Social security lawyer

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.

Are you eligible for social security benefits? If so, which ones? 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. Only people whose disability is considered complete and is expected to last more than one year are eligible for social security benefits. (Note that as long as your highest possible income is below an SSA determined level, you may work while collecting disability benefits.)

I cannot work as long as before or at the same skill level, so although I still have a job, my income has dropped. 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, be aware that your earnings in your current job are not the only earnings the state agency will take into account. If you can move to another line of work and in so doing raise your income above the approved level, you will not be considered eligible 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.

According to my doctors, there are no effective treatments for my condition, so why do I have to continue to make office visits?

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. The doctors you usually go to may not be able to provide enough information; for example, you may need tests or equipment that your doctor does not have. The state agency may help you to find the specialist you need.

After you have been ruled eligible for disability benefits, regular examinations will be necessary to track the state of your health. Not all disabilities are permanent; you may improve enough to return to work, even if there is no medical treatment that can speed your improvement along.

Your Social Security Benefits Questions: Social Security Credits

Q: Social Security tells me that I don’t have enough credits to qualify for benefits. How do these credits work, and how is it possible for me to not have enough when I have worked for years and paid taxes the whole time?

A: When you work and pay Social Security taxes, you earn credits that are used to qualify you for social security benefits. The number of credits you receive is based on both income and the number of years worked. The necessary income level for receiving social security benefits credits rises a bit each year; as of 2008, you receive one credit for every $1,050 you earn. These credits are also called quarters, as you can earn a maximum of four of them a year; any social security “quarters” that you earn during your working career will remain on your record even during times of unemployment.

A certain number of credits or quarters are required in order to qualify you to receive social security benefits. This number is based on age, and is generally calculated by number of years worked. Most people looking to qualify for retirement social security benefits (that is, over the age of 62) will need 40 credits, or 10 years of work, to be eligible for benefits.

However, it can happen that a person who has worked a seemingly appropriate number of years does not gain the necessary credits for social security benefits. This occurs to workers who, during their working careers, did not (or do not) have social security taxes taken out of their wages. This situation mostly occurs among Federal employees hired before 1984, railroad employees with ten years or more of service, and state and local government employees whose employers do not participate in social security.