Your Family’s Social Security Questions, Answered
Posted by admin on Jan 23, 2010
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. As a guideline, your husband or wife’s legitimate child, adopted child, or illegitimate child will be considered your step child. This step child will remain eligible for benefits after the death of or divorce from their natural parent (your spouse), as long as the child continues to live with you in a regular parent and child relationship. Social security attorney.
In any of the above cases, you can provide proof of your relationship to your child. In addition, you can also decide to give evidence that you do not live in a parent child relationship with the child; that is, you neither live with the child nor support him or her financially. This will make the child ineligible for benefits. More information.
Will Hiring a Social Security Lawyer Speed Up My Claim?
Posted by admin on Jan 6, 2010
Q:. Am I eligible for disability benefits, if I suffer from occasional seizures?
A: Not all applications for Social Security disability involving seizures are approved. The two factors that determine whether you qualify are how often the seizures occur, and if you are following the prescribed medication and treatment recommended by your doctor. Seizures that are categorized as major motor seizures must happen once a month or more and must occur during the day. Minor motor seizures must occur once a week or more. You must prove that you have been following the prescribed medication and therapies recommended by your doctor. Your application for benefits will not be approved if there is any evidence that you have not been following the recommended treatments and medications. You will need to provide a copy of your EEG and copies of your medical records. A social security lawyer may be helpful in determining if your specific situation meets the guidelines of the Social Security Administration.
Q: Why does it take so long for my claim to be processed?
A: Unlike applications for other federal programs, the Social Security office has no required timeline for processing applications for disability. For applications that were complete and filed correctly, the average processing time is about 4 months. That means that within 3 or 4 months, you should be notified via letter whether or not your application was approved. Your application goes through a handful of steps as it is processed by the Social Security Administration. Once a disability examiner is assigned to your case, he must wait to receive your medical records before he can begin his review. Waiting for requested medical records is what causes most application delays. After reviewing your medical records, the examiner provides a synopsis of your case and passes it along to a medical specialist for consultation. The file will be given back to the examiner after the medical specialist provides his expert opinion. After that, a final decision about your case is rendered and you will be given written notification of the status (approved or denied) of your case. You may choose to submit your file for reconsideration, if you were not approved initially. In that case, your application will go through the same process with a different disability examiner and medical consultant. If your application is denied after reconsideration and you wish to appeal, it is wise to have a social security lawyer on your side. You may have to appear in court to defend your case.
Q: Can I speed up the process by hiring a lawyer?
A: Applying for disability with the Social Security Administration can be an arduous process. Many applications must be filed again, after they were initially submitted with errors or missing information. A social security lawyer can help you navigate the process and assure that you have provided all the necessary components for your application. This will allow you to file your claim correctly and more quickly than if you had to do it all on your own. About 70 percent of applications filed are denied. A social security lawyer may have helped in many of those cases. An attorney is usually recommended if your application is denied and you plan to appeal or have your case reconsidered.
How Much Can a Social Security Attorney Receive?
Posted by admin on Dec 27, 2009
Q: If I hire a social security attorney, is there a way to know how much I might have to pay him or her?
A: Your lawyer would only be paid if you are awarded disability benefits. Your attorney will not be compensated if your claim is not approved for disability benefits. That means that your social security attorney will do all he can to assure you win your case. Your lawyer will be awarded no more than one quarter of your back pay. There are limits to how much that dollar amount can be. Currently, that limit is just under $6000. Often the money owed to your attorney is subtracted from your retroactive benefits payment automatically by Social Security. It is possible that you will owe your attorney for other costs he or she had to take on during the process, such as ordering medical records.
Q: Do you have to have an attorney in order to be awarded social security disability benefits ?
A: It is possible to be awarded benefits without the help of a social security attorney. Most claimants can handle the first step in the process themselves. Most claims, however, do not receive approval after that first step. If you plan to appeal after being initially denied, the expertise of a social security attorney would be extremely helpful. Having your claim reconsidered is the next step after the initial review process, and a request to do so must be received by Social Security no later than sixty days after you received notification that your claim was not awarded benefits. A large number of claimants whose cases are reconsidered are not approved. The next and last step is then to file a request to have your case heard before an administrative judge. Having the expertise of a social security attorney during the hearing process can be invaluable. Most claims that are awarded benefits after being heard by a judge have legal representation. Having a lawyer on your side also guarantees that no deadlines will be missed and that your file is complete and correct.
Q: How do you make sure your social security disability application is moving through the process?
A: Making sure you know how your claim is progressing is very smart. If you have a social security attorney, he or she will do this for you. Take charge and get some updates, if you do not have an attorney. Simply contact the disability examiner for your case and ask for an update. You have the benefit of seeing that your case is going through the review cycle like it should, and you have a chance to chat with the disability examiner regarding any issues that might be delaying your claim (such as missing medical records or lack of required forms).
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.
Need Social Security Disability? Start by Getting Medical Care
Posted by admin on Dec 7, 2008
While it is possible for somebody who is not yet 50 years of age to obtain Social Security disability benefits, it is quite a bit more complicated than for somebody who is over 50 years of age. For those that are younger than 50, obtaining disability benefits is dependant on their ability to prove that there is no work they are currently able to do. For somebody over 50, on the other hand, the only proof they need to provide is that they are no longer able to have the same vocation they did during the last fifteen years.
Those people who do not have medical insurance of their own can visit Social Security doctors for evaluation. These Social Security doctors are not actually there to treat you, but to examine your case impartially and methodically. Because of this, having a record of treatment from independent (non Social Security) doctors is generally the best way to provide proof of your disability. These are physicians with real knowledge of your case and experience with your disability.
If you do not have medical insurance, there are two different places you can go for help. Your local county clinic and vocational rehabilitation. County clinics are there for people who do not have medical insurance. If you decide to use a county clinic, the best way to go about it is quietly: it is best not to tell them about your current disabilities. Why? Because underfunded county clinics often turn away those with complex medical problems, insisting that they do not have enough money to treat you. They may decide to turn you away before you even get to see a doctor. Instead of providing a long medical history, when you speak to a county clinic, simply state that you a person without medical insurance who needs to see a primary physician. Say nothing else. Then, when you get in to see the doctor, you can provide details about your condition and concerns. Often times, they will send you to specialists for your conditions and pay for it.
The Vocational Rehabilitation Program, is a state funded program designed to help people be trained to do some type of work. However, before sending you off for training, this program will check your medical history and have you checked out by doctors associated with the program. And if they feel it is needed, vocational programs may pay for visits to specialists and physicians, medicine, or even surgery on your behalf. When all this is finished, they will then decide whether or not they believe you can go to work. If at the end of the decision process the program determines you unable to work, they will then send you over to Social Security to apply for benefits. This can help your claim, because the experts in the field of getting you back to work say you cannot. At the same time, you have gotten medical treatment and medications for free. And, if a vocation rehabilitation program does decide that you are fit to work, they will help you find the employment you need. In this case, the medical records, etc., you obtained can still be used to prove your Social Security disability claim.
The truth is, it is incredibly difficult to get Social Security disability benefits if you are under 50 unless you have received medical treatment outside of Social Security. Therefore, you have to get into medical treatment as soon possible.