Social security lawyer

Applying for disability with the Social Security Administration can be confusing and challenging. Educating yourself about the process is wise, regardless if you plan to hire a social security lawyer or do it yourself. Some common questions about filing for disability through the Social Security Administration are included below.

Q: Am I eligible to receive Social Security disability benefits, if I currently receive workers compensation benefits?

A: If you receive workers compensation benefits, you are still eligible to receive Social Security Disability benefits. You can collect both workers compensation and Social Security Disability benefits, up to a maximum of 80 percent of your highest annual income average. Your 80 percent limit may be higher or lower than that of someone else, since the annual earning history of one person differs from that of another. That means one worker may have a high enough cap to collect full benefits, while another may not. If your combined workers compensation and social security benefits exceed that 80 percent maximum, your social security benefits will be reduced to meet that limit. Say that your monthly average income was $5000, your 80 percent maximum monthly cap would be $4000. You may be eligible for $2500 per month in Social Security Disability, but already receive $2500 each month in workers compensation. Your Social Security benefits would be reduced to $1500 to meet your cap of $4000.

If there are any changes to the amount of workers compensation benefits you receive or if you receive them as one large payment per year, please contact the Social Security Administration or get help from a social security lawyer. Any changes to your workers compensation can affect your social security benefits.

Q: Will my assets affect my receiving SS benefits?

A: Your assets should not affect your Social Security Disability benefits. Disability benefits are contingent upon what you put into Social Security when you were working and the duration of your tenure in the workforce. It is a benefit that is earned. Your assets, therefore, should not affect your benefits. If, however, you are applying for the Supplemental Security Income (SSI) program, your assets will affect those benefits. SSI benefits are awarded based on need, so any income and assets you have must be considered.

A social security lawyer may be a good resource, if you are unclear about the affect your particular assets may have on your SSD or SSI benefits.

Q: Is it a requirement for me to see one of the Social Security doctors?

A: Not in all cases. The disability examiner for your case may not feel he has enough background on your case and wishes for you to undergo a consultative exam (CE.) Perhaps the examiner needs a more recent exam than what was provided in your medical history. The doctor performing your consultative examination does so simply to provide the most current medical information about your case. The CE will be looked at in concert with your other medical records. The Social Security Administration will pay for your CE. Contact your case representative, if you feel you should not have to go through another exam. If you are confused about next steps to take, you may wish to contact a social security lawyer.

Q: Does everyone who files a social security disability claim have to do another medical examination?

A: Not everyone who applies for social security disability benefits has to undergo a consultative exam (CE.) A consultative examination is requested because of one of two things. 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. The other reason an exam will be required is to provide current medical information regarding the condition of the claimant. If a CE is required for your claim, try not to worry. Your attendance is mandatory and your application cannot be approved or denied without the exam, once it has been requested. If you intentionally miss the consultative exam and do not try to reschedule, your social security disability claim could be denied due to your failure to cooperate. You will not have to cover the cost of the CE.

Q: Who will perform a CE requested by the Social Security Administration?

A: The disability manager for your case will typically not request that your physician conduct the CE. A doctor who has not previously treated you will most likely provide the scheduled exam. If you have any concerns regarding the particular physician scheduled to provide your exam, you can contact your social security disability examiner. If that doctor provided an exam for a previous case of yours that was not approved, for instance, you can request a different physician. The Social Security Administration does not necessarily have a staff of doctors on the payroll to handle consultative exams. Social Security has a contract with independent doctors who will perform the examinations.

Q: Is it possible to get retroactive benefit payments for social security disability?

A: A fair number of applicants approved for social security disability benefits receive back payments. The main reason for this is because the review process for claims can take a considerable amount of time. Applicants can accrue benefits retroactively from the date of application and, in some cases, up to a year prior. The 5 month waiting period after the date of onset will not be included in back pay.

Q: When can I file for social security disability benefits?

A: You can apply for social security disability benefits when you can no longer work, due to your condition. To qualify, the condition must be expected to prevent you from working for at least a year. You should apply for social security disability as soon as possible, since it can take quite some time for the Social Security Administration to review your claim. You can apply for back payments for benefits, if you are approved for social security disability benefits. Regardless of how quickly your application is processed, you will not be able to receive benefits until 6 months after your date of onset. You cannot receive back payments for that waiting period.

Q: How do I apply for social security disability insurance?

A: To submit a claim for social security disability, first contact your local Social Security office or apply online via the main Social Security web site. An interview with your claims representative will be scheduled. That initial appointment can usually be conducted by phone or in person, dependent upon what is easiest for you. Your claims representative will be your point of contact through the application process and will assure that you fill out the appropriate paperwork. If you are unsure if you qualify for SSDI (social security disability insurance) or SSI (supplemental security income), your claims rep can help you. He or she will also walk you through any application for back payments of social security disability benefits.

Q: Is there anything I can do to increase the likelihood that my social security disability claim will be approved?

A: Many claims for social security disability are denied during the initial review process. You can, however, improve the likelihood that your application is approved. The most important thing to do is assure that you have submitted your paperwork correctly. By staying in touch with your claims representative, you can easily know if anything required is missing. Having a supportive doctor who is willing to be your advocate can also help bolster your social security disability case. A detailed letter about your condition written by your treating physician is an asset to your file. The third thing you can do is to make sure your most recent medical records have been submitted for your claim. The main reason most social security disability applications are postponed is because of a wait on medical records. Lastly, be cooperative, meet deadlines and check in on your file. Finally, make sure you do not miss deadlines for paperwork, keep in touch with your claim representative to know where your file is in the process and always be courteous (no matter how frustrated you may get at times.)

Q: Is it necessary to be represented by a social security attorney when you apply for disability benefits?

A: It is not required that you have representation when applying for disability with social security. A fair number of claimants apply on their own and make it through the initial review process without trouble. You may wish to have a social security attorney, however, if you are concerned about getting paperwork in on time or do not understand the process or requirements for making a claim. A fair number of claims are not approved after they go through the first review. By making sure you submit all the required information and forms within deadlines and correctly, your case has the best chance of being reviewed fairly. Again, many applicants that do not have a lawyer submit everything on time and without difficulty for the initial review process. Most experts recommend hiring a social security attorney if your initial claim is not approved and you plan to have it reconsidered. If you plan to go through the hearing process after your claim has been reconsidered and was not approved, it is wise to have a lawyer. The majority of claimants who have appealed to have their claim heard before a judge have a lawyer on their side. Going through a hearing will be the final step in determining if you will be approved for disability benefits. A social security attorney has the experience and knowledge to assure that your claim will be fairly and appropriately adjudicated during the hearing process. Most cases that are approved after a hearing have representation.

Q: Is it better to submit a new application after your disability claim was not approved, or to appeal?

A: It is not recommended that you apply again to have your case initially reviewed. Most initial claims for disability benefits are not approved. Your next step is to file for reconsideration. The deadline for filing to have your case reconsidered is 60 days. If you miss that deadline, you will then have to apply again and go through the initial review process. If your initial claim was denied once, it is likely it will be denied again. You will then be back where you started and have to file for reconsideration within the 60 days. If your claim is not approved after reconsideration, you will need to appeal to have it heard before an administrative judge. Applying for initial review a second time would have wasted your precious time. It may be helpful to consult with a social security attorney, if you have missed appeals deadlines or are confused about the process.

Q: Can you submit an application for social security disability online?

A: Yes, you can apply for social security disability online. Social Security has a section on its web site to help walk you through applying online (www.socialsecurity.gov.)

While many people opt to handle the process of applying for Social Security benefits by themselves, there are many instances wherein hiring a Social Security lawyer can make things a lot easier. Since errors made at the start of the application process results are a common occurrence, many claims for disability benefits are often denied. The good news is that these decisions can often be reversed in favor of the applicant, once he or she hires an experienced Social security lawyer to assist in the appeal process. See also here.

How long will it take before you are covered for Medicare?

Most people who are already receiving Social Security disability benefits will receive Medicare coverage automatically. A few months before you turn 65, or before you reach the 24th month of your disability, you will receive information about your Medicare benefits, as well as your Medicare card. If you do not currently receive Medicare benefits however, you may not be enrolled in the program automatically. You will then have to arrange for an appointment with the Social Security Administration. Upon receiving your application, the Social Security office will decide whether or not you are eligible for the program.

What does it mean if you are short one credit for disability insurance?

One of the requirements for being eligible for Social Security Disability Insurance benefits is that you should have received a certain number of credits for the work you have done during a specific period and you should have earned a specified amount during the ten years prior to your disability. A credit is equivalent to a quarter of the calendar year. According to Social Security regulations, you should have earned a specified amount in dollars during a quarter. To be eligible for Social Security Disability Insurance, applicants need to have credits equivalent to at least 20 quarters or 5 years’ worth, over the past 40 quarters or the ten years previous to becoming disabled.

Working while you have a Social Security claim pending

A common misconception that many people have is that they cannot apply for Social Security disability benefits while they are working. The fact is that you CAN actually apply for benefits, make an appeal, and even receive social benefits while you are currently working. Keep in mind however that your monthly income cannot be higher than your SGA or substantial gainful activity amount, which is $900.00. The reason behind this restriction is that the Social Security Administration assumes that if you are able to work and earn more than the SGA, you are not legally considered disabled.