How A Social Security Lawyer Can Be Beneficial
Posted by admin on Nov 19, 2008
Many people that apply for Social Security benefits take on the entire task by themselves, although hiring a Social Security lawyer can make the process easier and simpler. There is a large number of disability claims that are denied because of mistakes made at the beginning of the application process. Fortunately, a qualified Social Security lawyer can help you appeal your case, which can result in a reversal of the decision to deny your application.
How long will it take before Medicare coverage takes effect?
If you currently receive Social Security disability benefits, you will automatically be qualified for Medicare benefits. 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 the processing of your application, the Social Security office will then determine if you are eligible for the Medicare 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. Credits are earned every 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 applying for Social Security
A common misconception that many people have is that they cannot apply for Social security disability benefits while they are working. The truth is, you are allowed to file a disability claim and receive benefits while you are presently 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.
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Q: How long before I am covered for Medicare?
A: A social security lawyer will tell you that, if you’re retired, Medicare is fairly simple. If you are 65 years old or older, and worked for at least ten years in a Medicare covered job, you will generally be eligible for Medicare even if you’re working. Even if you are under 65, it is possible to be eligible for Medicare coverage if you suffer from a disability. But for these applicants, it may be a good idea to speak to a social security lawyer or advocate about several complications involved with receiving coverage for a disability.
When they first become disabled, most Medicare applicants who don’t work with a social security lawyer do not realize that they will have to wait at least 24 months before receiving coverage.
If you are considering contracting a lawyer to help with your claim, it is important to contact one locally for more information about your particular case.
Q: I already get benefits for a service connected ability. Is there any other benefit I can receive?
A: This depends on your situation. If, for instance, your service connected disability has grown in severity since you began receiving benefits, you can apply for an increase in your percentage or rating, which will also increase the amount of your monthly benefits. The VA also has benefits for those veterans that are unemployable due to their service connected disability.
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Their doctors are not there to help you but to evaluate your case in a quick and methodical fashion. The best way to prove your case is to get treatment with your own doctors. These are physicians with real knowledge of your case and experience with your disability.
If you do not have medical insurance, there are two different places you can go for help. One of these is the county clinic in your county, and the other is a vocational rehabilitation center.
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Overpayment also occurs when the SSA does not quickly apply any reported changes to you account, and waits to adjust your monthly benefits.
You may want to speak to a social security lawyer about your options, but in general, there are three different things you can do when you receive a notice of overpayment. One of these is requesting a reconsideration when you think the SSA has made a mistake. This means you will request that the SSA take another look at your case, and perhaps meet with you to speak with them (in which case you may want to speak with a social security lawyer).
If you do not request a reconsideration, you can request a waiver.
Often (though not always), once you get in to see a doctor, the county clinic will send you to any necessary specialists and agree to pay.
Your other medical care option, the Vocational Rehabilitation Program, is paid for by the state and works to train people for a vocation or career. However, before sending you off for training, this program will check your medical history and have you checked out by doctors associated with the program. They will pay for doctor visits, medications, tests and even surgeries and/or procedures, if warranted. At the end, they will make a determination as to whether they feel you can or cannot work.
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Many applicants are confused and annoyed by their social security agents’ request to continue seeing doctors even after they have doctors’ statements that there is no available medical treatment for the applicant’s condition. If this is what you are dealing with right now, there is an explanation! First, your regular doctors may not be able to provide all of the information the state agency needs to evaluate your case. The agency will arrange for you to see a doctor who has the specialized experience or equipment necessary to complete the examination. The visit is not for treatment; it is simply part of your case evaluation.
Second, even untreatable conditions change, and not all disabilities are permanent.
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Fortunately, a qualified Social Security lawyer can help you appeal your case, which can result in a reversal of the decision to deny your application.
How long will it take before Medicare coverage takes effect?
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. In this situation, you will have to set up an appointment with the office of the Social Security Administration.
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The time it takes to schedule a hearing varies from state to state and is affected by the number of claims that are currently in the hearing process. It is important, therefore, to not add any more time to the wait by submitting your request for a hearing as quickly as possible. If you do not already have a social security lawyer, it would be wise to seek one to represent your case during the hearing. A social security lawyer will make sure that your claim is handled fairly and adjudicated correctly.
Q: Should you be concerned if you have not heard anything after a hearing request has been made on a social security disability claim?
A: A claimant does not often receive much communication while he is waiting for a hearing to be scheduled.
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Foremost of these is the extent of your disability as defined 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.
The Social Security program assumes applicants that have family members that are currently working and will have access to other means that will support them during times of short term disability. These sources could be anything from sickness or injury benefits from work to personal insurance and savings.
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.
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Having a social security lawyer on your side as you undergo reconsideration can be extremely beneficial, especially if you are once again denied. You will need to submit all the required paperwork within 60 days of when your claim was denied. 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. Many cases are actually not approved until they have been through a hearing.
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In general you must have less than $2000 in the bank for an individual, or $3000 for a couple, to qualify for SSI. But since rules and limits change from state to state, it is best to speak with a social security lawyer.
Q: Will they take away my benefits if I sell my house and make money off of it?
A: The answer to this question will vary from case to case, and it is a good idea to speak with a social security lawyer in this situation. If you sell your home and make a profit, the amount of profit will determine your continued SSI benefits. If you make enough money from selling your house to go over your resources’ “allowable value,” you will become ineligible for SSI during that month.
You are usually eligible for SSDI if you have earned 20 credits out of the past 40 quarters. Eligibility for SSI benefits, however, are dependent upon the financial needs of an individual. SSI is not dependent upon prior work contributions and credit. SSI is awarded to those who make less than about $1400 monthly in income. An individual must report all wages, resources and income when applying for SSI.
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Some churches and non profits have programs to help with prescription costs. Look into state health assistance programs. Find free clinics, if need be, for routine visits. Talk to your doctor about restructuring payment plans. Explain your situation and be proactive before you get in trouble.
If you have the desire and ability to work in any capacity, you should not hesitate to pursue that. If you can work more hours, but keep your scheduled work time low to simply keep your benefit payments, your actions may be viewed as fraud committed against Social Security. It may be helpful to seek counsel from a social security lawyer, if you wish to become employed but are worried about the transition from social security disability benefits back to the workforce.
Q: If you recently hired a social security lawyer, why will the representatives at SS no longer deal directly with you?
A: The disability case manager will probably wish to deal with your social security lawyer. You should not be concerned if this is the case.
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Q: Should I make my claim for social security disability under my own account, or under the social security account of my spouse who recently passed away?
A: Of course, for most people applying for social security disability, your objective is to receive the highest payments you can. In some cases, you will receive the most generous payment by applying under a deceased spouse’s SS account. Other times, the largest payment will come from your own account. In either case, you will need to determine the highest payment, as you cannot apply under both.
The first step when deciding under whose account to request social security disability is to determine which will provide higher payment.
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.
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There is a large number of disability claims that are denied because of mistakes made at the beginning of the application process. 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.
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.
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 do not submit the paperwork in that timeframe, you will likely have to start the application process all over again. Most claims are denied during the initial review process. In fact, most of the disability claims that are awarded are done so after the hearing process.
Strong medical proof will give your claim the best chance of approval.
Q: Can a creditor take your social security disability benefits checks?
A: No collection agent can take away your checks, if you collect SSI benefits. Those who collect SSDI payments, however, are not immune from all collections agencies. If you are in financial trouble with businesses, credit card companies, mortgage companies, etc, they cannot touch your payments. On the other hand, your payments are not safe from governmental agencies.
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Representatives will be much more likely to help you know where your claim is in the process and what items might be missing, if you are helpful and courteous. If you have any concerns about being responsible for any aspect of your claim, you may wish to contact a social security lawyer. And if, in spite of your best efforts, your claim was not approved after the initial review process, it may be wise to seek counsel from a social security lawyer. Having an attorney on your side for the reconsideration and hearing processes will be extremely helpful.
Q: Are there actions you can take after your initial disability claim is not approved?
A: Submitting a request to have your claim reconsidered is the next course of action after your initial claim was not approved.
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