Can A Social Security Lawyer Help with a Request for Reconsideration?
Posted by admin on Mar 22, 2009
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. You will need to submit all the required paperwork within 60 days of when your claim was denied. 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. You cannot, however, request a hearing until your claim has been through the reconsideration process. For that reason, make sure that you do not ignore the 60 day time limit to submit the paperwork for your case to be reconsidered. As previously mentioned, a social security lawyer can be a tremendous help, as your claim navigates both the reconsideration and hearing processes.
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. It can take a year or two until a hearing is scheduled. 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. Make sure you make a hearing appeal as soon as you receive notification that your appeal for reconsideration was denied. 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 assure that your case has been properly prepared and will be presented comprehensively during the hearing.
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: It is not uncommon to hear little from the Office of Hearings and Appeals for long periods of time. Notification will usually be received to acknowledge the hearing appeal, when a hearing date has been set and when a decision has been made after the hearing. Claimants in some states may also receive an exhibit list, which provides details of everything in your file. A social security lawyer is your best advocate if you are having any difficulty with the hearing process.
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Q: But, will my children receive social security benefits even if they do not live with me?
If your children do not live with you, their ability to obtain benefits will depend on the specific relationship you share with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:
• He or she is your legitimate child
• The child is your legally adopted child
• He or she is your natural but illegitimate child for whom a judge has issued a determination of support, or for whom you make regular financial contributions.
If you have a recognized, illegitimate child who does not reside in your home, and for whom a judge has not made an official determination of support, you can give evidence of that child’s financial dependence upon you by providing:
• Paperwork showing that your child is qualifies as your dependant in other state and federal programs
• Previous tax returns in which you claimed the child as a dependent
• Bank records, cancelled checks, etc. , showing that you made regular payments on behalf of or in support of your child
• Other proofs
In the case of a stepchild, however, the child is considered financially dependent on you (and therefore eligible for benefits) only if he or she lives with you in a parent child relationship.
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County clinics are there for people who do not have medical insurance. If you decide to use a county clinic, the best way to go about it is quietly: it is best not to tell them about your current disabilities. Often times, when the administrative staff hears about your complicated medical problems, they will tell you that they cannot help you because they do not have proper funding for your condition(s). When they hear of the depth of your disability, they may turn your away without letting you see even one doctor. You just simply them that you do not have medical insurance and you need a primary doctor.
Years of service can often positively affect your benefit payments. After the disability case manager has confirmed your personal details, he will move on to the details of your case. Be prepared with supporting documentation about your medical condition. Provide contact information for all your treating physicians. Lastly, come prepared with background on the past 15 years of your work history.
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. Speak with the social security disability examiner assigned to your case if you believe you have not been treated fairly by the doctor who provided your CE. You may object, for example, if the physician has examined you before for an insurance or work related claim.
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On the other hand, if you feel you were overpaid and it was at least partly your fault, you will generally work with the SSA to arrange to pay the money back. Social Security will generally allow you to make repayment in installations. Speak to a social security lawyer for details.
Q: I am legally blind. Can I get social security benefits?
A: A social security lawyer will tell you that, yes, you may in some cases be eligible for benefits.
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.
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If your Representative or Senator supports the need to have your case expedited, his or her office will call or send a letter to the Hearing Office. If you desire to expedite your claim, it would be wise to do so with the assistance of a social security disability attorney.
Q: Why is the date of onset important?
A: Your onset date is the day your condition or injury made you unable to continue work. The onset date is used to calculate when you are entitled to begin benefits and any social security disability back pay.
Q: Is every claimant eligible for retroactive social security disability payments?
A: No, not all claimants receive back pay.