Questions People Bring to a Social Security Lawyer
Posted by admin on May 12, 2009
Q: What should I do when Social Security says I’ve received overpayment?
A: A social security lawyer will tell you to expect to receive a Notice of Overpayment from the SSA if they feel they have paid you too much. This can happen for a variety of reasons, such as a failure to report a change in your lifestyle or status to the Social Security Administration. It can also happen when Social Security does not process your change in status quickly enough, and delays the change in your monthly check.
You may want to speak to a social security lawyer about your options, but in general, there are three different things you can do when you receive a notice of overpayment. First, if you believe the overpayment is incorrect, you can ask for a reconsideration. This means you will request that the SSA take another look at your case, and perhaps meet with you to speak with them (in which case you may want to speak with a social security lawyer).
Another option is to ask the SSA for a waiver. Requesting a waiver means that you admit that you were given overpayment, but you can’t pay the SSA back. A social security lawyer or advocate will likely suggest this if the overpayment wasn’t your fault. If, however, you believe that the overpayment was your responsibility, you can set up a payment arrangement with the SSA. Social Security will generally allow you to make repayment in installations. You may want to speak to a social security lawyer to learn more.
Q: I am legally blind. Am I eligible for Social Security Disability?
A: If you speak to a social security lawyer, he or she will give you this simple answer: maybe. If you are legally blind, you essentially follow the same rules as applicants with other disabilities. You will be considered legally blind if your sight cannot be corrected to 20/200. Even those that do not fall under the category of legal blindness can receive some benefits. You may want to speak with a social security lawyer about qualifying as legally blind.
The SSA has special guidelines when working with legally blind applicants. Because being blind is so debilitating, many legally blind applicants can receive higher benefits than those with other disabilities. As of the year 2008, the highest benefit for the blind was $1,570 monthly. You may want to speak to a social security lawyer to understand how this affects you.
Q: Do I have to wait 12 months before I file for SS benefits?
A: Here’s the simple answer: no, you don’t. A social security lawyer will tell you that the SSA defines disability as an inability to make a gainful income due to a disability that is either fatal, or has lasted 12 months, or is expected to last at least 12 months. You may take this to mean that you have to wait until you have been disabled a year to apply; but you should not. Any social security lawyer will tell you to apply for benefits from the first day of your disability.
Should You Be Concerned If Claims Representative Will Only Give Information to Social Security Lawyer?
Posted by admin on Apr 11, 2009
Q: If you become employed part time, do Supplemental Security Income payments continue?
A: SSI benefits are intended for those with limited resources and income. Your SSI payments could stop or simply be decreased, once you have employment income again. If you earn more than the amount Social Security deems as Substantial Gainful Activity, your SSI benefits may be in jeopardy. That amount for 2008, for example, was $940 per month before taxes. It is important that you report all your earnings to Social Security. You will have to pay back any over payments from Social Security. If you have the desire and ability to work in any capacity, you should not hesitate to pursue that. Purposefully keeping your hours low for the sole purpose of continuing SSI benefits can be considered fraudulent. If you have any reservations about returning to work because of loss of SSI benefits, you may wish to contact a social security lawyer.
Q: Should you be concerned if Social Security prefers to communicate with your social security lawyer instead of you?
A: The disability case manager will probably wish to deal with your social security lawyer. You should not be concerned if this is the case. The social security lawyer you hired is your advocate and works only on your behalf. Communicating with both you and your social security lawyer can result in miscommunication. You and your attorney are a team. You should be in frequent contact with your social security lawyer regarding your case. That is why you hired representation.
Q: Can an individual be awarded benefits through the VA and SSDI?
A: An individual is eligible to be awarded disability with the Veterans Administration and the Social Security Administration. Any veteran who became disabled after September 30, 2001 is entitled to expedite his application for social security disability benefits. Although the accelerated process should happen without any added paperwork, it is wise to make sure your case manager knows you expect it. If you have a social security lawyer, have him handle it for you.
Making A Case For A Social Security Lawyer
Posted by admin on Mar 24, 2009
If you are currently suffering from a disability, a disease, or any type of medical condition that prevents you from working, you are possibly eligible for Social Security Disability benefits or SSD. SSD is a program of the government that is intended to provide monthly cash benefits to people who fit into the category of “totally disabled”. To be granted these benefits, an applicant will have to fulfill the following requirements: he or she must be suffering from a medical condition that prevents the pursuance of work, or that is expected to result in death.
It is important to note that there are many factors that will determine if you are eligible for Social Security Disability benefits, with concerns such as how old you are, how much education you have had, your work history, and your compliance with the terms of your medical treatment being some of them. Hiring a social security lawyer may prove to be very beneficial to you when filing your claim, since conforming to all of those requirements does not necessarily guarantee that you will be approved.
A social security lawyer can collect information that will help prove your eligibility for SSD. The process of getting your Social Security Disability benefits can take a very long time, and you will have to fill out a lot of documents as well as submit to an interview with a representative from the Social Security Administration. A good social security lawyer will also be useful to you when you are denied a claim, and will therefore have to make an appeal for reconsideration before a judge. When you consider that many SSD applicants are often denied benefits two times or more, and the appeals process can take up to two years to complete, the reasons for hiring a social security lawyer become even more apparent. A social security lawyer can speed up the appeal process and get you your benefits in a shorter period of time.
When you do hire a social security lawyer, it is important to treat your claim as the serious case that it is, and to follow his or her advice to the best of your ability. Many social security lawyers have had difficulties with clients that do not fulfill the terms of the medical requirement prescribed by their doctor. This in turn will make you more likely to be denied the benefits that you are seeking.
It is important to consider your social security lawyer as your most effective ally in your quest to receive Social Security Disability benefits. Helping him or her out to the best of your abilities will greatly benefit you in the end.
Can A Social Security Lawyer Help with a Request for Reconsideration?
Posted by admin on Mar 22, 2009
Q: Should you have a social security lawyer if your disability claim was denied?
A: Having your case reconsidered is your next option if you were not approved for disability after the initial review process. It may be wise to seek the counsel of a social security lawyer if you plan to have your claim reconsidered, since many claims must go on to the hearing process. You will need to submit all the required paperwork within 60 days of when your claim was denied. If you do not submit the paperwork in that timeframe, you will likely have to start the application process all over again. Most claims are denied during the initial review process. In fact, most of the disability claims that are awarded are done so after the hearing process. You cannot, however, request a hearing until your claim has been through the reconsideration process. For that reason, make sure that you do not ignore the 60 day time limit to submit the paperwork for your case to be reconsidered. As previously mentioned, a social security lawyer can be a tremendous help, as your claim navigates both the reconsideration and hearing processes.
Q: Once you have requested a hearing, how much time does it take?
A: Once your claim for social security disability benefits goes to the Office of Hearings and Appeals, it may take quite some time until a hearing is scheduled. It can take a year or two until a hearing is scheduled. The time it takes to schedule a hearing varies from state to state and is affected by the number of claims that are currently in the hearing process. Make sure you make a hearing appeal as soon as you receive notification that your appeal for reconsideration was denied. If you do not already have a social security lawyer, it would be wise to seek one to represent your case during the hearing. A social security lawyer will assure that your case has been properly prepared and will be presented comprehensively during the hearing.
Q: Should you be concerned if you have not heard anything after a hearing request has been made on a social security disability claim?
A: It is not uncommon to hear little from the Office of Hearings and Appeals for long periods of time. Notification will usually be received to acknowledge the hearing appeal, when a hearing date has been set and when a decision has been made after the hearing. Claimants in some states may also receive an exhibit list, which provides details of everything in your file. A social security lawyer is your best advocate if you are having any difficulty with the hearing process.
Your Social Security Disability Benefits Options
Posted by admin on Mar 9, 2009
Q: Should I make my claim for social security disability under my own account, or under the social security account of my spouse who recently passed away?
A: Of course, for most people applying for social security disability, your objective is to receive the highest payments you can. In some cases, you will receive the most generous payment by applying under a deceased spouse’s SS account. In other situations, the greatest social security disability payment will come from applying under your own account. Either way, you have to choose which payment is highest, as you cannot have both.
When deciding if you want to apply under a spouse’s account or your own, calculating the highest social security disability payment is an obvious first step. It is best to check with the SSA to determine what those payments might be. Depending on your age, level of ability or disability, and your years of work, it is possible to receive higher payments on your own, or via a deceased spouse’s account. In the case that you do choose to claim survivor’s benefits, you will receive your spouse’s full social security disability benefits when you reach retirement, or when you reach the age of 50 and are disabled. If you are not disabled, you can get anywhere from 71 to 99 percent of your spouse’s benefits before you reach retirement, as long as you are 60 years old or older.
Q: I am receiving social security disability but I want to apply for SS retirement.
A: In most cases, a person currently receiving social security disability benefits will automatically receive retirement benefits when they reach full retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer. Speak to the SSA or a social security disability lawyer for more information.
Q: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?
A: While you may hear plenty of horror stories about constant rejection from the social security disability program, the truth is that not all first claims are denied. The Social Security Administration has no policy or regulation stating that all first applicants should be denied. One the other hand, it is also true that first claims are denied quite often, and that the highest success rate with social security disability claims is in appeals, not on first application.
Of all social security disability claims, about 70% are denied the first time they apply. The biggest problem with this is that many who see their claims rejected do not know what to do improve their chances of being approved on the next application. Since most social security disability approvals happen through appeal, it is key to have knowledge of the ins and out of the appeals process. Consult the Social Security Administration or a social security disability expert for more information.
Social Security Benefits
Posted by admin on Feb 6, 2009
It can be a challenge to wind your way through the labyrinthine Social Security regulations and find out which social security benefits you are eligible to receive. To smooth the process, here are answers to some of disability applicants’ most common questions.
There are no partial disability social security benefits, since SSA is designed only for people who are completely disabled and who have been (or are expected to be) disabled for at least a year. If you wish to file for partial disability, you will need to do so through a state or local program. Being denied disability benefits from SSA will not automatically disqualify you from receiving benefits through state and local programs.
However, even if you are deemed to be completely disabled, you can keep working while receiving disability social security benefits, provided you are sufficiently disabled that your work capacity is low. When you apply for disability, the state agency in charge of your case will assess your total earning capacity. If you can still work but your maximum possible income falls below a certain amount, you can still collect disability benefits. Note that the agency will consider how much you CAN earn, not how much you DO earn: If you could earn above the minimum by changing to a different job that you are trained to do and physically capable of doing, then you will be considered ineligible for social security benefits. You will not be pressured to do work you are not able to perform. The state agency will consider your experience, education, medical condition, and even age when evaluating your ability to change jobs. If you would be able to support yourself if you switched to a better job, training and job search assistance are available
Many applicants are told by their doctors that there is no further treatment for their condition, but their social security agents ask them to continue visiting doctors. If this is what you are dealing with right now, there is an explanation! First, your regular doctors may not be able to provide all of the information the state agency needs to evaluate your case. The agency will arrange for you to see a doctor who has the specialized experience or equipment necessary to complete the examination. The visit is not for treatment; it is simply part of your case evaluation.
Second, disability is not always permanent, and even untreatable conditions can improve. Regular examinations to chart the progress of your health are essential. Your health may improve enough that you can return to work, even without medical treatment.
And third, medical science comes up with treatments for “untreatable” conditions every year. Why miss out on a cure because you stopped going to the doctor out of resignation? It is a small nuisance compared to the huge lifestyle benefits you could reap.
Doctors, Employment, and Social Security Benefits Eligibility
Posted by admin on Jan 8, 2009
Q: Can I get Social Security benefits for partial disability?
A: In the world of social security benefits, there are not many clear cut answers. But in this case, the answer is a simple “no.” Though some other federal and state programs offer benefits to the partially disabled, social security benefits do not. According to the SSA, an applicant either has a qualifying disability, or he or she does not. When applying for social security benefits, you will either be considered 100% disabled or not disabled, making you either approved or denied.
Q: My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?
A: Even if a doctor cannot treat your disability, seeing a medical professional is a very important part of having your Social Security benefits claim approved. Why are doctors so important? Getting medical attention is key because the documentation it creates is a huge part of proving your disability and receiving social security benefits. For proof of your disability, the SSA will thoroughly explore your medical records. If there is little or no medical documentation of your disability, there is an overwhelming chance that your Social Security benefits claim will be denied.
When applying for Social Security benefits, the SSA considers it your own responsibility to document and track the progress of your disability. If you wish to apply for Social Security benefits, it is key to be specific and forthright about your symptoms when you speak with your doctor; even if you’re not receiving treatment. Be sure your doctor keeps track of your symptoms to give the SSA a thorough history of your disability. The more documentation and evidence you have for your disability, the better your chances of getting social security benefits.
Q: My disability allows me to work, but I cannot earn the same amount of money I did before. Can I still file for Social Security benefits?
A: Yes, you can still file for Social Security benefits. But this does not necessarily mean that your claim will be accepted. When calculating a claimant’s eligibility for Social Security benefits, one of the most important questions they will ask is whether or not your disability allows you to do the work you did previously. If you cannot do that same work, they will then try to determine whether or not you can make a substantial income in another type of position. If you work, your eligibility for social security benefits will depend on the kind of work you do and how much money you make doing it.
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.
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.