Social security lawyer

Q: How long will I have to wait to receive Medicare coverage?

A: If you talk to a social security lawyer, he or she will talk about Medicare for retired persons as fairly simple. Those that are 65 or older will normally be eligible for Medicare coverage if they’ve worked for ten years or more in a Medicare covered position. Even if you are under 65, it is possible to be eligible for Medicare coverage if you suffer from a disability. But you may want to talk to a social security lawyer about some of the complications involved in getting Medicare due to disability.

If you don’t talk to a social security lawyer or advocate when your disability first presents itself, you may not know that you will have to wait 24 months for Medicare coverage. This is a two year waiting period that starts when your disability begins. To be eligible for Medicare due to a disability, you must also quality for Social Security Disability benefits. Unfortunately, the combination of the waiting periods for both social security disability and Medicare coverage can make for a very long Medicare wait. You may want to talk to a social security lawyer for a better idea of the time frame.

Q: According to the Social Security Administration, I am one credit short of the number I need to be eligible for benefits. What should I do?

A: Social Security Disability eligibility is a complex system (which is why it’s a good idea to work with a social security lawyer). In order to qualify as “insured” under SSD, most adults need to have earned 20 credits during the last ten years (counting towards your total number of working credits). This 10 year rolling period should end when the SSA deems your disability to have started.

Unfortunately, due to the combination of rules requiring a certain number of credits for people of a certain age, and a certain number of those credits earned in the last 10 years, not meeting the credit requirements is easy. A social security lawyer will tell you that this often happens when an applicant simply hasn’t worked enough. Unfortuantely, though, it can also happen when you’ve waited too long to apply for SSD, or when a judge has decided to change your disability’s official onset date. If this happens, your first step should be to consult a social security lawyer or advocate to find out your options.

Q: If I have an SSD claim pending, can I still work?

A: Your social security lawyer will describe disability that is eligible for benefits as any that keeps you from earning a substantial income. This doesn’t necessarily mean, though, that you cannot work at all. If the amount you earn falls below the income limit for “substantial gainful activity,” it may not affect your claim. Talk to a social security lawyer or advocate for details.

Q: Will your disability claim be reviewed more quickly if it is represented by a social security attorney?

A: Your case will not necessarily move through the review process any quicker with a lawyer than it would without one. But the likelihood that your claim will be awarded benefits can increase if it is represented by a social security attorney. Some cases are approved after the initial review process. But most claimants will be denied benefits after the initial review process and will then wish to move onto the next step in the process. Appealing for reconsideration is the next course of action. Most cases are denied again after being reconsidered and will then move on to be heard before an administrative judge. A social security attorney will be a tremendous asset during a hearing. The knowledge and expertise provided by an attorney who deals with disability cases regularly will assure that your case will be adjudicated fairly and properly. You do not need to be represented by a lawyer to go through the hearing phase. The majority of cases that win, however, have been represented by an attorney. A lawyer will make sure that your case is given the best chance it can to be awarded benefits, but he cannot necessarily speed up the process. The outcome that matters most is being approved for benefits, not how fast your case was reviewed.

Q: Do you have to have a social security attorney that lives in your town?

A: The lawyer you hire is not required to be local. Many attorneys handle cases all over their states and will drive to meet their clients. Your time would be better spent on locating a social security attorney that has the expertise and institutional knowledge you feel would best suit your needs, than on locating one who is geographically near you.

Q: If you are awarded disability benefits after a hearing, when do you actually see your first check?

A: Although you had to meet some required timelines when you filed various forms during the claims process, the SSA does not have any timelines for your payments to begin. That being said, the majority of people receive their first benefits check within 60 days after they were approved. Retroactive benefits may take a bit longer.

Q: The SSA says they have paid me more money than they should have. What should I do next?

A: Any social security lawyer will tell you that you have a few different options when you are told that you have been overpaid. The first thing you can do is request a reconsideration from Social Security. This is generally what you should do if you believe that the SSA is incorrect in defining you as overpaid. When requesting a reconsideration, you are essentially asking the SSA to give your file another look. You may be required to meet with an SSA representative, in which case it is a good idea to bring a social security lawyer or advocate with you.

If you agree with Social Security that your overpayment status is legitimate, you can ask for a waiver. When you request a payment waiver, you acknowledge that you were given too much money, but would like to be exempt from paying it back. This is the course of action a social security lawyer might suggest if the overpayment was due to Social Security’s mistake, not yours.

If, on the other hand, you believe that you were overpaid due to your own mistake, you will probably need to pay the money back. A social security lawyer will tell you that your best option is to speak to the SSA about scheduling payments. With a schedule, you can pay bit by bit instead of all at once. Don’t know whether to choose the first, second, or third option? Speak to a social security lawyer.

Q: Is somebody who is legally blind eligible for Social Security Disability?

A: According to Social Security, “legally blind” means your vision cannot be corrected to more than 20/200. And like other disabilities, those who are legally blind may be eligible for social security disability. While you may want to speak with a social security lawyer about your specific case, in general you can look over the guidelines for eligibility under any other disability to determine whether you may be eligible.

In general, the legally blind are treated by Social Security in the exact same way as other disable persons. But because their disability is so severe, the legally blind can also get some extra benefits. If you are legally blind, you may want to speak to a social security lawyer about any extra benefits you may be eligible for.

Q: I’ve heard I can’t file for Social Security for 12 months after my disability. Is this really true?

A: No, this is not true. The SSA defines a SSD eligible disability as one that keeps you from earning a substantial gainful income. That disability must also be expected to be fatal or to last at least 12 months. Those that don’t work with a social security lawyer often take this to mean they have to wait until they’ve been disabled 12 months to apply. In fact, however, your social security lawyer or advocate would tell you to apply immediately after your disability begins.

While it is possible for somebody who is not yet 50 years of age to obtain Social Security disability benefits, it is quite a bit more complicated than for somebody who is over 50 years of age. For those that are younger than 50, obtaining disability benefits is dependant on their ability to prove that there is no work they are currently able to do. For somebody over 50, on the other hand, the only proof they need to provide is that they are no longer able to have the same vocation they did during the last fifteen years.

Those people who do not have medical insurance of their own can visit Social Security doctors for evaluation. Their doctors are not there to help you but to evaluate your case in a quick and methodical fashion. Because of this, having a record of treatment from independent (non Social Security) doctors is generally the best way to provide proof of your disability. Doctors that know you and know what you are going through.

If, however, you have no access to medical insurance, you have two different options for obtaining care. Your local county clinic and vocational rehabilitation. County clinics are there for people who do not have medical insurance. When you first contact these clinics you should not immediately tell them of your medical problems. Why? Because underfunded county clinics often turn away those with complex medical problems, insisting that they do not have enough money to treat you. They may decide to turn you away before you even get to see a doctor. You just simply them that you do not have medical insurance and you need a primary doctor. Do not tell them anything more. Then, when you get in to see the doctor, you can provide details about your condition and concerns. Often times, they will send you to specialists for your conditions and pay for it.

The Vocational Rehabilitation Program, is a state funded program designed to help people be trained to do some type of work. But before they send you to work, they will look at your existing medical records from previous medical providers and they will also send you to their doctors. They will pay for doctor visits, medications, tests and even surgeries and/or procedures, if warranted. At the end, they will make a determination as to whether they feel you can or cannot work. If at the end of the decision process the program determines you unable to work, they will then send you over to Social Security to apply for benefits. Having this happen can be really boost your Social Security disability claim, as a government vocational program has already determined you to be unfit to work. And as a “bonus,” you have also received the treatments and medicines you needed without having to pay a penny. On the other hand if they believe that you can work then they will train you and help you find a job. The records from the doctors that vocational rehabilitation sent you to can also be used as evidence in support of your claim for disability benefits.

The truth is, it is incredibly difficult to get Social Security disability benefits if you are under 50 unless you have received medical treatment outside of Social Security. Because of this, if you are looking to apply for Social Security disability, it is important to start the process by seeking medical treatment for your condition immediately.

Q: Who qualifies for social security benefits when on disability?

A: To receive social security benefits due to an injury, you must meet some requirements. You must have been working and insured at the time of your injury. You must have been employed for five out of the previous ten years as a mimimum. It is required that your job was covered by Social Security. To be eligible for disability and receive social security benefits, you cannot be older than the Social Security Retirement age. Lastly, you must demonstrate that your injury will not allow you to work for at least a year. The Social Security Administration does not extend benefits to individuals with partial or short term disabilities.

Q: When will social security benefits stop?

A: Social security benefits will continue until a person no longer suffers from the medical condition that made him unable to work. The payments would end the second month after the injury is no longer present. Social security benefits would also end if a person reaches retirement age and is eligible for retirement benefits. Disability benefits would be converted to retirement benefits. Your file will be evaluated regularly in order to verify the status of your injury. You do not, however, need to reapply for disability benefits, if the status of your injury and employment has not changed.

If a person has been notified of approval, when will he receive his first payment for social security benefits?

A: A person must be out of the workforce due to the medical condition for a minimum of five months before social security benefits can begin. Payments will usually begin the sixth month. If you are still awaiting initial approval, it is difficult to predict when you will receive notice of a decision. How long it takes to receive requested medical records is what dictates the length of processing time in most cases. The disability examiner cannot make a decision about your case until he has reviewed your medical records. In most cases, the application review process takes three or four months.

Applying for disability with the Social Security Administration can be confusing and challenging. Educating yourself about the process is wise, regardless if you plan to hire a social security lawyer or do it yourself. Some common questions about filing for disability through the Social Security Administration are included below.

Q: Am I eligible to receive Social Security disability benefits, if I currently receive workers compensation benefits?

A: If you receive workers compensation benefits, you are still eligible to receive Social Security Disability benefits. You can collect both workers compensation and Social Security Disability benefits, up to a maximum of 80 percent of your highest annual income average. Your 80 percent limit may be higher or lower than that of someone else, since the annual earning history of one person differs from that of another. That means one worker may have a high enough cap to collect full benefits, while another may not. If your combined workers compensation and social security benefits exceed that 80 percent maximum, your social security benefits will be reduced to meet that limit. Say that your monthly average income was $5000, your 80 percent maximum monthly cap would be $4000. You may be eligible for $2500 per month in Social Security Disability, but already receive $2500 each month in workers compensation. Your Social Security benefits would be reduced to $1500 to meet your cap of $4000.

If there are any changes to the amount of workers compensation benefits you receive or if you receive them as one large payment per year, please contact the Social Security Administration or get help from a social security lawyer. Any changes to your workers compensation can affect your social security benefits.

Q: Will my assets affect my receiving SS benefits?

A: Your assets should not affect your Social Security Disability benefits. Disability benefits are contingent upon what you put into Social Security when you were working and the duration of your tenure in the workforce. It is a benefit that is earned. Your assets, therefore, should not affect your benefits. If, however, you are applying for the Supplemental Security Income (SSI) program, your assets will affect those benefits. SSI benefits are awarded based on need, so any income and assets you have must be considered.

A social security lawyer may be a good resource, if you are unclear about the affect your particular assets may have on your SSD or SSI benefits.

Q: Is it a requirement for me to see one of the Social Security doctors?

A: Not in all cases. The disability examiner for your case may not feel he has enough background on your case and wishes for you to undergo a consultative exam (CE.) Perhaps the examiner needs a more recent exam than what was provided in your medical history. The doctor performing your consultative examination does so simply to provide the most current medical information about your case. The CE will be looked at in concert with your other medical records. The Social Security Administration will pay for your CE. Contact your case representative, if you feel you should not have to go through another exam. If you are confused about next steps to take, you may wish to contact a social security lawyer.

At last, you have finally reached the age at which it is time for you to begin considering applying for social security retirement benefits; but there are so many different rules and stipulations that it can be somewhat confusing to prospective retirees. However, there is no need to wade through numerous pages to get an understanding of the social security benefits you are entitled to. The following primer will help you decipher basic rules and guidelines for applying. Also Try.

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Q: Who qualifies for social security benefits through the disability insurance program?

A: You are eligible to apply for social security benefits, if your injury will not allow you to work for 12 months or more. The condition can be mental or physical in nature. For your application for social security benefits to be approved, you cannot earn more than the limit set for such benefits. That limit right now is anything below $940 monthly pre tax. It also must be demonstrated that you cannot take on some other kind of employment. To determine “other work” eligibility, Social Security considers your education, age and the type of employment you had prior to your injury.

Q: Do disability social security benefits have a time limit?

A: You will collect social security benefits unless one of three things happen. Your social security benefits will be suspended, if your injury resolves completely or enough for you to become a part of the workforce again. Some people decide they would rather not depend on social security benefits and take on regular employment in a different type of work. Benefits would no longer continue in that case. The last scenario in which social security benefits would no longer continue would be if you reach retirement age. In that case, you would then begin receiving retirement benefits instead. Your file will be reevaluated from time to time. It is expected that you inform your case manager, should your injury improve or if you return to work.

Q: After I apply for social security benefits, how long does it take to be notified of a decision?

A: The standard estimate for a decision to be made regarding a social security benefits application is just under 4 months. That being said, it is very difficult to predict how long your particular case will take. Some claims for social security benefits can be awarded in as little as a month. And a decision may not be made on others for a couple years. To improve the chances that your application for social security benefits will not be delayed, make sure you have provided all the required information and filled out paperwork correctly. Most cases get hung up because the claims representative is waiting for current and complete medical information. A lawyer who specializes in social security benefits can be invaluable, if you have any concerns about the length of time your claim is taking.

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. The person must also be able to prove that they were insured for disability at the time they became disabled. Being fully insured means that you were working for a minimum number of quarters and paying into the Social Security system when you became disabled.
Social Security Disability benefits are not like regular social security benefits. You must also be employed for a continued period of 12 months before you are injured or become ill to be eligible also.

People who are deemed disabled and eligible for social security disability will receive monthly payments just like they were getting social security retirement benefits. An Administrative Law judge or a Social Security Administrator are the ones who approve or disapprove social security claims. 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.However, when a child under the age of 22 becomes disabled and was not working, they are still eligible for social security benefits. Someone who gets a divorce and later their ex spouse becomes disabled, is not eligible for social security disability benefits like one who is divorced is eligible for social security retirement benefits.Also, you can be disqualified if you do not know how to fill out the disability claim form correctly.

Q: Can you appeal further if you are still not awarded social security disability benefits when your case is heard by an administrative judge?

A: A claimant who is denied after a hearing can file another appeal. You can submit a request to have the Social Security Council of Appeals conduct a review of your claim. After you file to have your claim reviewed, one of three outcomes will occur. If the Appeals Council agrees with the hearing verdict, it will not grant any further review. The council may return the claim to the hearing office to have another hearing conducted, if it believes it warrants another examination. The third outcome for your social security disability case could be a review and new verdict decided upon solely by the Appeals Council. A claimant who is not awarded benefits after an Appeals Council review, may bring a lawsuit through the Federal district courts. The majority of claimants whose cases are heard before an administrative judge have a social security disability lawyer on their side. Those who were not represented by an attorney when their claims went through the hearing would be wise to contact one before any request for review is filed.

Q: What is the typical amount of time it takes for you to hear whether your application for social security disability benefits was approved or denied?

A: The average wait time after an initial application for social security disability is anywhere from 3 to 6 months. That being said, many cases take longer. The main thing that stalls claims in the initial review process is a wait for medical records. A lot of social security disability applications are not approved when they are initially reviewed. The next step for those cases is to file for reconsideration. If still not approved, the next appeal is for a hearing. By the time a case makes it through the hearing process, it may have been in the system for years. It is difficult, therefore, to determine how long any particular claim might take before a decision to award benefits is made. On the bright side, there are applicants who are awarded benefits after the initial review process and only wait a couple months.

Q: Do you have to file in person when you submit a social security disability application, or can you do it via the web?

A: You can submit your online, as well as find out all the information you need to know about qualifying for disability insurance. Got to the official government Social Security site (http://www.ssa.gov) and click the “Disability” tab at the top of the page.