Do You Need a Social Security Lawyer to Apply for SSDI?
Posted by admin on Jul 23, 2009
Q: Is my application for disability insurance more likely to be approved if I have a social security lawyer?
A: Having a social security lawyer on your side does not assure that you will be awarded social security disability benefits. If you have a social security lawyer, you can be confident that your case will be properly and fairly reviewed. Only a small percentage of disability claims are awarded after that initial and reconsideration review processes. If your claim is denied, you will want to appeal and have your case heard before an administrative judge. To undergo the hearing process, it is recommended that you hire a social security lawyer. An attorney will know how to navigate the process and assure that all the appropriate paperwork and deadlines are met prior to a hearing. If you are awarded benefits after the hearing process, your social security lawyer will walk you through applying for retroactive benefit payments and assure the correct onset date is established. You can certainly choose to represent your claim yourself. Most people, however, seek an attorney to help them through the process to assure that everything is completed fairly and correctly.
Q: If you were absent from the scheduled hearing for a disability appeal, will you be denied benefits?
A: Being absent from a scheduled hearing is not recommended.If a hearing was missed for a legitimate reason, you should be able to reschedule. Emergency and unexpected circumstances are the only reasons that will be accepted. For example, you had a medical issue, were ill, had a family emergency or were unable to physically get to the location of the hearing. If you did not know you had a hearing because you did not receive notification, contact your claim representative immediately. It is important that your claims representative at Social Security has all your current contact information, so that mailed notifications will be sent to your correct address. A social security lawyer would have assured that you knew about your scheduled hearing. A notice of hearing date is sent to your lawyer and you. If you knew about your scheduled hearing and missed it on purpose, your claim is in jeopardy of being dismissed. You will then have to reapply for disability, if that occurs. If you do not yet have a social security lawyer, it would be wise to hire one to help you through rescheduling and the subsequent hearing.
Q: Are SSDI and SSI the same thing?
A: Social Security Disability Insurance and Supplemental Security Income are two different programs. Individuals who have contributed to Social Security via their paychecks and, consequently, earned enough work credits are eligible for Social Security Disability Insurance. Supplemental Security Income (SSI) is based on financial need. SSI is not based on work history.
Does the Attorney Receive His Payment from Your Social Security Benefits?
Posted by admin on Jul 22, 2009
Q: Once you reach retirement age, do you get social security benefits from both the social security retirement program and the disability program?
A: You will not be entitled to collect disability and retirement benefits simultaneously. You will receive retirement benefits in lieu of disability benefits, when you reach the retirement age criterion. The amount you receive in social security benefits, however, will remain the same. The conversion will happen without the need to apply for anything.
Q: Are you in jeopardy of losing your social security benefits, if a review of your case is currently being done?
A: Social Security regularly reviews all disability cases that receive benefits. Ideally, the agency is supposed to do that every 1, 3 and 7 years. Since there can be a backlog of cases, the reviews may not happen for a year or two after they are supposed to. 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. The reviews are normal. Just because your file is being reviewed does not mean you are in jeopardy of losing your social security benefits. To assure that Social Security has the most recent information about your medical condition and its impact on your employment, a periodic review is done. The majority of social security benefits claims that are reviewed are awarded continuing benefits. For benefits to be discontinued, medical evidence must prove that the injury has improved enough to allow the claimant to return to work above a sustainable level. If you do not have recent records of medical treatment, Social Security may request that you receive a medical exam as part of the review. A request for a medical exam should not cause you any worry. The purpose of the exam is to assure your case has current and thorough data.
Q: If you are not awarded disability benefits, how do you pay the lawyer that represented your case?
A: Social security lawyers receive payment after a claim receives approval. The lawyer payments are established by Social Security. One quarter of the amount you receive in backpay will be paid to your attorney. Even if you are awarded years and years worth of retroactive benefits, the maximum amount your attorney can receive is a little over $5000. Your lawyer does not collect any fee if you are not awarded benefits.
Getting By After Submitting Social Security Benefits Claim
Posted by admin on Jul 16, 2009
Q: While you are awaiting a decision on a disability application for social security benefits, how are you supposed to support your family?
A: The application review process for social security benefits can take anywhere from a few months to few years. Claimants are told to expect a 90 to 120 timeframe for an initial application to be reviewed. A large number of initial applications are not approved after the first step. Most claimants who are denied choose to take the next step and have their case reconsidered and, if necessary, appeal for a hearing. Appeals will make your wait even longer. By the time a claimant has his case heard before a judge, he has often been waiting 2 years. Unfortunately, it is almost impossible to anticipate the length of time it will take for a decision to be rendered on a claim for disability benefits. Since most people cannot work while awaiting a decision about their application for social security benefits, getting by financially can be a hardship. If you are able to work in a limited manner, you have to be aware of the impact it may have on your case. There are limits to the amount of income you can bring in. Unfortunately, no matter how small the workload, be aware that it could influence how your injury or condition is viewed by the reviewer. Regardless of whether you pick up work while awaiting a decision about your social security benefits, it is wise to take action now in case your claim takes longer than originally expected. Get rid of discretionary budget items and, instead, set aside the money. If you own your home, consider refinancing the original mortgage to free up funds. If you currently rent, look into finding a less expensive property. Contact family and friends who may be able to offer short term financial support. Submit applications for public assistance programs. Many gas, water and electric companies provide assistance to their customers in need, as well. Many medical billing departments will work out payment plans, if they know your particular financial situation. There are many non profit organizations that also provide assistance. Some groups pay for prescriptions for those who qualify.
Q: I live in Florida, currently collect disability social security benefits and am in danger of having my home foreclosed. What should I do?
A: You may be eligible for an exemption from Florida. An exemption will lower the assessed value on your home by up to $50,000. Apply for a disability exemption.