All Your Questions Answered About Hiring A Social Security Lawyer
Posted by admin on Jun 18, 2009
There are many ways by which hiring a social security lawyer can be beneficial to you. Many people who apply for Social Security disability benefits without the help of a social security lawyer will often have a difficult time with the process, putting even more burden on an already difficult situation. Since the application process for such benefits are often determined by a points system, a qualified social security lawyer can make things easier and simpler. With the many different kinds of Social Security disability benefits available, a social security lawyer can help you sort through them and help find the one that best fits your needs. A social security lawyer will even be able to guide you through the qualification process.
There are actually a few disability benefits offered by the Social Security system. The rules for each one can be quite complicated, which is why hiring a social security lawyer can be helpful. A social security lawyer will be able to tell you the differences between each one and which will best suit your needs. This article will go into detail about two types of benefits in particular; Social Security Disability Insurance or SSDI, and Supplemental Security Income or SSI. Your eligibility of SSDI is dependent on your work history and disability, while SSI takes into consideration disability, as well as your income, old age or blindness.
Your social security lawyer can help you apply for SSDI if your Social Security fees are paid, and you are suffering from a physical or mental condition that prevents you from working. People who have been disabled for 12 months, anticipate being disabled for 12 months, or expect death to result from their condition can also apply for the program. Keep in mind that you do not have to wait for 12 months before filing your claim, if you expect to be disabled for that long.
There are situations wherein the Social Security office will overpay you. Again a social security lawyer can help you with this situation, especially if the error lies with the Social Security Administration and you are asked to pay back the overpaid amount, in which case you may want to file for a waiver. If your request for a waiver is denied, you may have your social security lawyer represent you in an appeal process that will determine whether or not you will have to pay back the overpaid benefits.
Disability and Social Security Benefits
Posted by admin on Jun 15, 2009
Do you qualify for social security benefits? The regulations can be labyrinthine, and trying to puzzle them out can be an exercise in frustration. To work out which disability benefits you may be able to receive, and to find out whether you will be able to earn an income while receiving disability, read on.
Can I get partial disability through SSA?
No, Social Security does not offer disability benefits to people with partial or short term disabilities. Social security benefits are available only to applicants who are completely disabled and whose disability is considered likely to last at least a year. (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. Can I still file for social security benefits?
Yes, if your income is lower than a certain SSA determined level, you are eligible to file for disability benefits. 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.
My doctors say there is no treatment that can help me, so why do I have to keep going to doctors?
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. Your regular doctors may not be able to perform necessary tests or have equipment that is necessary to evaluate you, so you may need to visit another doctor to complete the evaluation. The state agency may help you to find the specialist you need.
Once you are determined to be disabled, you will need regular examinations to determine the progress of your medical condition. 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.
Social Security Benefits Under the Disability Program
Posted by admin on Jun 9, 2009
Q: Who qualifies for social security benefits through the disability insurance program?
A: To qualify for social security benefits, your condition must prevent you from working for at least a year. Both physical and mental impairments qualify. For your application for social security benefits to be approved, you cannot earn more than the limit set for such benefits. Currently, that amount is just under $1000 per month before taxes. In addition, you must show that it is not possible for you to perform other types of work. For this, what you did before the onset of your condition, how old you are and your education level are taken into consideration.
Q: How long can you collect social security benefits through the disability program?
A: Your social security benefits will continue until one of the following events occurs. Your social security benefits will be suspended, if your injury resolves completely or enough for you to become a part of the workforce again. If you choose to reenter the workforce, instead of relying on your social security benefits, your benefits would also discontinue. The last scenario in which social security benefits would no longer continue would be if you reach retirement age. You would receive retirement payments, in lieu of disability payments. Your file will be reevaluated from time to time. It is expected that you inform your case manager, should your injury improve or if you return to work.
Q: After I apply for social security benefits, how long does it take to be notified of a decision?
A: The standard estimate for a decision to be made regarding a social security benefits application is just under 4 months. It is hard to determine, however, the length of time your claim may be under review. A decision on an application for social security benefits can be made in 30 days. Other cases can take up to two years. To improve the chances that your application for social security benefits will not be delayed, make sure you have provided all the required information and filled out paperwork correctly. Most cases get hung up because the claims representative is waiting for current and complete medical information. A lawyer who specializes in social security benefits can be invaluable, if you have any concerns about the length of time your claim is taking.
Do I Need a Social Security Lawyer?
Posted by admin on Jun 4, 2009
Q: When will I receive my first check?
A: When your disability case was given approval, the Social Security board in your particular state decided when your injury first prevented you from working (known as “date of onset.”) Five months following that determined onset date, you will be allowed to collect your first benefits. You will actually not be paid until your sixth month, since all payments are distributed at the end of the month. No benefits will be paid for those first five months. It is possible to be paid retroactively, if it is proven that your condition was present prior to your application for disability benefits. Back payments can be made retroactively for up to 12 months. If you believe you are eligible for back payments, you may wish to seek counsel from a social security lawyer to help you apply for retroactive benefits. There are many applicants who do receive back payments for benefits, since the process of applying for benefits can often take quite a while.
Q: Are my dependents eligible for benefit payments?
A: Payments to dependents are determined by the amount of your Social Security contributions. In some cases, children are eligible for up to 50 percent of the amount of benefits you receive. There is a cap on the amount for which dependents are eligible. As previously mentioned, that amount is dependent upon how much you have contributed to Social Security over your time in the workforce. Your child must be unmarried to qualify. He cannot be older than 18, unless he is a student (students cannot be older than 20 to be eligible.) If you currently receive Supplemental Security Income (SSI) benefits, your dependents are not eligible to receive benefits under your claim. If you have any questions about qualifications for dependents, you may wish to contact a social security lawyer.
Q: What happens when Social Security reviews my file?
A: If you are currently receiving Social Security Disability Insurance benefits, your file will be reviewed periodically. Until you are able to return to work or reach the age of retirement, your file will be subject to Continuing Disability Reviews (CDRs.) The CDR is undergone to update your file with the latest medical records and to determine if your condition has improved significantly. CDRs are described as being done a year after approval, then three years and seven years after. That means a review of your case could happen when you do not expect it. Benefits typically continue, unless you return to work and earn more than $940 per month, or your medical condition has improved significantly. SSI benefits will discontinue if your income is no longer below the income criterion. If you are confused about returning to work in some capacity and how that may affect your benefits, it would be wise to contact a social security lawyer.