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.
Love the blog. I read your blog every day.
This blog is rockin. I found this helpful.
Liked your blog. Totally great.
Great stuff.
Q: Why do I have to see a social security medical examiner after I apply for disability?
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. The representative assigned to your file asks for the consultative examination. If you are currently undergoing a hearing on your case, the judge may also request it. A CE is usually requested for two reasons.
Q: If your application for disability is denied, what is the next step? And do you need a social security lawyer?
A: The next step after an initial claim for disability benefits is denied is a reconsideration. Having a social security lawyer on your side as you undergo reconsideration can be extremely beneficial, especially if you are once again denied. 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 some cases, children are eligible for up to 50 percent of the amount of benefits you receive. There are limits to how much your family can collect. And again, how much your dependents are eligible to receive is based on your Social Security earnings history. 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.
Ideally, the agency is supposed to do that every 1, 3 and 7 years. The claims representatives may be a bit behind, depending upon the number of cases he has to review, which can push the schedule a bit. That is why you hear of some cases that have not been reviewed for years after initial approval. You should not worry if you have been notified that your file is undergoing a continuing disability review. A review is supposed to be done.
I liked reading this post.