All Disability Social Security Questions…We Have The Answers
Posted by admin on Aug 31, 2009
What can I do if the SSA finds that I am no longer disabled and wants to cut off my Social security benefits?
All disability cases are subjected to regular reviews by the Social Security Administration. The time period between reviews are slightly different depending on the member’s medical condition. If the member is expected to recover, a review will be done in 6 to 30 months’ time. If there is a chance that the condition will improve, a review will be done in 3 years. If the member is determined to have a permanent medical condition, the review will be undertaken after 5 to 7 years have passed.
When the time for the review comes, the case will be forwarded to the Disability Determination Services department in order to determine the member’s continued eligibility for Social Security benefits. The member will go through an interview process and will be asked about his or her condition since being granted Social Security benefits. A medical examiner will then determine the present state of the member’s medical condition. If it is determined that the member is able to return to work, the Social Security benefits will stop.
If you disagree with the findings of this review process, an appeal may be filed with the office of the Social Security Administration. You may then be asked to attend a hearing, upon which time a reconsideration decision will be made. If the decision to discontinue your Social Security Benefits still stands, you may make an appeal in a federal district court or present your case before a judge of administrative law.
Will SSA pay me to care for my disabled spouse?
While the SSA does not pay caregivers of disabled spouses directly, they may be able to receive benefits of their own. These benefits are given monthly and can be equal to 50 percent of the disabled spouse’s benefits. It is important to note however that the SSA imposes a limit to the amount of social security benefits that a family can receive.
The VA found me disabled. Won’t SSA come to the same conclusion?
One of the main differences between the SSA system and the VA system is that the SSA does not place percentage levels on disability. This means that while the VA system can find an applicant only partially disabled and therefore be eligible for benefits the SSA may determine that no disability exists.
Children are eligible for Social Security benefits when they are:
• Single,
• Under 18,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or are disabled and over 18 years old, with their disability having begun before age 22.
Q: Can my children obtain SS benefits under my account if they do not live at home with me?
Whether or not your children can receive benefits will depend on your specific relationship 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:
• The child is your legitimate, natural child
• The child is your legally adopted child
• The child is your natural, recognized, but unlegitimized child, and either a court has made a determination of support, or you regularly contribute financially to support the child.
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:
• Evidence that the child is eligible as your dependent under other programs (state and federal)
• Previous tax returns in which you claimed the child as a dependent
• Records that you made periodic payments for the child
• Other evidence of the child’s dependence
Financial dependability (and eligibility for social security benefits) of a stepchild, on the other hand, will only determined when that child lives with you and shares with you a parent and child relationship.
Children are eligible for social security benefits under the account of a parent, step parent, or foster parent that is either disabled or retired (and therefore eligible for Social Security benefits). Children can also be eligible for benefits under the account of their guardian if he or she has died after working and paying enough social security taxes to earn benefits.
Children are eligible for Social Security benefits when they are:
• Unmarried,
• Under 18,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or are disabled and over 18 years old, with their disability having begun before age 22.
Q: Can my children obtain SS benefits under my account if they do not live at home 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. In order to be eligible for social security benefits, your child must depend on you financially.
Q: When is it recommended to submit an application for disability benefits with the Social Security Administration?
A: You should apply for benefits as soon as you become unable to work due to your injury. Although the current estimated time of application processing is 90 to 120 days, it is not uncommon for the process to take over 6 months. That is why you should apply for benefits as soon as possible. The process will take even longer, if your case is not initially approved and you wish to appeal. Seeking the counsel of a social security attorney may be helpful, if you are confused about how and when you should apply.
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The main cause of delays in the review process is absent medical records. Although medical data is what the claims examiner will use to determine your eligibility for disability insurance, you also want to make sure you have completed the application and any other required forms correctly and on time. Your claim will appear solid, if you have provided all required paperwork and your doctor and medical records support your decision to apply for insurance.
Q: If you are denied social security disability benefits after the initial review, what do you do?
A: The next step is to file an appeal. Do not simply submit a brand new application.
is one that comes up often. Even with a competent Social Security lawyer on your side, the process can still take an excessively long time. While it is understandably quite frustrating to be out of work and at the same time unable to claim any benefits, the huge backlog of Social Security cases results in this inordinate delay. Social Security cases are typically processed on a first come, first served basis, which means that you have no choice but to wait it out. In extreme situations, the claims process can take as long as eighteen months and even up to two years.
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