Will a Social Security Attorney Handle All the Paperwork?
Posted by admin on Jan 28, 2010
Q: What is the process your SSDI benefits claim will go through when you file for benefits?
A: Your file will be initially reviewed after you apply for disability benefits. You will have an initial interview either at a social security office or by telephone, if it has not happened yet. The purpose of the interview is to assure that you have submitted all the requisite forms and that your file contains all the necessary details for the initial review. Your file will then be assigned to a disability examiner at your state Social Security DDS office. The disability examiner for your case will obtain your medical records, review your case and meet with a consultative physician to make a determination regarding your case. At this point, you will receive notification about approval or denial for your requested disability benefits. The majority of cases are denied after the initial review process. You can then request a reconsideration for your claim. A disability examiner and consultative physician that only deal with reconsidered files will evaluate your case. Many claimants seek the counsel of a social security attorney at this point in the process. This is due to the fact that the majority of claims are not approved during reconsideration. Your next course of action would be to request a hearing. The hearing is your last chance to have your case considered. For that reason, many people choose to be represented during this phase by a social security attorney. Although a social security attorney is not required for any step in the process, it is extremely beneficial to have the expertise of an attorney during a hearing. The majority of claimants that win approval after having their case heard have had legal representation.
Q: If you have a social security attorney, do you have to do anything to file for disability?
A: A social security attorney typically handles all the paperwork after you have applied for benefits. You need to complete and submit the paperwork for your initial claim. You will also be required to personally complete information about employment history and your ability to do your usual tasks. Your attorney will assist you and make sure you complete those forms. Your social security attorney will also follow up with Social Security to make sure everything has been submitted correctly and on time.
Q: Are you allowed to apply for SSDI via the web?
A: Social Security does accept applications via their secure web page. You can download and complete the initial application, as well as the questionnaire regarding your condition and work history. A basic guide is also available on the site, to help you complete everything. To start the process, go to http://www.socialsecurity.gov/applyfordisability.
What You Should Know About Social Security Disability Benefits
Posted by admin on Jan 20, 2010
Social Security taxes are typically deducted from you with every paycheck that you receive from your employer. For most people, Social Security is used for the purpose of retirement benefits that they can avail of when they reach the age of retirement. However, there is also a certain portion of your Social Security tax that can be used for a disability plan. Federal law states that in the event of an injury or some type of illness or disease that effectively hinders your ability to work, you can claim some Social Security benefits even though you have not reached retirement age yet. These disability benefits are designed to give you a source of income when you are not able to work.
Disability is defined by the Social Security Act as the inability to engage in any income generating activity because of a physical or mental condition that can either result in death or will last for a period of not less than 12 months. For many people, the confusion stems from not knowing when they can apply for Social Security benefits and when they can start collecting payments. What you should realize is that it is important that you file for disability as early as you can, even on the day that you are disabled if possible. This is because the process can take a lot longer than anticipated, and waiting too long before you apply may mean delaying your benefits even longer, as well as risking the chance of lost benefits. Even if you hire the services of a Social Security lawyer, the entire claim process can still last a lot longer than you anticipated. Keep in mind that you will also have to be out of work for at least 5 months before you can begin to receive disability benefits.
Some people have also wondered why the entire process takes so long, in some cases lasting for more than a year. Even enlisting the help of a Social Security lawyer does not necessarily speed up the time to see a judge. 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. Since Social Security cases are processed in the order in which they come in, there is little that you can do but wait. In extreme situations, the claims process can take as long as eighteen months and even up to two years.
Even though a Social Security Disability attorney cannot get you to a hearing before an administrative law judge quicker, a good attorney will win your case before you are even scheduled for a hearing. A Social security disability attorney will know what evidence is needed to win your case and know how to take advantage of opportunities to win your claim before the hearing—as in winning the claim before the Office of Disability Determinations or writing an On the Record opinion for the judge so that she does not even have to conduct the hearing in your case. In any case, there are a number of obstacles that you have to deal with when filing for Social Security Benefits. But with an attorney your claim is more likely to be resolved in a matter of months, whereas going through the process by yourself your claim could take years.
What is the Average Review Time for a Social Security Disability Application?
Posted by admin on Jan 17, 2010
Q: Can the outcome of a social security disability case be affected by the employment record of an applicant?
A: Yes, work history is a factor for all disability claims. Determining whether social security disability insurance should be given is in part dependent upon the work a person could do, in spite of his current medical condition. The case manager is interested in your work history to determine if you are able to still perform jobs you have had before. In addition, your work history will also help the examiner for your case know if you can perform other types of work. To make social security disability claims less subjective, a set of guidelines were established to help the case manager determine the eligibility of an applicant. When determining if a person can perform a work function, the examiner will look at the functional and physical limits of the injury, how old a person is and his education. The medical vocational grid aids the examiner in establishing whether an applicant can perform a job he has had previously or other work. The medical vocational grid still leaves a lot of room for error. The limitations of a condition and the need for social security disability insurance are very difficult to fit into a simple set of guidelines. The disability examiner has to use his judgment to establish whether an applicant can perform past or other employment at a level to support himself. Your work history is a significant factor to your case.
Q: Are SSDI and SSI the same thing?
A: SSDI and SSI are disability benefits, but they are quite different in their requirements. An individual qualifies for Social Security Disability Insurance (SSDI), if he has earned the minimum amount of credits through his work history by contributing to social security through his taxable earnings. Supplemental Security Income (SSI) is awarded based on financial need. An individual does not need to have worked enough to have accumulated work credits to be awarded SSI.
Q: How long does a claim take?
A: If all the required paperwork is submitted and filled out correctly, the average time for a claim to be initially reviewed is 90 days. Lack of medical information is the biggest reason many applications take more time than the average. Assuring that your claims representative has all the required information is key to avoiding delays. If your application was denied social security disability benefits after the first review step, your next steps would be filing for reconsideration and, eventually, an appeal for a hearing. Reconsideration and an appeal for hearing will, of course, add time to your process. Many cases have been in the process for 2 years by the time they are heard.
Social Security Benefits: Some Key Facts
Posted by admin on Jan 11, 2010
Social security benefits in the United States include the monetary compensation payable to individuals under the social security system, and are administered by the Social Security Administration. Social security benefits come under various types depending upon the category of the respondent’s requirement. People who have had to sacrifice employment and its benefits on account of chronic illness, or those who have qualified for benefits on attaining pensionable age are still eligible for social security under different clauses. There are several other classes of social security benefits, which certain sections may be eligible to receive. For instance, the disability benefits are available for workers unable to continue their existing jobs, once they cross a required duration at work (calculated as credits). To address the differing requirements of different sections of the society, the Social security administration pays the social security benefits through two different programs; the Social security disability insurance program and the Supplemental Security Income (SSI) program.
Social Security pays benefits to people who cannot work or need to discontinue employment owing to a medical condition that is expected to last at least one year or is possibly fatal. However, the persons earning above a certain quantum of salary will not be considered for social security benefits. The administration’s Update (Publication No. 05 10003) stipulates the cut off amount for the present year and this amount changes from year to year depending upon the economic conditions. However, the Social Security Act does not recognize the validity of partial disability, and individuals claiming such conditions are not eligible for benefits. In case a person is unable to perform a previously held job, the administration looks for an equitable alternative for the person. The medical condition of the person, his age, educational qualifications, previous work experience and other skills are all examined to judge whether another job could substitute the previous occupation. Should such efforts prove fruitless, and the agency is unable to provide the person with an alternative to earn his livelihood, the status of the employee as disabled would still be considered by the agency. State rules are more lenient for persons over the age of 50 and some benefits may accrue if the person applies for such relaxations. The chances of getting social security benefits are also better with persons employed only part time with meagre wages and insufficient savings.
Can a Caregiver Receive Social Security Benefits?
Posted by admin on Jan 6, 2010
Q: When will your social security benefits payments stop?
A: As a rule, social security will continue to provide you with benefits for the length of your disability. A variety of situations may cause the SSA to determine that you are no longer disabled, and that you should no longer receive social security benefits. Your file will be reviewed from time to time to make sure it contains all current information and any changes to your injury or ability to work. These reviews can take place from every six months to every seven years, depending on the type of disability you have and the expectation of your recovery. At some point during the review process, it is possible for the SSA to decide that you are no longer disabled, and no longer qualify for benefits.
The SSA may also consider you no longer disabled if too much time has passed without your having seen a doctor. Remember, qualification for social security benefits is heavily dependant on documentation. If you do not have the proper documentation of your disability, your benefits may suffer. You may also be considered no longer disabled if you have returned to work and are earning at a “substantial” level. If you disagree with the evaluation of your case, it is important that you talk to a social security lawyer immediately.
Q: Will SSA pay me to care for my disabled spouse?
A. Generally, no. While the SSA will provide social security benefits to the spouse of a disabled person who qualifies for social security, there are strict conditions. Benefits are usually only awarded to the spouse if he or she is taking care of a dependent child under the age of 16.
Other aid programs and assistance for caregivers can be obtained, though. Medicaid is an example. Speak to a social security lawyer for more information.
Q: The VA found me disabled. Will the SSA come to the same conclusion?
A: Not in all cases. The VA and the SSA work with completely different systems in determining disability. While the VA may consider you fully or partially disabled, that may not translate to qualifying for social security benefits. That being said, your VA determination will be helpful for your social security benefits eligibility review process. The help of a social security attorney may be beneficial to help you through the process.
Can A Social Security Lawyer Help with a Request for Reconsideration?
Posted by admin on Dec 18, 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. Having a social security lawyer on your side as you undergo reconsideration can be extremely beneficial, especially if you are once again denied. It is very important that you provide all the requisite forms no later than 60 days after the date of your application denial. If you do not submit the paperwork in that timeframe, you will likely have to start the application process all over again. A large number of applications are not approved the first time. In fact, most of the disability claims that are awarded are done so after the hearing process. But your case must be denied an appeal to be reconsidered before you can ask for a hearing. 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. Again, hiring a social security lawyer can assure that all the necessary deadlines are met and paperwork submitted.
Q: How long will it take until a hearing is scheduled for a social security disability case?
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. Sometimes it can take up to two years before you have a date for a hearing. The scheduling delay is often dependent upon the backlog in your particular state. It is important, therefore, to not add any more time to the wait by submitting your request for a hearing as quickly as possible. 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: Do social security disability claimants receive any status updates, while waiting for a hearing to be scheduled?
A: A claimant does not often receive much communication while he is waiting for a hearing to be scheduled. 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. A list detailing all the information in your case may also be provided somewhere in the hearing process. If you have concerns about the status of your claim, contact a social security lawyer.
Should You Have a Social Security Attorney to Help with a Disability Benefits Appeal?
Posted by admin on Dec 5, 2009
Q: Do you have to have a social security attorney to file for disability?
A: You do not need to be represented by a lawyer to file for social security disability benefits. A fair number of claimants apply on their own and make it through the initial review process without trouble. You may wish to have a social security attorney, however, if you are concerned about getting paperwork in on time or do not understand the process or requirements for making a claim. A lot of applications are denied after the initial review process. By making sure you submit all the required information and forms within deadlines and correctly, your case has the best chance of being reviewed fairly. Again, many applicants that do not have a lawyer submit everything on time and without difficulty for the initial review process. Of those claimants who are denied after the first review, many choose to hire a social security attorney for reconsideration and further steps. If you plan to go through the hearing process after your claim has been reconsidered and was not approved, it is wise to have a lawyer. The majority of claimants who have appealed to have their claim heard before a judge have a lawyer on their side. Going through a hearing will be the final step in determining if you will be approved for disability benefits. A social security attorney has the experience and knowledge to assure that your claim will be fairly and appropriately adjudicated during the hearing process. Most cases that are approved after a hearing have representation.
Q: Is it better to submit a new application after your disability claim was not approved, or to appeal?
A: Assuming you submitted your application correctly, it is not advisable to start back at step one again. Most initial claims for disability benefits are not approved. Your next step is to file for reconsideration. You must apply for reconsideration within 2 months of notification of denial. If you do not submit the paperwork within that timeframe, you give up your right to appeal and have to submit a brand new application at step one. If your initial claim was denied once, it is likely it will be denied again. Once again, you will need to have your claim reconsidered and submit that appeal within the deadline. If you are denied after your case was reconsidered, you will have to move on to the hearing process. Applying for initial review a second time would have wasted your precious time. If you have any questions or concerns about meeting deadlines or recommended next steps after your claim was denied, you may wish to contact a social security attorney.
Q: Are you allowed to apply for disability insurance via the web?
A: Yes, you can apply for social security disability online. Social Security has a section on its web site to help walk you through applying online (www.socialsecurity.gov.)
Will a Social Security Lawyer Apply for Retroactive Benefits?
Posted by admin on Nov 24, 2009
Q: When should I expect to actually start receiving benefits payments for SSDI?
A: 5 months after your condition began, you can begin to collect SSDI payments. The way the billing cycles work, though, you will not actually receive your first benefits check until six months after the date of onset of your condition. If you have been awarded retroactive benefits, most claimants receive those payments in about 60 days. Remember that you will not receive retroactive benefits for the aforementioned five months you must wait to be eligible for benefits. A social security lawyer can be of valuable assistance, if you wish to apply for retroactive benefits or have not yet received your anticipated first benefits check after your 5 month waiting period.
Q: If you are rewarded social security disability benefits, are your children also eligible for benefits?
A: Certain family members may be eligible to receive benefits, as well. If your child is less than 18 years of age and is not married, he can qualify. If your child is a student, he is eligible until he turns 19. Your spouse may qualify if he is over age 61. Your spouse might qualify, regardless of age, if he is supporting your children who are 16 or younger. The payments your eligible dependents can get each month may be up to 50 percent of your benefits rate. Contact a social security lawyer, if you have any concerns about eligibility or applying for disability benefits for any of your family members.
Q: What happens when Social Security reviews my file after benefits have been awarded?
A: Social Security conducts regular reviews of all disability cases that were awarded benefits. When your claim is approved, a review schedule is set and is dependent upon the particular details of your condition. Most reviews are usually conducted every one, three, and seven years. Given the current backlog, however, reviews are not necessarily being conducted on that schedule. That means that your file could undergo a review when you do not expect it. Your file is reviewed periodically to assure that the most recent details about your condition are noted. Disability examiners are interested in determining whether your injury has improved, worsened or remains the same. If you are concerned about the results of a recent review of your file, it may be wise to seek the counsel of a social security lawyer. A social security lawyer will know how best to approach any resulting requested medical exams or reevaluation of eligibility for benefits.
Do I Need a Social Security Lawyer to Appeal?
Posted by admin on Nov 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. A social security lawyer, however, can assure that your claim will be correctly filed. A fair number of applications for disability benefits are denied during the initial review process and when reconsidered. 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 experienced lawyer knows the appeals process well and brings expertise that will be invaluable during an appeal. 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. But many claimants are not willing to take a chance and prefer to have an advocate on their side through the hearing process.
Q: If you were absent from the scheduled hearing for a disability appeal, will you be denied benefits?
A: Missed hearings are not taken lightly by the Social Security Administration.If you were unable to attend the hearing for a good reason, it is likely that another hearing date can be scheduled. Legitimate reasons are those that were not expected and emergencies. Some common emergencies include illness, family circumstances, medical circumstances and transportation issues. If you did not know you had a hearing because you did not receive notification, contact your claim representative immediately. Make sure that all representatives handling your case have your address and phone number during all reviewing processes. A social security lawyer would have assured that you knew about your scheduled hearing. The Social Security Administration sends notification to both the claimant and his attorney. The administration may dismiss your case, if you willingly failed to show up for your hearing. If your claim is let go, you will have to start the application process from step one. Consider seeking the counsel of a social security lawyer to assist you in securing a new date for your hearing and the process of the hearing itself.
Q: I am confused about the difference between social security disability insurance and supplemental security income.
A: Social Security Disability Insurance and Supplemental Security Income are two different programs. Social Security Disability Insurance (SSDI) is an earned benefit. Supplemental Security Income is awarded to individuals who have limited income and financial resources. SSI is not based on work history.
A Teachable Social Security Lawyer Can Answers All Your Questions Your Looking For
Posted by admin on Nov 22, 2009
While many people opt to handle the process of applying for Social Security benefits by themselves, there are many instances wherein hiring a Social Security lawyer can make things a lot easier. There is a large number of disability claims that are denied because of mistakes made at the beginning of the application process. The good news is that these decisions can often be reversed in favor of the applicant, once he or she hires an experienced Social Security lawyer to assist in the appeal process.
How long will it take before Medicare coverage takes effect?
If you currently receive Social Security disability benefits, you will automatically be qualified for Medicare benefits. A few months before you turn 65, or before you reach the 24th month of your disability, you will receive information about your Medicare benefits, as well as your Medicare card. In some cases, you may not be enrolled automatically in the Medicare program, particularly if you are not currently receiving any Social Security benefits. In this situation, you will have to set up an appointment with the office of the Social Security Administration. Upon receiving your application, the Social Security office will decide whether or not you are eligible for the program.
What does it mean if you are short one credit for disability insurance?
One of the requirements for being eligible for Social Security Disability Insurance benefits is that you should have received a certain number of credits for the work you have done during a specific period and you should have earned a specified amount during the ten years prior to your disability. Credits are earned every quarter of the calendar year. The Social Security Administration requires applicants to earn a specific amount in the course of a quarter. In order to qualify for Social Security Disability Insurance benefits, you should have accumulated credits for 20 quarters or more…which is equivalent to five years…during the last 40 quarters or ten years before you became disabled.
Working while you have a Social Security claim pending
Many people seem to think that they are not allowed to file for Social Security disability benefits while they are currently working. The fact is that you CAN actually apply for benefits, make an appeal, and even receive social benefits while you are currently working. It is important to note however that you must not be making in excess of $900.00 a month, which is the SGA or substantial gainful activity amount. The reason behind this restriction is that the Social Security Administration assumes that if you are able to work and earn more than the SGA, you are not legally considered disabled.