Bring these Questions to Your Social Security Lawyer
Posted by admin on Sep 9, 2009
Q: If I get Supplemental Security Income benefits, will my children get them, too?
A: When applying for Social Security (whether you work with a social security lawyer or navigate the process on your own), you need to keep in mind the differences between Social Security Disability Insurance and Supplement Security Income, or SSI. One major difference is that, while children may sometimes be eligible for benefits under Social Security Disability Insurance (talk to a social security lawyer for details), under SSI they will not. Because SSI is considered to be a need based program, dependant benefits are not offered.
With Social Security Disability Insurance Benefits, however, you may be able to obtain benefits for your minor children. Your dependent children’s ability to get benefits will generally be based on your past earnings. Not all of those who apply for Social Security Disability Insurance Benefits qualify for dependents’ benefits. Those without a sufficient earnings history might not be approved. Talk to a social security lawyer for details.
Q: Can I still get SSI benefits if I have money in the bank?
A: Any social security lawyer will tell you: because SSI is a need based program, all resources and income will be counted towards qualification. Put simply, those that receive SSI benefits do not have much money or many assets. Every state in the U.S. has its own general rules about qualification for SSI, and a social security lawyer should be able to help you with the general rules behind what is considered a “resource” in your state.
See below for some of the things that are generally considered a resource, and which will be considered a part of your income.
• Coins and Currency
• Money in the Bank
• Stocks and other Investments
• Real Estate
• Life Insurance Policies
• Vehicles
• Owned Property
Though it is possible to be approved for SSI if you own a vehicle and one home, owning too many assets or “resources” can reduce your chances. In order to be approved for SSI, you must generally have less than $2000 in a bank account for a single person, or less than $3000 for two people. However, you will want to talk to a social security lawyer about the specific requirements for your state.
Q: Will they take away my benefits if I sell my house and make money off of it?
A: The answer to this question will vary from case to case, and it is a good idea to speak with a social security lawyer in this situation. If you do make money from the sale of a home, the amount of money you make will be the deciding factor in the effect on your SSI. If the profit from your home takes you over the “allowable value” of your resources at the beginning of the month, you will not be eligible for benefits for that month. And if that money stays in your possession into future months, your approval to receive SSI benefits may be questioned. If you are planning to sell a home, it is a good idea to consult a social security lawyer to understand how that sale may affect your benefits.
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.
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.
All Your Questions Answered About Hiring A Social Security Lawyer
Posted by admin on Jun 18, 2009
There are many ways by which hiring a social security lawyer can be beneficial to you. Many people who apply for Social Security disability benefits without the help of a social security lawyer will often have a difficult time with the process, putting even more burden on an already difficult situation. Since the application process for such benefits are often determined by a points system, a qualified social security lawyer can make things easier and simpler. With the many different kinds of Social Security disability benefits available, a social security lawyer can help you sort through them and help find the one that best fits your needs. A social security lawyer will even be able to guide you through the qualification process.
There are actually a few disability benefits offered by the Social Security system. The rules for each one can be quite complicated, which is why hiring a social security lawyer can be helpful. A social security lawyer will be able to tell you the differences between each one and which will best suit your needs. This article will go into detail about two types of benefits in particular; Social Security Disability Insurance or SSDI, and Supplemental Security Income or SSI. Your eligibility of SSDI is dependent on your work history and disability, while SSI takes into consideration disability, as well as your income, old age or blindness.
Your social security lawyer can help you apply for SSDI if your Social Security fees are paid, and you are suffering from a physical or mental condition that prevents you from working. People who have been disabled for 12 months, anticipate being disabled for 12 months, or expect death to result from their condition can also apply for the program. Keep in mind that you do not have to wait for 12 months before filing your claim, if you expect to be disabled for that long.
There are situations wherein the Social Security office will overpay you. Again a social security lawyer can help you with this situation, especially if the error lies with the Social Security Administration and you are asked to pay back the overpaid amount, in which case you may want to file for a waiver. If your request for a waiver is denied, you may have your social security lawyer represent you in an appeal process that will determine whether or not you will have to pay back the overpaid benefits.
Disability and Social Security Benefits
Posted by admin on Jun 15, 2009
Do you qualify for social security benefits? The regulations can be labyrinthine, and trying to puzzle them out can be an exercise in frustration. To work out which disability benefits you may be able to receive, and to find out whether you will be able to earn an income while receiving disability, read on.
Can I get partial disability through SSA?
No, Social Security does not offer disability benefits to people with partial or short term disabilities. Social security benefits are available only to applicants who are completely disabled and whose disability is considered likely to last at least a year. (Note that as long as your highest possible income is below an SSA determined level, you may work while collecting disability benefits.)
I cannot work as long as before or at the same skill level, so although I still have a job, my income has dropped. Can I still file for social security benefits?
Yes, if your income is lower than a certain SSA determined level, you are eligible to file for disability benefits. Social Security changes the maximum income level yearly. You can find the current limit in the official SSA web site or in official SSA booklets.
However, be aware that your earnings in your current job are not the only earnings the state agency will take into account. If you can move to another line of work and in so doing raise your income above the approved level, you will not be considered eligible for disability benefits. The state agency will take into account your medical condition, education, skills, work experience, and age when determining whether you could move to another job, so you will not be required to do work that you are not well enough to do or that you have not been trained to do.
My doctors say there is no treatment that can help me, so why do I have to keep going to doctors?
In the beginning, the state agency that handles your social security benefits will request that you go to doctors several times in order to get a complete evaluation of your medical condition. Your regular doctors may not be able to perform necessary tests or have equipment that is necessary to evaluate you, so you may need to visit another doctor to complete the evaluation. The state agency may help you to find the specialist you need.
Once you are determined to be disabled, you will need regular examinations to determine the progress of your medical condition. Not all disabilities are permanent; you may improve enough to return to work, even if there is no medical treatment that can speed your improvement along.
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.
Do I Need a Social Security Lawyer?
Posted by admin on Jun 4, 2009
Q: When will I receive my first check?
A: When your disability case was given approval, the Social Security board in your particular state decided when your injury first prevented you from working (known as “date of onset.”) Five months following that determined onset date, you will be allowed to collect your first benefits. You will actually not be paid until your sixth month, since all payments are distributed at the end of the month. No benefits will be paid for those first five months. It is possible to be paid retroactively, if it is proven that your condition was present prior to your application for disability benefits. Back payments can be made retroactively for up to 12 months. If you believe you are eligible for back payments, you may wish to seek counsel from a social security lawyer to help you apply for retroactive benefits. There are many applicants who do receive back payments for benefits, since the process of applying for benefits can often take quite a while.
Q: Are my dependents eligible for benefit payments?
A: Payments to dependents are determined by the amount of your Social Security contributions. In some cases, children are eligible for up to 50 percent of the amount of benefits you receive. There is a cap on the amount for which dependents are eligible. As previously mentioned, that amount is dependent upon how much you have contributed to Social Security over your time in the workforce. Your child must be unmarried to qualify. He cannot be older than 18, unless he is a student (students cannot be older than 20 to be eligible.) If you currently receive Supplemental Security Income (SSI) benefits, your dependents are not eligible to receive benefits under your claim. If you have any questions about qualifications for dependents, you may wish to contact a social security lawyer.
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.) The CDR is undergone to update your file with the latest medical records and to determine if your condition has improved significantly. 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. Benefits typically continue, unless you return to work and earn more than $940 per month, or your medical condition has improved significantly. SSI benefits will discontinue if your income is no longer below the income criterion. If you are confused about returning to work in some capacity and how that may affect your benefits, it would be wise to contact a social security lawyer.
Getting By While Awaiting Social Security Disability
Posted by admin on May 14, 2009
Q: If I cannot work, how am I supposed to support myself while applying for social security disability?
A: It can take quite some time for an application for social security disability to go through the review process. Supporting yourself while you wait can be quite stressful. Given the duration some claims take, it is vital to examine and adjust your budget when possible. Try to eliminate all spending that is not mandatory. Regardless of what you can afford now, resist temptation to spend. Try to put savings away for the sole purpose of supporting you through the long wait that may happen with your social security disability application. Mandatory expenditures can sometimes be adjusted to allow flexibility during the waiting period. Some gas and electric companies have aid programs for those with limited income to help pay for winter heating bills. Refinancing a mortgage or other loan to free up funds can be an option. Additionally, many individuals find that they can rely on friends and family for short term loans or other support. Look into aid programs to help with doctor bills and medication. It is important that you do not stop your medical care. Many charities offer assistance to pay for medications. Look into state health assistance programs. You can also go to a free clinic program for certain things. Talk to your doctor about restructuring payment plans. Knowing that you are applying for disability, billing departments are more willing to work with you. Filing for public assistance programs can also be helpful. Some states offer assistance loans that you must pay back once you receive a decision on your social security disability claim. Section 8 housing aid or food stamp programs may be helpful if your wait is long. If you are in financial dire straights, you might consider talking to a social security attorney. You may be eligible for dire need assistance with social security. Dire need status can grant you financial assistance and help your case be processed more quickly.
Q: Can you go to the Social Security office to submit your social security disability application?
A: The three methods for filing for social security disability benefits are in person, via the telephone or via the internet. Most people believe handling it in person is the most advantageous. Meeting with your claims representative will give you one on one communication. The meeting will be your first opportunity to provide background on your claim and medical condition, and the disability case manager will get to see how your condition currently affects your ability to function. This initial meeting sets the stage for the rest of process. Call the toll free number (800) 772.1213 for Social Security and ask for an appointment to submit your application for social security disability. Social Security will send you written notification of the appointment time and date.
Q: When should you expect notification of a decision on a social security disability case?
A: Decisions on some cases are reached within a few months, while others are not reached for years. The average time for a complete application to go through the initial review stage is 3 months.