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.

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.

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.

Q: Should you have a social security lawyer if your disability claim was denied?

A: Having your case reconsidered is your next option if you were not approved for disability after the initial review process. It may be wise to seek the counsel of a social security lawyer if you plan to have your claim reconsidered, since many claims must go on to the hearing process. It is very important that you provide all the requisite forms no later than 60 days after the date of your application denial. If you fail to meet that deadline, you will have to submit a new claim and undergo the initial review process once more. A large number of applications are not approved the first time. In fact, most of the disability claims that are awarded are done so after the hearing process. You cannot, however, request a hearing until your claim has been through the reconsideration process. That is why it is so crucial that you meet the deadline for reconsideration. Again, hiring a social security lawyer can assure that all the necessary deadlines are met and paperwork submitted.

Q: Once you have requested a hearing, how much time does it take?

A: Once your claim for social security disability benefits goes to the Office of Hearings and Appeals, it may take quite some time until a hearing is scheduled. Sometimes it can take up to two years before you have a date for a hearing. The scheduling delay is often dependent upon the backlog in your particular state. It is important, therefore, to not add any more time to the wait by submitting your request for a hearing as quickly as possible. Having an advocate like a social security lawyer on your side during the hearing process can be extremely beneficial. A social security lawyer will assure that your case has been properly prepared and will be presented comprehensively during the hearing.

Q: Do social security disability claimants receive any status updates, while waiting for a hearing to be scheduled?

A: It is not uncommon to hear little from the Office of Hearings and Appeals for long periods of time. Typically, a claimant will be sent a letter confirming the request for a hearing, another to provide the information about a scheduled hearing and one notifying the claimant of approval or denial once the case has been heard. Claimants in some states may also receive an exhibit list, which provides details of everything in your file. If you have concerns about the status of your claim, contact a social security lawyer.

Can people that are only partially disabled apply for Social Security Benefits?

The Social Security Administration has some pretty rigid guidelines in place regarding who is eligible for Social Security benefits. The SSA rules clearly state that they only grant Social Security benefits for applicants that are totally disabled. Applicants that are only partially disabled or are only disabled for a short period of time cannot avail of 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 you are suffering from a condition that doctors have deemed untreatable, you should still keep seeing a doctor in order to avail of medications that may help alleviate any symptoms or pain that you are experiencing. 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. If you have not been seeing a doctor on an ongoing basis Social Security could use this against to you to state that you must not be disabled anymore.

I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for SS benefits?

The Social Security Administration grants Social Security benefits based on a few considerations. The most important condition is the degree of your disability as determined by the Social Security Administration. Under SSA rules, you are classified as disabled if you cannot work in the same job as before, and your condition prevents you from working at another job. You are also classified as disabled if your illness or condition is anticipated to last for a year or if you are expected to die from your condition.

Social Security is designed to work on the principle that members can rely on family members to support them during their illness or that they have other sources of income. These resources may include compensation from your place of employment, insurance programs, and personal savings.

The Social Security Administration has an extensive list of medical conditions that is used to determine if the person is eligible to receive benefits or not. If you are currently suffering from a condition that is not included in the list, the Social Security Administration will determine your eligibility based on the severity of your medical condition.

If you are not able to work in the same capacity as you did in the past, and you are not able to perform alternate work, you will be considered eligible for Social Security benefits.

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.

In order to qualify for social security benefits, you will need 40 credits, which equates to ten years of work. Your social security benefits are based on your earnings over the course of your life, and the more you earn, the more benefits you will be entitled to. You can retire and apply for social security benefits as early as age 62. However, keep in mind that the earlier you apply for your social security, the less benefits you will receive. In other words, the longer you wait to receive your social security benefits, the higher you benefits payments will be.

Each year, the Social Security Administration (SSA) mails all workers over the age of twenty five a record of earnings that estimates the benefits they will be eligible for. Normally, the statement will arrive around three months before your birthday. However, if you do not receive your statement, you can visit your local SSA office or the SSA website and fill out a request to receive this information. Since it is not uncommon for there to be errors, be sure to review this statement to ensure that your earnings over the years have been reported accurately. This is extremely important since your future benefits are based on the information contained in this report.

The age at which you can receive full social security benefits is dependent upon the year in which you were born. For example, individuals born in 1937 or earlier can opt to receive their full social security benefits at the age of 65. You can refer to the SSA website or you local SSA office for complete information concerning when you are eligible to receive full social security benefits.

Many people opt to receive their social security benefits before their full retirement age, which is as early as age 62. However, you should be aware that your social security benefits will be reduced by 5/9ths of 1 percent for every month between the date you retire and your full retirement age, up to 36 months. After this period, the reduction decreases to 5/12ths of 1 percent. You should keep in mind that this is a permanent deduction. The decision of when to apply is entirely up to you and depends on your financial situation.

You should also realize that working while you receive social security retirement can reduce your benefits. If you are not yet at full retirement age, $1 in benefits is deducted for every $2 you earn above the annual limit. In the year that you will reach your full retirement age, $1 in benefits is deducted for every $3 you earn above the annual limit. When you reach full retirement, you are allowed to work as much as you would like with no reduction in benefits.

To receive your social security benefits, you will need to apply either online or at your local SSA office two to three months before your projected retirement date. The Social Security Administration recommends that you visit your local SSA office at least year before, though, to discuss how applying for benefits will affect you financially. They can also better walk you through the application process.

Along with every paycheck that you receive from your employer comes a corresponding deduction of Social Security taxes. For most people, Social Security is used for the purpose of retirement benefits that they can avail of when they reach the age of retirement. Many people are not aware however that part of the Social Security tax can be used in the form of a disability plan. Even if you are not quite at the retirement age yet, there is a clause in the Federal law that allows you to claim some Social Security benefits if you suffer from an injury or any other type of illness or disease that will prevent you from working. These benefits can be used to provide you with an income source in the event that you are not able to work.

The Social Security Act defines disability as either a physical or mental condition that prevents the sufferer from engaging in any activity that generates income, and that can either result in his or her death or last for 12 months or more. Many people seem to be confused about when they can apply for Social Security disability benefits and when they can begin collecting payments. 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. Keep in mind that you will also have to be out of work for at least 5 months before you can begin to receive disability benefits.

The question of why the entire claim process takes so long…often lasting more than a year…is one that comes up often. Even with a competent Social Security lawyer on your side, the process can still take an excessively long time. 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.

It is interesting to note that even if a Social Security Disability lawyer cannot help you get a hearing with an administrative law judge sooner, a good one can work wonders for your case even before you get 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. In any case, there are a number of obstacles that you have to deal with when filing for Social security benefits. With a competent lawyer on your side however, the process can be resolved much sooner than if you take on the task of filing the claim by yourself.

Q: I have a business under my name but my spouse runs it. Can I have still apply for social security benefits?

A: The SSA defines the word disability as being unable to complete any substantial activity that will earn you a living. What is considered “substantial gainful activity” comes from the National Wage Index, which averages monthly wages across the board. The SSA considers an applicant to be working or employed at any time the that person “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it.”

Your business income may affect your social security benefits. The income you receive from your business, regardless of who runs it, may be considered substantial if it exceeds a determined SGA (or substantial gainful activity) level. 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: The SSA states that when an individual who was or could have been eligible to receive social security benefits becomes deceased, surviving family member can request a Lump Sum Death Payment. What does this mean? If you die in the while your claim for social security benefits is pending, your family may be able to get some of the benefits you would have been eligible to receive after the waiting period. To do this, surviving family members need to prove that their deceased relative did or could have qualified for social security benefits in the month that they died.

Only certain close family members are eligible for these survivor’s social security benefits. When making the claim, the family will need to provide information and records about the deceased’s social security benefits eligibility and application (if there was one). The SSA will also want to see information about the deceased’s overall disability, starting at fourteen months before death.

Q: If I am receiving social security benefits and I die, what happens to them?

A: A person who has worked and paid social security taxes may be eligible for survivor’s benefits upon their death. For one’s family to be eligible for survivor’s benefits, up to 10 years of work is needed, depending on one’s age. Survivors’ social security benefits can be paid to:

• A widow or widower, who will receive full benefits at retirement age, and reduced benefits starting at 60
• A disabled spouse aged 50 or over
• Unmarried children under 18 (or up to 19 if attending high school)
• Children of any age disabled before the age of 22
• Dependent parents over 62 years of age.