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.
January 30th, 2009 at 8:15 pm
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February 2nd, 2009 at 8:17 pm
Many people find it quite frustrating to be out of work and unable to claim their benefits, but the severe backlog of Social Security cases is the cause of all this. Social Security cases are typically processed on a first come, first served basis, which means that you have no choice but to wait it out. In certain states in fact, the entire process has been known to take anywhere from eighteen months up to two years in order to get a hearing.
Even though a Social Security Disability attorney cannot get you to a hearing before an administrative law judge quicker, a good attorney will win your case before you are even scheduled for a hearing. A good Social Security Disability lawyer will have enough experience to know what type of evidence to collect as well as how to use any opportunities to your advantage, such as filing the claim with the Office of Disability Determinations or coming up with an On the Record opinion so that a hearing for your case may not even be necessary.
February 3rd, 2009 at 8:18 pm
You will not be awarded retroactive benefits for that period of time.
Q: Where do I submit an application for social security disability benefits?
A: You can apply for social security disability benefits online at http://www. socialsecurity. gov or by calling Social Security at 800. 772.
February 5th, 2009 at 8:20 pm
There are several benefits for disabled persons as provided by the Social Security System. A good social security lawyer can help you better understand the rules of each one, as they can be quite complex. A social security lawyer can help you differentiate between the various kinds so you can choose the one that is right for you. In this article however, we will focus on two major types: Social Security Disability Insurance or SSDI, and Supplemental Security Income or SSI. SSDI considers factors such as work history and disability, and SSI considers factors such as income, old age and blindness.
March 1st, 2009 at 8:29 pm
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March 18th, 2009 at 7:34 pm
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Your business income may affect your social security benefits. If that income goes over the predetermined substantial gainful activity (SGA) level, the SSA may consider it a substantial income. The SSA determines this SGA level by doing a comparison of the income of your business to the income you received before you became disabled, as well as to the income of a healthy individual doing the same business.
Q: If I pass away while I am in the Social Security Disability application process, where does my claim go?
A: According to the Social Security Administration, if a person who may be eligible for social security benefits dies (this includes Supplemental Security Income), their survivors may apply for a Lump Sum Death Payment. This means that, if you were to die in the process of applying for social security benefits, your survivors may make a case for the social security benefits you may have earned after the waiting period.
March 22nd, 2009 at 7:35 pm
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March 30th, 2009 at 7:38 pm
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April 9th, 2009 at 7:43 pm
Disability benefits are paid through two programs: the Social Security disability insurance program and the Supplemental Security Income (SSI) program.
The main criteria for availing social security benefits is that the person claiming the benefit is unable to work or has to stop working due to a medical condition that may last up to an year or result in death. However, the persons earning above a certain quantum of salary will not be considered for social security benefits. The amount changes each year and can be accessed from the administration’s Update (Publication No. 05 10003) for the current year.
April 20th, 2009 at 7:50 pm
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May 14th, 2009 at 1:29 pm
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May 20th, 2009 at 7:08 pm
If there is not enough information provided by medical files to allow the disability case manager to make a decision on an application, then an exam will be needed. If the medical records of a claimant are not current, then a recent examination will be needed to provide an updated record of the injury or condition. Do not panic if a consultative exam has been requested for your case. Your attendance is mandatory and your application cannot be approved or denied without the exam, once it has been requested. If you cannot attend the scheduled examination, contact your social security disability examiner and reschedule.
May 29th, 2009 at 7:17 pm
What you should realize is that it is important that you file for disability as early as you can, even on the day that you are disabled if possible. This is because the process can take a lot longer than anticipated, and waiting too long before you apply may mean delaying your benefits even longer, as well as risking the chance of lost benefits. Keep in mind that even with the help of an experienced Social Security lawyer, the claim process can still take a long time. In addition, you will also have to be unable to work for at least 5 full months before you can begin receiving disability benefits.
Some people have also wondered why the entire process takes so long, in some cases lasting for more than a year.
July 3rd, 2009 at 8:58 pm
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July 16th, 2009 at 1:38 pm
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July 18th, 2009 at 1:41 pm
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August 2nd, 2009 at 1:56 pm
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August 11th, 2009 at 2:02 pm
This is simply when the hearing office reviews your case before the scheduled hearing. Most experts do not recommend an OTR review, unless the medical condition or injury of the claimant has worsened. A final alternative to help speed up the social security disability hearing process is through a congressional inquiry. If you plan on trying to expedite the hearing process for your case, it would be wise to contact a social security attorney.
Q: Are there witnesses for a social security disability hearing?
A: Disability cases are decided based on medical evidence.
August 13th, 2009 at 2:02 pm
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August 21st, 2009 at 3:42 pm
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August 28th, 2009 at 3:55 pm
Hiring a social security attorney does not mean your case will be approved. It simply helps to assure that your case is properly handled. A social security attorney will assure that all the details for your hearing are prepared and will know how to navigate the process.
Q: When should I apply for social security disability benefits?
A: It is recommended that you submit your application for disability benefits as soon as possible after you are no longer able to work. It can often take 6 or more months for your application to be completed.
September 7th, 2009 at 4:24 pm
The SSA rules clearly state that they only grant Social Security benefits for applicants that are totally disabled. People who only have cases of partial disability or short term disability are not eligible for Social Security benefits.
My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?
Even if your doctor has pronounced that there is no longer any treatment that can help you, you should continue seeking medical help in order to ease the pain or symptoms of your condition. And if you continue to receive Social Security benefits, you should continue to see your doctor because Social Security will periodically review your claim to deem if you are still disabled or not. Failing to see a doctor regularly may give the SSA cause to believe that you are no longer disabled.
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