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.
va. gov.
Q: Can I employ a lawyer to help me?
A: Veteran Affairs has some laws that help a lawyer to know when he or she can represent you for a fee, and when he or she cannot. Some attorneys will represent you on a Pro Bono basis, meaning they wont charge you, and others will have you sign a Contract with a fee stipulation. You should contact a local attorney’s office for more information and specifics regarding your claim.
Q: Will SSA pay me to care for my disabled spouse?
A: Not usually. While the SSA will provide social security benefits to the spouse of a disabled person who qualifies for social security, there are strict conditions. Normally, benefits are not offered unless the caregiving spouse is responsible for the care of a dependent under 16 (or disabled) child.
However, there are programs available that offer payment to caregivers. Medicaid is an example.
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Most applicants can submit their application for initial review without any difficulty. Those individuals who may have difficulty meeting deadlines, gathering appropriate information or are confused about the forms should consider hiring a social security attorney. A lot of applications are denied after the initial review process. By making sure you submit all the required information and forms within deadlines and correctly, your case has the best chance of being reviewed fairly. If you are confident you can do this independent of legal representation, then you may not need a lawyer.
Do not make any unnecessary purchases, especially large ones. Regardless of what you can afford now, resist temptation to spend. Put any money you save by cutting discretionary spending aside to help you through the time it may take to reach a decision about your social security disability claim. Mandatory expenditures can sometimes be adjusted to allow flexibility during the waiting period. Some utility companies, for example, offer low income energy assistance programs.
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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. ) A periodic CDR will give the disability examiner current information on your medical condition, treatments and status. 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.