluate you, so you may need to visit another doctor to complete the evaluation. In that case, the state agency may arrange for you to be examined by another doctor.
Once you are determined to be disabled, you will need regular examinations to determine the progress of your medical condition. Because not all disabling medical conditions are permanent, your health may improve enough for you to work even without active medical care.
Q: How long does a typical social security disability benefits claim take?
A: There are no deadlines within which the Social Security Administration has to process an application for social security disability insurance. Some cases take years to receive a decision. Decisions on other cases can be made within months. The norm for a social security disability case being reviewed for the first time is about ninety days. Numerous things can lengthen the duration for a decision on your particular case.Although you cannot control how long it takes for your social security disability claim to be processed, you can assure that certain factors will not delay it. The number one reason cases are held up is due to a wait for medical records. It is important, therefore, to assure that your complete medical records have been sent to the disability examiner handling your case. If a consultative exam is requested, make sure you do it. Contact your case manager if you need to cancel or postpone an appointment. A decision cannot be made regarding your claim, if the representative handling your application does not have thorough or updated information about your injury. Always confirm that your case manager has updated information regarding your address and phone numbers. And do not ignore notifications or informational requirements sent to you by social security. It is important to cooperate when your social security disability case is being reviewed. Lastly, it is smart to touch base with the disability manager handling your case from time to time to check the status of your file.
Q: Do you have to wait 5 months before you apply for social security disability benefits?
A: You should apply for social security disability benefits as soon as you become injured and know that your condition will prevent you from working for at least 12 months. You do not have to wait a certain period of time before you submit an application. The review process for a claim can be lengthy, so it is best to apply as soon as possible. There is a required waiting time of five months after the onset date of your injury before you can receive your first benefits check, but there is no waiting period for applying.
Q: Are you allowed to work part time when you are waiting for a decision regarding social security disability insurance?
A: You are allowed to be employed and receive social security disability benefits. The factor that influences your eligibility for benefits is not the employment itself, but how much income you make. If you make more than the SGA amount, you will not be eligible for benefits. The SGA limit for 2008 was $940 per month before taxes.
Many people that apply for Social Security benefits take on the entire task by themselves, although hiring a Social Security lawyer can make the process easier and simpler. Since errors made at the start of the application process results are a common occurrence, many claims for disability benefits are often denied. Fortunately, a qualified Social Security lawyer can help you appeal your case, which can result in a reversal of the decision to deny your application.
How long will it take before you are covered for Medicare?
Most people who are already receiving Social Security disability benefits will receive Medicare coverage automatically. Information about your Medicare benefits and your Medicare card will be sent to you shortly before you reach the age of 65 or before your 24th month of disability. In some cases, you may not be enrolled automatically in the Medicare program, particularly if you are not currently receiving any Social Security benefits. You will then have to arrange for an appointment with the Social Security Administration. Upon the processing of your application, the Social Security office will then determine if you are eligible for the Medicare program.
What if I lack one or more credits for disability insurance?
The Social Security Disability Insurance program requires applicants to have a certain number of credits that they have earned during a certain period, as well as a certain amount in earnings ten years before being disabled. Credits are earned every quarter of the calendar year. According to Social Security regulations, you should have earned a specified amount in dollars during a quarter. To be eligible for Social Security Disability Insurance, applicants need to have credits equivalent to at least 20 quarters or 5 years’ worth, over the past 40 quarters or the ten years previous to becoming disabled.
Working while applying for Social Security
Many people seem to think that they are not allowed to file for Social Security disability benefits while they are currently working. The truth is, you are allowed to file a disability claim and receive benefits while you are presently working. Keep in mind however that your monthly income cannot be higher than your SGA or substantial gainful activity amount, which is $900.00. This is because the Social Security Administration does not considers applicants that are able to earn this amount disabled.
Q: When should I expect to actually start receiving benefits payments for SSDI?
A: 5 months after your condition began, you can begin to collect SSDI payments. You will really begin receiving payments the sixth month after the onset date of injury, since benefits are paid a month after they are due. If you have been awarded retroactive benefits, most claimants receive those payments in about 60 days. Please note that you will not be given backpay for the 5 month waiting period after your onset date. A social security lawyer can be of valuable assistance, if you wish to apply for retroactive benefits or have not yet received your anticipated first benefits check after your 5 month waiting period.
Q: Will your dependents also receive disability payments?
A: Yes, your dependents might qualify for disability benefits too. If your child is less than 18 years of age and is not married, he can qualify. Your children will qualify for benefits until age 19, if they are still students. Your spouse may qualify if he is over age 61. Your spouse might qualify, regardless of age, if he is supporting your children who are 16 or younger. The amount of benefits your qualified family members receive may be as much as half of the monthly payment amount to which you are entitled. Contact a social security lawyer, if you have any concerns about eligibility or applying for disability benefits for any of your family members.
Q: When you are currently receiving social security disability payments and your file is reviewed, what does it mean?
A: Social Security conducts regular reviews of all disability cases that were awarded benefits. When your claim is approved, a review schedule is set and is dependent upon the particular details of your condition. Your file should normally be reviewed a year after you are awarded benefits, then the third and seventh years after. Many state social security agencies have a bit of a review logjam right now, which means that many reviews are not happening on the one, three, seven year timeline. Because of that, you should be ready for a review at any time. Your file is reviewed periodically to assure that the most recent details about your condition are noted. Disability examiners are interested in determining whether your injury has improved, worsened or remains the same. If you are concerned about the results of a recent review of your file, it may be wise to seek the counsel of a social security lawyer. The experience and knowledge of a social security lawyer can be invaluable, if you are worried about losing social security disability benefits due to changes in your condition or employment.
Financial dependability (and eligibility for social security benefits) of a stepchild, on the other hand, will only determined when that child lives with you and shares with you a parent and child relationship. Generally, your spouse’s legitimate natural child, legally adopted child, or illegitimate natural child will be considered a step child. a great page to read.. This step child will remain eligible for benefits after the death of or divorce from their natural parent (your spouse), as long as the child continues to live with you in a regular parent and child relationship.
In any of the above child parent relationships, you can give evidence of the status of your relationship with your child. Orlando social security lawyer In addition, you can also decide to give evidence that you do not live in a parent child relationship with the child; that is, you neither live with the child nor support him or her financially. This will make the child ineligible for benefits.
