Social security lawyer

Q: When will I receive my first check?

A: When your disability case was given approval, the Social Security board in your particular state decided when your injury first prevented you from working (known as “date of onset.”) You are eligible to receive benefits five months after your date of onset. You will actually not be paid until your sixth month, since all payments are distributed at the end of the month. No benefits will be paid for those first five months. If your disability began before you applied for Social Security disability, you may be eligible to receive back payments. You can receive retroactive benefit payments for no more than a year. If you need assistance applying for or determining if you are eligible for retroactive payments, it would be helpful to contact a social security lawyer. Given that the application and review process for claims can be quite lengthy, a good number of claimants are awarded benefits retroactively.

Q: Will my children receive benefits?

A: Whether or not your children receive benefits will depend upon how much you contributed to Social Security prior to being injured. Your child may be entitled to receive monthly benefit amounts of about 50 percent of your full monthly benefit amount. There are limits to how much your family can collect. And again, how much your dependents are eligible to receive is based on your Social Security earnings history. Your child must be unmarried to qualify. He must also be under the age of 18, or the age of 20 if he is a student. If you currently receive Supplemental Security Income (SSI) benefits, your dependents are not eligible to receive benefits under your claim. If you have any questions about qualifications for dependents, you may wish to contact a social security lawyer.

Q: Does my case continue to be reviewed after benefits have been awarded?

A: If you are currently receiving Social Security Disability Insurance benefits, your file will be reviewed periodically. Social Security is entitled to conduct a review (called a Continuing Disability Review) as long as you continue to receive benefits. The CDR is undergone to update your file with the latest medical records and to determine if your condition has improved significantly. CDRs are described as being done a year after approval, then three years and seven years after. That means a review of your case could happen when you do not expect it. You will maintain your benefits, until your injury has changed or you are able to work enough to bring in at least $940 monthly income. SSI benefits will discontinue if your income is no longer below the income criterion. You may wish to seek the counsel of a social security lawyer, if you have any questions or concerns about returning to work while currently receiving benefits.

Q: How do I handle a Social Security Disability overpayment issue?

A: Any social security lawyer will tell you that, if the Social Security Administration determines that they have paid you more than they should, they will probably send you a Notice of Overpayment. Overpayment happens for many reasons, like letting a change in your lifestyle/earnings go unreported. Overpayment also occurs when the SSA does not quickly apply any reported changes to you account, and waits to adjust your monthly benefits.

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. When you do this, you are essentially requesting Social Security to look over your file again and perhaps meet with you to work out the problem (when this happens, it is a good idea to bring your 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. On the other hand, if you feel you were overpaid and it was at least partly your fault, you will generally work with the SSA to arrange to pay the money back. Social Security will generally allow you to make repayment in installations. You may want to speak to a social security lawyer to learn more.

Q: I am legally blind. Can I get social security benefits?

A: If you speak to a social security lawyer, he or she will give you this simple answer: maybe. Those people who are legally blind qualify for social security disability under the same general rules as those with any other disability. 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 SSA has special guidelines when working with legally blind applicants. 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. It may be a good idea to speak to your social security lawyer for a better idea of how this works.

Q: Do I need to wait a year after the start of my disability to apply for benefits?

A: In short, no. 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. Any social security lawyer will tell you to apply for benefits from the first day of your disability.