Doctors, Employment, and Social Security Benefits Eligibility
Posted by admin on Dec 19, 2008
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. As far as the Social Security Administration is concerned, a person is either disabled or he or she is not. With Social Security benefits, you are either disabled or you are not disabled, and therefore 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 in the case that a medical professional cannot improve your condition, seeing a doctor regularly is very important for getting social security benefits. Why is this? Getting medical attention is key because the documentation it creates is a huge part of proving your disability and receiving social security benefits. As evidence of a disability, the SSA will look at your medical records. If you don’t see a doctor (and therefore have no real documentation of your disability) it is very possible that you will be rejected for social security benefits.
When you request social security benefits, documenting and tracking your disability is your own responsibility. 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. During each visit, assure that your doctor documents your symptoms and your condition. The more supporting evidence found in your medical records, the greater your chance of being approved for 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 your claim may not necessarily be approved. When the SSA decides whether or not you are eligible for social security benefits, one of the first things they look at is if you can do the same work you used to. If you cannot, they will look at your ability to have a substantial gainful employment in another field. In essence, whether or not you will qualify for Social Security benefits will depend on what kind of work you would be able to do, and how much you might earn.
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Your assets do matter if you are applying for Supplemental Security Income (SSI). All assets are factored in when the Social Security Administration examines eligibility for SSI, since those benefits are contingent upon need.
A social security lawyer may be a good resource, if you are unclear about the affect your particular assets may have on your SSD or SSI benefits.
Q: Is it a requirement for me to see one of the Social Security doctors?
A: Not in all cases. The disability examiner for your case may not feel he has enough background on your case and wishes for you to undergo a consultative exam (CE.
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When they hear of the depth of your disability, they may turn your away without letting you see even one 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. Do not tell them anything more. Then, when you get in to see the doctor, you can provide details about your condition and concerns. Often (though not always), once you get in to see a doctor, the county clinic will send you to any necessary specialists and agree to pay.
Failing to see a doctor regularly may give the SSA cause to believe that you are no longer disabled.
I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for SS benefits?
The Social Security Administration grants Social Security benefits based on a few considerations. Foremost of these is the extent of your disability as defined by the Social Security Administration. Under SSA rules, you are classified as disabled if you cannot work in the same job as before, and your condition prevents you from working at another job.
Many people find it quite frustrating to be out of work and unable to claim their benefits, but the severe backlog of Social Security cases is the cause of all this. Social Security cases are typically processed on a first come, first served basis, which means that you have no choice but to wait it out. In certain states in fact, the entire process has been known to take anywhere from eighteen months up to two years in order to get a hearing.
It is interesting to note that even if a Social Security Disability lawyer cannot help you get a hearing with an administrative law judge sooner, a good one can work wonders for your case even before you get a hearing. A good Social Security Disability lawyer will have enough experience to know what type of evidence to collect as well as how to use any opportunities to your advantage, such as filing the claim with the Office of Disability Determinations or coming up with an On the Record opinion so that a hearing for your case may not even be necessary.
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Not all of those who apply for Social Security Disability Insurance Benefits qualify for dependents’ benefits. Those with a short work history may not qualify. Talk to a social security lawyer for details.
Q: If I have money in my bank account, can I be approved for SSI benefits?
A: Any social security lawyer will tell you: because SSI is a need based program, all resources and income will be counted towards qualification. Those that qualify for SSI must earn little money and have few assets.
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If a possibility that the condition will improve remains, the review will be undertaken after 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. At this point, a medical examiner will determine whether or not the condition has improved.
If you need partial disability, you will have to apply through a state or local disability 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.
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. You can increase the likelihood that your case will be processed in a timely manner, if you make sure you have provided all the necessary information.
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.
If that income goes over the predetermined substantial gainful activity (SGA) level, the SSA may consider it a substantial income. The SSA determines this SGA level by doing a comparison of the income of your business to the income you received before you became disabled, as well as to the income of a healthy individual doing the same business.
Q: What will happen to my claim if I die while in the process of applying for benefits?
A: According to the Social Security Administration, if a person who may be eligible for social security benefits dies (this includes Supplemental Security Income), their survivors may apply for a Lump Sum Death Payment. What does this mean? If you die in the while your claim for social security benefits is pending, your family may be able to get some of the benefits you would have been eligible to receive after the waiting period. In order to receive the lump sum payment, your survivors must prove that you would have qualified for social security disability in the month of death.
With each year that passes, the amount of money you need to make in order to earn social security credits rises; in 2008, it is one credit for $1,050 of earnings. These credits are also called quarters, as you can earn a maximum of four of them a year; any social security “quarters” that you earn during your working career will remain on your record even during times of unemployment.
In order to qualify for social security benefits, you need to reach a certain number of credits. This number is based on age, and is generally calculated by number of years worked. Most people looking to qualify for retirement social security benefits (that is, over the age of 62) will need 40 credits, or 10 years of work, to be eligible for benefits.
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Benefits would no longer continue in that case. 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 your duty to keep your claims representative informed of any changes to your medical condition or changes in employment.
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. Those that qualify for SSI must earn little money and have few assets. And while every state has a slightly different resource limit for qualifying for SSI, there are a few general guidelines that a social security lawyer will give you when looking over your application. See below for some of the things that are generally considered a resource, and which will be considered a part of your income. • Cash
• Bank Accounts
• Stocks and Bonds
• Land, Homes, etc.
The amount changes each year and can be accessed from the administration’s Update (Publication No. 05 10003) for the current year. There is no provision for partial disability under the Social Security Act. In case a person is unable to perform a previously held job, the administration looks for an equitable alternative for the person. It evaluates the person’s medical condition, age, education, past work experience and any skills that may fit another role.
A social security attorney can be helpful, if you are having any difficulty understanding why you are eligible for certain benefits and not others or do not know how to apply for benefits.
Q: Is the service of a social security attorney required if you wish to have your case reconsidered?
A: It is not required that you have a social security attorney for any portion of the application process for disability benefits. If your initial application is denied and you plan to appeal for reconsideration, however, you may wish to hire a lawyer. A fair number of claims that are filed for reconsideration are not approved and must be appealed to go before a hearing. Most cases that are approved after they are heard before a judge are represented by a social security attorney.
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Everyone knows that the stressors of going to work everyday can be quite different than those of the flexible academic environment, but the case representative reviewing your claim may assume your injury does not qualify as a disability. A disability examiner may assume that if your injury does not prevent you from attending classes, then you can surely be part of the workforce. For this reason, applicants are frequently advised to tread lightly when declaring that they are attending classes while awaiting approval for social security disability benefits.
Q: If you are awarded social security disability benefits, when are you eligible for Medicare?
A: You are eligible for Medicare two years after the date social security determined you are entitled for social security disability benefits. Your date of entitlement is the onset date established by social security plus the required waiting period of five months.
Be sure your doctor keeps track of your symptoms to give the SSA a thorough history of your disability. The more supporting evidence found in your medical records, the greater your chance of being approved for Social Security benefits.
Q: I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for Social Security benefits?
A: In this case, yes, you can apply for social security benefits. But your claim may not necessarily be approved.
Can people that are only partially disabled apply for Social Security Benefits?
The Social Security Administration has some pretty rigid guidelines in place regarding who is eligible for Social Security benefits. The SSA rules clearly state that they only grant Social Security benefits for applicants that are totally disabled. People who only have cases of partial disability or short term disability are not eligible for Social Security benefits.
My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?
Even if you are suffering from a condition that doctors have deemed untreatable, you should still keep seeing a doctor in order to avail of medications that may help alleviate any symptoms or pain that you are experiencing. This is all the more important if you are still currently receiving Social Security benefits, since the SSA will check on your status from time to time and decide if you are still considered disabled.
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The claims representative will have a chance to observe you functioning with your current injury or condition, and you have a chance to introduce your case. This initial meeting sets the stage for the rest of process. To request an initial appointment in person, call Social Security and tell them you would like to apply for social security disability insurance in person. 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: The duration can range anywhere from months to years.
For people who can no longer work because of a disability or who get injured at work, we have a financial provision for them in the U. S. This financial provision is in the form of Social Security Disability payments.
To be eligible for Social Security Disability an individual must have a disability that becomes the main reason why they can no longer work and earn an income. Not only that, but the person must have been fully insured at the time they became disabled.