When Will a Social Security Attorney Receive Payment?

Q: How do you know if you are eligible to apply for social security disability benefits?

A: If you have a condition that affects your mental or physical health to such a degree that you will not be able to be employed for 12 months or more, you can submit an application for disability through Social Security. If you are able to continue working in some capacity, but will not be able to earn more than $980 before taxes per month, you will also be eligible to apply. You will not be eligible if your income will be above the SSA limit or your condition will not keep you from working for at least a year. If you have any questions about eligibility for your particular situation, you may wish to consult a social security attorney.

Q: If your doctor is not supportive of your decision to apply for disability, should you find a new one?

A: One of the biggest things that can affect the likelihood that you will be awarded disability benefits is the statement your doctor will provide on your behalf. You need your doctor to be very supportive of your decision to apply for disability. Your physician knows your symptoms, treatments and outlook better than any other agent. The claims examiner will also need complete and recent medical information to fairly review your claim. A doctor who supports you will be more likely to help you get all the information you need to provide a solid perspective for the representatives reviewing your claim. If your doctor is not on your side, it would be wise to find another who is. It may be helpful to contact a social security attorney if you believe you do not have the resources to seek medical treatment with a different doctor, or do not know where to start.

Q: If you have hired a social security attorney, how is he paid?

A: A social security attorney does not collect payment for your case unless you are awarded disability benefits. Most claims that are awarded benefits do not receive approval until they have been through a hearing. By that time, retroactive benefits are most always due. The SSA will automatically pay the social security attorney representing a case when it issues the claimant back pay. The lawyer will receive twenty five percent of the back pay you are due to receive.

4 Responses

  1. dan Says:

    I wish I had found this site sooner.

  2. matt Says:

    To be fully insured means that they must have been working for long enough and depositing money for this insurance into the Social Security system to qualify.
    Regular social security benefits are not the same as Social Security Disability benefits and should not be confused. You must have been employed for at least a continuous 12 months before your disability to be eligible too.

    When a person is disabled and their eligibility is decided they can begin receiving monthly payments from the social security office. The Social Security Disability claim must first be approved of by the Social Security Administrator or by an Administrative Law Judge.

  3. dan Says:

    The disability examiner for your case places a lot of value on the statement provided by your doctor. Delayed receipt of medical records is one of the main reasons disability claims get hung up in the review process. Assure that you have submitted thorough and current copies of all your medical data. Do so again when having your case reconsidered or requesting to have it heard before an administrative judge. Be cooperative with all representatives dealing with your case.

  4. Social security disability lawyer Says:

    If you earn more than the amount Social Security deems as Substantial Gainful Activity, your SSI benefits may be in jeopardy. That amount for 2008, for example, was $940 per month before taxes. Make sure you keep Social Security informed of all changes in your work income. You are responsible for repaying any benefits that were paid that you should not have received due to income. If you have the desire and ability to work in any capacity, you should not hesitate to pursue that.

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