Do I Need a Social Security Lawyer?
Posted by admin on Feb 1, 2009
Filing for Social Security Disability benefits can be a daunting process Whether you are navigating the waters yourself or have sought the counsel of a social security lawyer, it helps to have as much information as possible on your side. Some common questions about filing for disability through the Social Security Administration are included below.
Q: I am 10 percent disabled through workers compensation. Can I get Social Security benefits?
A: Yes, you can apply for Social Security Disability, even though you are on workers compensation. You are entitled to collect benefits from both, but cannot exceed 80 percent of your estimated annual income average. The average income of every applicant is different. Because of that, some applicants are eligible to receive only partial Social Security disability benefits, while others may be eligible for full benefits. If your combined workers compensation and social security benefits exceed that 80 percent maximum, your social security benefits will be reduced to meet that limit. For example, if before you were injured, your average monthly income was $5000, your 80 percent cap would be $4000 per month. You may be eligible for $2500 per month in Social Security Disability, but already receive $2500 each month in workers compensation. Your Social Security benefits would be reduced to $1500 to meet your cap of $4000.
If there are any changes to the amount of workers compensation benefits you receive or if you receive them as one large payment per year, please contact the Social Security Administration or get help from a social security lawyer. Any changes to your workers compensation can affect your social security benefits.
Q: Are my Social Security benefits contingent upon my assets?
A: The disability benefits awarded to you under Social Security should not be influenced by your assets. Social Security Disability benefits are awarded based on how long you were in the workforce and how much you paid into the Social Security system. It is a benefit that is earned. Your assets, therefore, should not affect your benefits. 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.
If you are unsure how to report your assets or confused about whether you qualify for SSD or SSI benefits, contact a Social Security claims representative or seek advice from a social security lawyer.
Q: SS wants me to see one of their doctors. Do I have to?
A: Not necessarily. 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.) Perhaps the examiner needs a more recent exam than what was provided in your medical history. The doctor performing your consultative examination does so simply to provide the most current medical information about your case. The CE will be looked at in concert with your other medical records. The Social Security Administration will pay for your CE. If you believe you and your medical practitioners have provided the most current and thorough information about your case and you do not wish to undergo a CE, contact your Social Security representative. If you are confused about next steps to take, you may wish to contact a social security lawyer.
In some cases, children are eligible for up to 50 percent of the amount of benefits you receive. There are limits to how much your family can collect. 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 must also be under the age of 18, or the age of 20 if he is a student.
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Am I still eligible for social security benefits?
Yes, you can file for disability benefits if you are making less than a certain amount per month, averaged over a full year. 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, your current income is not the only number the state agency will consider when evaluating your case. If you could make more money by switching to another job, you will be ineligible for disability benefits.
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Why is this? Because one of the most important parts of proving that you have a disability (and should receive Social Security benefits) is documentation. As evidence of a disability, the SSA will look at 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 you request social security benefits, documenting and tracking your disability is your own responsibility. If you are applying or plan to apply for Social Security benefits, it is very important to regularly see a doctor; even if you’re not receiving treatment.
Q: Can you receive Medicare once your application for social security disability insurance is approved?
A: Once you have reached two years past your date of entitlement for social security disability, you can qualify for Medicare. Your date of entitlement is the onset date established by social security plus the required waiting period of five months. Your entitlement date is basically when you start collecting your social security disability payments. Add two years to that time and that is when you are eligible for Medicare. If you were awarded social security disability insurance benefits, you will receive Medicare.
The next step is to assure that your doctor is on your side and backs your decision to file for social security disability benefits. A detailed letter about your condition written by your treating physician is an asset to your file. In addition to applying correctly and having a thorough statement from your doctor, assure that your medical records have been given to your claims representative. The main reason most social security disability applications are postponed is because of a wait on medical records. Lastly, be cooperative, meet deadlines and check in on your file.
Q: When should I apply for social security disability benefits?
A: It is recommended that you submit your application for disability benefits as soon as possible after you are no longer able to work. Although the current estimated time of application processing is 90 to 120 days, it is not uncommon for the process to take over 6 months. For this reason, you will want to submit your application as early as you can. If your application is denied, you will probably want to appeal, which adds more time to the process. Seeking the counsel of a social security attorney may be helpful, if you are confused about how and when you should apply.
Those wishing to appeal their case would be wise to seek counsel from a social security attorney. Keep in mind that just because you have a social security attorney, that alone does not guarantee that you will win your appeal. It does guarantee, however, that your appeal will be executed correctly. A social security attorney will assure that all the details for your hearing are prepared and will know how to navigate the process.
Q: When should I apply for social security disability benefits?
A: You should apply for benefits as soon as you become unable to work due to your injury.
Medicare cannot begin until 2 years have past since the onset date of the injury, in addition to the required waiting period (5 months) an individual had to wait to begin receiving SSDI benefits. Those who collect SSI can apply for Medicaid. The distinction can get a bit confusing for those who may collect both SSI and SSDI for a certain period of time. Those claimants should contact their social security representative to find out more information about applying for Medicare or Medicaid. If you believe you are eligible for certain benefits and have not been approved, you may wish to seek counsel from a social security attorney.
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Some claimants are able to rely on loved ones for a loan or other resources during the interim period. Submit applications for public assistance programs. Contact your utility companies to see if they offer aid programs. Speak with your doctor about billing plans that might be available to those awaiting benefits decisions. Look into charities that might be able to help.
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.
If you are unsure how to report your assets or confused about whether you qualify for SSD or SSI benefits, contact a Social Security claims representative or seek advice from a social security lawyer.
Q: Is it a requirement for me to see one of the Social Security doctors?
A: Not necessarily. Your disability examiner should not request that you have a consultative examination (CE), unless he could not gather enough information about your case.
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Lump Sum Death Payment of social security benefits is available only to particular surviving family members. As part of the application process, the SSA will request information about the deceased’s Social Security record and application (if they applied for social security benefits). They will also request evidence of the deceased’s disability beginning at 14 months before the date of death.
Q: What will happen to my social security benefits, once I am already on them, and I die?
A: When you are receiving social security benefits, and have paid social security taxes, some family members may be eligible to receive survivor’s benefits upon your death. In general, for family members to receive survivor’s social security benefits, ten or so years of work will be needed (though this does vary).
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Insurance benefits will end after a certain time has elapsed since you last paid. It works the same way with Social Security. If, for instance, you work for 30 years before retiring early, the moment you leave work you will stop paying into your Social Security account. After this, you only have a certain amount of time before your Social Security Disability coverage will end. If you are in this situation and your coverage has ended then you should consider applying for SSI.
The SSA will Social Security benefits only to people with total disability. Applicants that are only partially disabled or are only disabled for a short period of time cannot avail of 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 your doctor has pronounced that there is no longer any treatment that can help you, you should continue seeking medical help in order to ease the pain or symptoms of your condition. And if you continue to receive Social Security benefits, you should continue to see your doctor because Social Security will periodically review your claim to deem if you are still disabled or not. Failing to see a doctor regularly may give the SSA cause to believe that you are no longer disabled.
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There are many reasons why hiring the services of a social security lawyer can be of great benefit. 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. A competent social security lawyer can make it easier for you to avail of such benefits, which are often granted depending on your qualifying points. A social security lawyer can help you with the different types of Social Security Disability benefits available and help you decide which one is the most appropriate to your situation. A social security lawyer will even be able to guide you through the qualification process.