If Your Case is Denied After Reconsideration, Do You Need a Social Security Attorney?
Posted by admin on Dec 30, 2009
Q: What happens at the first interview after you apply for disability through social security?
A: The first thing that will happen after you file for social security disability is the scheduling of the initial interview. The purpose of the interview is to provide the disability examiner assigned to your case with the basic background about your case and you. Your social security attorney will make sure you have all the applicable information and documentation for that first meeting with social security. You may not plan to hire a social security attorney, in which case you should get organized and assure that you arrive at that interview with all the necessary items. Some sort of photo identification, like a drivers license or passport, is required. You will have to answer some questions regarding your identity, if you do not currently possess a picture identification card. Make sure you have a certified proof of birth document. Take proof of marriage, if applicable. Similarly, bring documentation that provides proof of any additional dependents. If you served in the military, bring your separation documents. Years of service can often positively affect your benefit payments. Once all the identifying data has been collected, the interviewer will ask you about your work and injury. Be prepared with supporting documentation about your medical condition. Provide contact information for all your treating physicians. Finally, provide supporting documentation and details about your employment for at least the past decade. Hours worked and salary should be included. Again, if you plan to hire a social security attorney for the application process, it would be wise to meet with him or her prior to the initial interview. Having a social security attorney is not required for any part of the disability application process, but you will want to assure you come prepared to the first meeting. By assuring you have all the required documents, you can decrease the chances that your application will be delayed.
Q: How do you file an appeal if your application for social security disability is denied?
A: The next step after a claim for social security disability benefits is not approved is to make a request for reconsideration. Paperwork for reconsideration must be submitted no later than 60 days after the date of denial for your particular case. If you do not file within that timeframe, you will likely have to begin the application process from step one again. You do not necessarily need a social security attorney, but having such an advocate can be helpful during reconsideration. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. It is recommended that you have representation of a social security attorney during the hearing process. A claim must first be reconsidered before an appeal for a hearing is made.
Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?
A: The major snare for disability benefits appeals is to miss deadlines. All reconsideration paperwork must be submitted within 60 days of the date of denial of the application. The expertise and experience offered by a social security attorney can be invaluable, if you are confused about appealing your claim.
Are the Services of a Social Security Attorney Required?
Posted by admin on Oct 24, 2009
Q: When should you submit your application for disability insurance?
A: It is the most advantageous to apply for benefits as soon as possible after the onset of your condition. Should your application receive approval, you cannot actually collect your first payment until you are into the sixth month of your injury (social security will determine an “onset” date for your injury). The onset date is the first day you were unable to work due to your condition. The evaluation time for the average initial claim, however, is 3 or 4 months. If you delay submitting your application, you add more time to how long you have to wait to receive your benefits even though you may be eligible. You will be able to receive retroactive benefits, even if you wait to apply. No one can receive benefits for the 5 month waiting period. But the longer you wait to apply, the longer you wait for your first check. A social security attorney can be an invaluable source, if you are having difficulty applying for disability benefits.
Q: Can you receive Medicaid and social security disability?
A: A person who is approved for social security disability insurance (SSDI) is eligible for Medicare. An individual cannot receive Medicare benefits until two years after the date of onset of the condition plus five months (the waiting period mentioned in the previous question). Those who collect SSI can apply for Medicaid. The distinction can get a bit confusing for those who may collect both SSI and SSDI for a certain period of time. An individual in this situation should call the social security claims manager for his particular case to determine eligibility for Medicaid and Medicare. If you believe you are eligible for certain benefits and have not been approved, you may wish to seek counsel from a social security attorney.
Q: Do you need a social security attorney if you plan to appeal your claim?
A: You do not need a social security attorney to apply for disability insurance, have your case reconsidered or appeal for a hearing. If your initial application is denied and you plan to appeal for reconsideration, however, you may wish to hire a lawyer. Most cases that are reconsidered are denied and are then appealed to be heard before an administrative judge. Most cases that are approved after they are heard before a judge are represented by a social security attorney. The knowledge and expertise a social security attorney can bring to the hearing process can be invaluable.
Is Your Child Eligible for Social Security Benefits?
Posted by admin on Jan 3, 2009
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. In order to be eligible for social security benefits, your child must depend on you financially. 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:
• He or she is your legitimate child
• The child is your legally adopted child
• He or she is your natural but illegitimate child for whom a judge has issued a determination of support, or for whom you make regular financial contributions.
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)
• Old W2s and other tax forms showing that you claimed your child as a dependent
• Bank records, cancelled checks, etc., showing that you made regular payments on behalf of or in support of your child
• Other evidence of the child’s dependence
Your Children’s Benefits Under Your Social Security Account
Posted by admin on Dec 29, 2008
The Social Security Administration provides more benefits to children than to any other group. Children can receive social security benefits under the account of a guardian (that is, a parent, step parent, or foster parent), that is either disabled or eligible for Social Security due to retirement. They are also eligible if said guardian has died after paying social security taxes a long enough period to qualify their survivors for benefits. Tampa social security lawyer
Children are eligible for Social Security benefits when they are:
• Unmarried,
• Less than 18 years old,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or, over the age of 18 and disabled before the age of 22.
