Social Security Lawyer Questions for Social Security Claims
Posted by admin on Feb 20, 2009
Q: I recently applied for social security disability benefits and was told I needed to undergo another medical exam. Is this common?
A: Many people who file for disability benefits through Social Security are asked to go through a consultation with one of their doctors. The exam is called a consultative exam, or CE. A CE is requested by the disability examiner who handles your case. If you are currently undergoing a hearing on your case, the judge may also request it. A CE is usually requested for two reasons. If your medical records are not very current, an exam will be helpful. If the details on your medical records are old, the disability examiner assigned to your file will not be able to make a sound decision. The second reason would be because your medical files are not complete. For example, you may not have a recent test that might be necessary to determine the status of your injury. A call for a consultative examination is not an indication that your case will not be approved. It is an indication, however, that more details on your medical condition are required in order to rule on your application. If one is requested, you will have to participate in the CE. It may be wise to seek the counsel of a social security lawyer in the event that you feel you have been treated unfairly during a consultative examination process.
Q: Should I have a social security lawyer review my case before I appeal?
A: A social security lawyer on your side will definitely make the appeal process less stressful for you. Many applications for social security disability benefits are denied. If an application is not approved, it is not necessarily an indication that the case should not be awarded benefits. Often cases are denied simply due to lack of appropriate information. A social security lawyer knows the hearing process well, will make sure your file has all the required information and that it is fairly reconsidered. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.
Q: Once I submit my application, do I need to follow up with social security?
A: You should check up on your case. Your social security lawyer (if applicable) can also check your application status. It is possible that your application could be lost. It is also possible that notification regarding a case could be lost. Your case goes through a lot of steps in the review process. Without knowing it, your file may not be able to go to a next step because you were not aware of information that was needed. It is always wise to check the status of your file from time to time. To check on the status, it is best to contact the disability examiner assigned to your case. On average, a decision on a case will be rendered within a few months. You will want to check the status of your application if you have not heard anything during that time.
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The entire process on average can take about 2 to 5 years. If you have been going through this process and now you are facing a hearing it is beneficial for you to at least speak with a representative that knows the law for Social Security benefits. Most consultations are free and they can usually tell you then if they will take your case or not.
Q: “My SSD application was approved, and I have been receiving benefits. Now they tell me they paid me too much and I have to pay them back.
Medicaid is an example. If you have any questions or concerns about caregiver benefits, it may be helpful to speak with a social security attorney.
Q: Are the eligibility guidelines that same for both VA and social security disability?
A: Not in all cases. The VA and the SSA work with completely different systems in determining disability. Unlike the VA, social security benefits are not given on a partial or full basis.
While in the workforce, an individual earns one work credit for every calendar quarter. An individual can generally qualify for SSDI if he has worked the calendar equivalent of 5 years out of the last 10. Eligibility for SSI benefits, however, are dependent upon the financial needs of an individual. SSI can be awarded, regardless of work history. To be eligible for SSI, an individual cannot earn more than $1,433 per month in wages ($694 per month if the income is not from wages).
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Q: Do disability social security benefits have a time limit?
A: Your social security benefits will continue until one of the following events occurs. If your condition improves to the point that it allows you to return to work, your social security benefits will be discontinued. Some people decide they would rather not depend on social security benefits and take on regular employment in a different type of work. Benefits would no longer continue in that case. If you become old enough to retire, your social security benefits would also stop.
Again, it is recommended that you have a social security lawyer or other representative by your side during an appeal at this level.
Q: If you have hired a social security lawyer to handle your disability claim, does he communicate with Social Security or do you?
A: A social security lawyer will contact all pertinent representatives at Social Security for anything that has to do with your claim. Social Security will usually contact only your attorney. In some circumstances, your lawyer will allow a claims representative or examiner to contact you directly. If you are contacted by Social Security, it is important to let your attorney know.
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