Can A Social Security Lawyer Help Assure Application is Expedited?
Posted by admin on Oct 10, 2009
Q: Will SSI benefits stop if you start working again?
A: SSI benefits are intended for those with limited resources and income. If you become employed again, your earnings may reduce or discontinue your SSI benefits. 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 are responsible for repaying any benefits that were paid that you should not have received due to income. If you have the desire and ability to work in any capacity, you should not hesitate to pursue that. If you can work more hours, but keep your scheduled work time low to simply keep your benefit payments, your actions may be viewed as fraud committed against Social Security. It may be helpful to seek counsel from a social security lawyer, if you wish to become employed but are worried about the transition from social security disability benefits back to the workforce.
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. Your lawyer is an extension of you. If you have any concerns about the status of your case, address them with your social security lawyer. You employed your attorney for that reason.
Q: Can an individual be awarded benefits through the VA and SSDI?
A: Yes, a veteran can receive disability benefits through both the VA and Social Security. Any veteran who became disabled after September 30, 2001 is entitled to expedite his application for social security disability benefits. The expedited process is supposed to occur automatically, but it is a good idea to remind the representative handling your claim or to mention it on your initial application. If you have a social security lawyer, have him handle it for you.
The act of processing your claim can take much longer than expected and if you wait too long before doing so, you may miss out on some benefits, as well as run the risk of delaying the process even more. Keep in mind that even with the help of an experienced Social Security lawyer, the claim process can still take a long time. In addition, you will also have to be unable to work for at least 5 full months before you can begin receiving disability benefits.
Some people have also wondered why the entire process takes so long, in some cases lasting for more than a year. Even with a competent Social Security lawyer on your side, the process can still take an excessively long time.
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. 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 are applying or plan to apply for Social Security benefits, it is very important to regularly see a doctor; even if the visits do nothing for your condition.
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Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. It is recommended that you have representation of a social security attorney during the hearing process. A claim must first be reconsidered before an appeal for a hearing is made.
Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?
A: The major snare for disability benefits appeals is to miss deadlines. All reconsideration paperwork must be submitted within 60 days of the date of denial of the application.