Social security lawyer

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.

Q: What is the process your SSDI benefits claim will go through when you file for benefits?

A: The first step in the social security disability process is the initial review. If you have not already had an interview via phone or in person with a social security representative, you will be contacted. The purpose of the interview is to assure that you have submitted all the requisite forms and that your file contains all the necessary details for the initial review. The disability determination services agency for your state will then receive your claim and a case manager will be assigned to it. Once your requested medical information has been received by your case manager, he will confer with a doctor on staff to collectively make a decision about your file. At this point, you will receive notification about approval or denial for your requested disability benefits. Most claims are not approved when initially reviewed. You can then request a reconsideration for your claim. A disability examiner and consultative physician that only deal with reconsidered files will evaluate your case. The services of a social security attorney are often beneficial during the reconsideration phase. This is due to the fact that the majority of claims are not approved during reconsideration. Your next course of action would be to request a hearing. This will be your final opportunity to present your claim and be awarded benefits. That is why most claimants have an advocate like a social security attorney at this point. It is not mandatory that you have a social security attorney, but having the knowledge and experience a legal advocate can provide will be invaluable to your case. The majority of claimants that win approval after having their case heard have had legal representation.

Q: If you have a social security attorney, do you have to do anything to file for disability?

A: If you have hired a social security attorney, he or she will usually submit all the necessary forms after you have submitted your application. You should submit your own application for an initial claim. You will also be required to personally complete information about employment history and your ability to do your usual tasks. Most lawyers make sure their clients have completed all those required items. Your social security attorney will also follow up with Social Security to make sure everything has been submitted correctly and on time.

Q: Are you allowed to apply for SSDI via the web?

A: Social Security does accept applications via their secure web page. You can download and complete the initial application, as well as the questionnaire regarding your condition and work history. They also have a “starter kit” to assist you in submitting everything correctly. Visit http://www.socialsecurity.gov/applyonline to find out more.

Q: What is the difference between SSI and SSDI?

A: Social Security Disability Insurance and Supplemental Security Income are both disability benefits, but they are not the same. Those who have contributed to social security during their work history and have accumulated enough credits, are eligible for SSDI. To determine eligibility for SSDI, Social Security will look at the earnings history, time in workforce and earned credits of an individual. While in the workforce, an individual earns one work credit for every calendar quarter. An individual can generally qualify for SSDI if he has worked the calendar equivalent of 5 years out of the last 10. Eligibility for SSI benefits, however, are dependent upon the financial needs of an individual. SSI is not dependent upon prior work contributions and credit. To be eligible for SSI, an individual cannot earn more than $1,433 per month in wages ($694 per month if the income is not from wages). An individual must report all wages, resources and income when applying for SSI. If you have any questions about whether you qualify for SSI or SSDI, contact a social security lawyer.

Q: Do you need a social security lawyer if you plan to appeal your Social Security disability claim?

A: A social security lawyer is not required for you to file an appeal. That being said, if your case was denied after the initial review, it would be wise to seek the counsel of a social security lawyer. The first step after an application is denied is to have the case reconsidered. Frequently, a claim is denied again after reconsideration. If you wish to appeal further, you will need to move on to the hearing process. A social security lawyer is extremely beneficial when a claim goes through a hearing. Your case has a better chance of being approved after a hearing, if you have the services of an attorney. You have peace of mind, as a social security lawyer will make sure that your claim is arbitrated fairly all the forms are completed correctly and on time. Should your claim win approval, an attorney can also assure that you get the most favorable onset date.

Q: Will an attorney take care of all my paperwork for disability insurance?

A: If you have hired the services of a social security lawyer, he will assure that your paperwork has been filed correctly and within the required deadlines. Knowing that, it is also important for you to be in the loop about all forms and deadlines. This is your case, after all, and you should be involved. Although the attorney will make sure you complete everything, some forms should be your responsibility. The application for disability benefits and anything that involves your employment history, for example, can be filled out by you.

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.

The Social Security Administration is responsible for the payment of social security benefits under the social security system in the United States. Social security benefits come under various types depending upon the category of the respondent’s requirement. Benefits may be payable to persons who have attained the stated pension age, or may be sick pay benefits to employees who are unable to work owing to chronic illnesses. There are several other classes of social security benefits, which certain sections may be eligible to receive. For instance, the disability benefits are available for workers unable to continue their existing jobs, once they cross a required duration at work (calculated as credits). To address the differing requirements of different sections of the society, the Social security administration pays the social security benefits through two different 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. If an individual is employed with average monthly earnings exceeding a certain amount as decided by the administration, then the person will not be considered as disabled. The administration’s Update (Publication No. 05 10003) stipulates the cut off amount for the present year and this amount changes from year to year depending upon the economic conditions. There is no provision for partial disability under the Social Security Act. If the individual cannot perform the work he was able to in the past, the State agency looks to see if other alternative employment can be arranged. It evaluates the person’s medical condition, age, education, past work experience and any skills that may fit another role. Should such efforts prove fruitless, and the agency is unable to provide the person with an alternative to earn his livelihood, the status of the employee as disabled would still be considered by the agency. State rules are more lenient for persons over the age of 50 and some benefits may accrue if the person applies for such relaxations. The chances of getting social security benefits are also better with persons employed only part time with meagre wages and insufficient savings.

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.

You should be aware that you may be able to claim Social Security Disability benefits or SSD if you have any type of disease or medical condition that makes it hard or impossible for you to engage in any type of income generating activity. SSD is a program of the government that is intended to provide monthly cash benefits to people who fit into the category of “totally disabled”. To be granted these benefits, an applicant will have to fulfill the following requirements: he or she must be suffering from a medical condition that prevents the pursuance of work, or that is expected to result in death.

It is important to note that there are many factors that will determine if you are eligible for Social Security Disability benefits, with concerns such as how old you are, how much education you have had, your work history, and your compliance with the terms of your medical treatment being some of them. Even if you conform to all of these requirements, there is still a chance that you will not be granted Social Security Disability benefits, which is why you may want to consider hiring the services of a social security lawyer.

A social security lawyer can be a great help to you in compiling the information that you will need in order to make your case for a disability claim. The process of getting your Social Security Disability benefits can take a very long time, and you will have to fill out a lot of documents as well as submit to an interview with a representative from the Social Security Administration. A good social security lawyer will also be useful to you when you are denied a claim, and will therefore have to make an appeal for reconsideration before a judge. When you consider that many SSD applicants are often denied benefits two times or more, and the appeals process can take up to two years to complete, the reasons for hiring a social security lawyer become even more apparent. With a social security lawyer, this process can be speeded up considerably.

It is important for you take your benefits claim seriously and to do what your social security lawyer suggests at all times. Many social security lawyers have had difficulties with clients that do not fulfill the terms of the medical requirement prescribed by their doctor. This may result in you being denied your benefits entirely.

Your social security lawyer is in a sense your partner when you are appealing for Social Security Disability benefits. You should work closely together in ensuring your lawyer wins your case as this will determine whether or not you are approved for benefits.

Q: I recently applied for social security disability benefits and was told I needed to undergo another medical exam. Is this common?

A: Many people who file for disability benefits through Social Security are asked to go through a consultation with one of their doctors. The exam is called a consultative exam, or CE. A CE is requested by the disability examiner who handles your case. If you are currently undergoing a hearing on your case, the judge may also request it. A CE is usually requested for two reasons. If you have not had an exam recently, a CE will provide updated information. If the details on your medical records are old, the disability examiner assigned to your file will not be able to make a sound decision. The second reason would be because your medical files are not complete. Perhaps you do not have recent x rays or a required test for your particular condition. A request for a CE does not mean that your application is heading toward denial. But it does mean that your file cannot be fully reviewed until the information from the CE is obtained. If one is requested, you will have to participate in the CE. If you have any questions or concerns about your particular CE, you many wish to contact a social security lawyer.

Q: Do I need to hire a social security lawyer if my initial application for disability through Social Security was denied?

A: If your application for disability was denied, you should appeal and it is wise to hire a social security lawyer to help with the process. A large number of cases initially reviewed by the Social Security Administration are not approved. Just because a case is denied, does not mean it cannot win in appeal. Often cases are denied simply due to lack of appropriate information. Having a social security lawyer on your side during an appeal process will guarantee that your case will be adjudicated properly. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.

Q: Once I submit my application, do I need to follow up with social security?

A: Yes, you should follow up on the status of your application. If you have a social security lawyer, he will do it for you, but you should also check in with your lawyer. In some cases, paperwork can be misplaced. In other cases, notice of approval or denial of an application may never reach the applicant. There are many stages your application must go through to be reviewed. You could miss deadlines if you are not notified. Knowing where your application is in the process, or if it has been lost, can be extremely helpful. Get in touch with the representative handling you case (usually referred to as the “disability examiner.”) Most applications are reviewed within 4 months. You will want to check the status of your application if you have not heard anything during that time.

Q: What does the application interview for social security disability benefits entail?

A: Your disability application interview will be set up shortly after you submit your application for social security disability. The purpose of the interview is to provide the disability examiner assigned to your case with the basic background about your case and you. Your social security attorney will make sure you have all the applicable information and documentation for that first meeting with social security. If you do not have a social security attorney, then you will want to make sure you are prepared. Some sort of photo identification, like a drivers license or passport, is required. If you do not have a photo ID, you will be asked a series of questions to confirm who you are. Make sure you have a certified proof of birth document. If you are married, bring your marriage certificate. If you have children, have supporting documents that confirm their status as your dependents. If you served in the military, bring your separation documents. Sometimes, your time in the military can increase the amount of benefits. After the disability case manager has confirmed your personal details, he will move on to the details of your case. Make sure you bring copies of your medical records and treatments for your current injury. Provide contact information for all your treating physicians. Lastly, come prepared with background on the past 15 years of your work history. Of particular interest will be wages and average number of weekly work hours. Again, if you plan to hire a social security attorney for the application process, it would be wise to meet with him or her prior to the initial interview. Having a social security attorney is not required for any part of the disability application process, but you will want to assure you come prepared to the first meeting. By assuring you have all the required documents, you can decrease the chances that your application will be delayed.

Q: How do you file an appeal if your application for social security disability is denied?

A: The next step after a claim for social security disability benefits is not approved is to make a request for reconsideration. Paperwork for reconsideration must be submitted no later than 60 days after the date of denial for your particular case. By failing to meet that deadline, you will probably have to file a brand new claim and start all over. You do not necessarily need a social security attorney, but having such an advocate can be helpful during reconsideration. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. It is recommended that you have representation of a social security attorney during the hearing process. A claim must first be reconsidered before an appeal for a hearing is made.

Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?

A: The major snare for disability benefits appeals is to miss deadlines. All reconsideration paperwork must be submitted within 60 days of the date of denial of the application. If you have any concerns about deadlines or necessary forms for an appeal, you may want to consider contacting a social security attorney.