Attorneys for social security disability

Q: If you become employed part time, do Supplemental Security Income payments continue?

A: SSI benefits are intended for those with limited resources and income. Your SSI payments could stop or simply be decreased, once you have employment income again. If you earn more than the amount Social Security deems as Substantial Gainful Activity, your SSI benefits may be in jeopardy. The pretax monthly limit this past year was set at just below $1000. Make sure you keep Social Security informed of all changes in your work income. You will have to pay back any over payments from Social Security. If you have the desire and ability to work in any capacity, you should not hesitate to pursue that. Purposefully keeping your hours low for the sole purpose of continuing SSI benefits can be considered fraudulent. If you have any reservations about returning to work because of loss of SSI benefits, you may wish to contact a social security lawyer.

Q: If you recently hired a social security lawyer, why will the representatives at SS no longer deal directly with you?

A: Once representation is hired, Social Security prefers to handle all transactions regarding your case via your social security lawyer. You should not be concerned if this is the case. Your social security lawyer represents you. Communicating with both you and your social security lawyer can result in miscommunication. Your lawyer is an extension of you. You should be in frequent contact with your social security lawyer regarding your case. That is why you hired representation.

Q: Are veterans who receive compensation through the VA also eligible for disability insurance through Social Security?

A: An individual is eligible to be awarded disability with the Veterans Administration and the Social Security Administration. If a veteran was injured on or after October 2001, he can have his claim go through an accelerated review process with Social Security. 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.

How Much Service Is Required? - To be eligible for non-service-connected pensions, you must have 90 days of active duty and at least one day in a “period of war.” However, for a veteran who entered military service after 1980, the service requirement is simply to have completed a full period of active duty. Specifically, a veteran who was enrolled for the fist time after (or on) Sept. 8, 1980 will need to have completed a minimum service period, which should amount to either twenty-four continuous months of active duty or the entire period that individual was called for to active duty. Additionally, the veteran must have active service that includes a total of ninety days during one or more periods of war; ninety or more consecutive days, one day of which is during a period of war; or at least one day of wartime service that results in a discharge for service-connected disability.

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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. Fortunately, a qualified Social Security lawyer can help you appeal your case, which can result in a reversal of the decision to deny your application.

How long will it take before Medicare coverage takes effect?

Most people who are already receiving Social Security disability benefits will receive Medicare coverage automatically. Information about your Medicare benefits and your Medicare card will be sent to you shortly before you reach the age of 65 or before your 24th month of disability. 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?

The Social Security Disability Insurance program requires applicants to have a certain number of credits that they have earned during a certain period, as well as a certain amount in earnings ten years before being disabled. 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. To be eligible for Social Security Disability Insurance, applicants need to have credits equivalent to at least 20 quarters or 5 years’ worth, over the past 40 quarters or the ten years previous to becoming disabled.

Working while applying for Social Security

A common misconception that many people have is that they cannot apply for Social Security disability benefits while they are working. The truth is, you are allowed to file a disability claim and receive benefits while you are presently working. Keep in mind however that your monthly income cannot be higher than your SGA or substantial gainful activity amount, which is $900.00. This is because the Social Security Administration does not considers applicants that are able to earn this amount disabled.

Each year, the Social Security Administration (SSA) mails all workers over the age of twenty five a record of earnings that estimates the benefits they will be eligible for. Normally, the statement will arrive around three months before your birthday. However, if you do not receive your statement, you can visit your local SSA office or the SSA website and fill out a request to receive this information. Since it is not uncommon for there to be errors, be sure to review this statement to ensure that your earnings over the years have been reported accurately. This is extremely important since your future benefits are based on the information contained in this report.

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Q: How long does a typical social security disability benefits claim take?

A: There are no deadlines within which the Social Security Administration has to process an application for social security disability insurance. Some cases take years to receive a decision. Others, make it through the process very quickly. The norm for a social security disability case being reviewed for the first time is about ninety days. Numerous things can lengthen the duration for a decision on your particular case.And there are things that you can do to increase the likelihood that your social security disability case does not hit snags that will slow down the process. The number one reason cases are held up is due to a wait for medical records. It is helpful to confirm that all requested medical documents have been sent and received. If a consultative exam is requested, make sure you do it. Contact your case manager if you need to cancel or postpone an appointment. A decision cannot be made regarding your claim, if the representative handling your application does not have thorough or updated information about your injury. Get in touch with the representative handling your case, if you make any changes to your contact information. And do not ignore notifications or informational requirements sent to you by social security. It is important to cooperate when your social security disability case is being reviewed. Lastly, it is smart to touch base with the disability manager handling your case from time to time to check the status of your file.

Q: Do you have to be out of work for more than five months to submit an application for social security disability insurance?

A: You should apply for social security disability benefits as soon as you become injured and know that your condition will prevent you from working for at least 12 months. You do not have to wait a certain period of time before you submit an application. The review process for a claim can be lengthy, so it is best to apply as soon as possible. If you are awarded benefits, you will not be eligible for your first payment until after a 5 month waiting period after the date of onset of your condition.

Q: Are you allowed to work part time when you are waiting for a decision regarding social security disability insurance?

A: You are allowed to be employed and receive social security disability benefits. The factor that influences your eligibility for benefits is not the employment itself, but how much income you make. You cannot earn above the limit Social Security has established as substantial gainful activity. That monthly amount is currently just under $1000 pretax.

Q: Can my children obtain SS benefits under my account if they do not live at home with me?

Whether or not your children can receive benefits will depend on your specific relationship with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:

• He or she is your legitimate child
• The child is your legally adopted child
• The child is your natural, recognized, but unlegitimized child, and either a court has made a determination of support, or you regularly contribute financially to support the child.

If you have a recognized, illegitimate child who does not reside in your home, and for whom a judge has not made an official determination of support, you can give evidence of that child’s financial dependence upon you by providing:

• Paperwork showing that your child is qualifies as your dependant in other state and federal programs
• Old W2s and other tax forms showing that you claimed your child as a dependent
• Bank records, cancelled checks, etc., showing that you made regular payments on behalf of or in support of your child
• Other evidence of the child’s dependence

Q: I own a business, but do not run it myself. Can I have still apply for social security benefits?

A: As defined by the Social Security Administration, disability is the “inability to engage in any substantial gainful activity.” What is considered “substantial gainful activity” comes from the National Wage Index, which averages monthly wages across the board. They consider a person to be working any day that he or she “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it.”

Your business income may affect your social security benefits. If that income goes over the predetermined substantial gainful activity (SGA) level, the SSA may consider it a substantial income. This level is determined by comparing your business earnings to your pre disability earnings, and the earnings of a non disabled person engaged in 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. This means that, if you were to die in the process of applying for social security benefits, your survivors may make a case for the social security benefits you may have earned 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.

Lump Sum Death Payment of social security benefits is available only to particular surviving family members. When making the claim, the family will need to provide information and records about the deceased’s social security benefits eligibility and application (if there was one). The SSA will also want to see information about the deceased’s overall disability, starting at fourteen months before 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). The following relatives may be eligible for survivors’ social security benefits:

• A spouse, with full benefits when they reach retirement, or some benefits beginning at age 60
• A disabled widow or widower, starting at age 50
• Unmarried children under 18 (or up to 19 if attending high school)
• Children of any age disabled before the age of 22
• Dependent parents who are 62 years old or older.

The Social Security Administration is responsible for the payment of social security benefits under the social security system in the United States. There are several categories of social security benefits, depending on the need that it seeks to address. 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. Some segments of society can receive social security benefits through some specific clauses addressing that segment. 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.

The main criteria for availing social security benefits is that the person claiming the benefit is unable to work or has to stop working due to a medical condition that may last up to an year or result in death. If an individual is employed with average monthly earnings exceeding a certain amount as decided by the administration, then the person will not be considered as disabled. 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. 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. If no other opportunity presents, the State agency will decide that the individual is indeed disabled. However, with individuals over 50 years of age, the State rules are more relaxed and they may have a much better chance of winning some benefits. Even persons with low paying part time employment and consequently negligible savings have a good chance at obtaining social security benefits.

Q: When should you apply for social security benefits after you have been injured?

A: When you expect that your medical situation will keep you from being employed for 12 months or more, submit your social security benefits application. The review process can take months or years, so it is best to apply as soon as possible. There is no waiting period to apply.

Q: What will be expected of you when your case is heard by an administrative judge?

A: Having your case heard before an administrative judge gives you one final opportunity to have your social security benefits claim reviewed. You, therefore, want to make sure you are present and prepared. If you have an attorney, he will make sure that the court has all the necessary medical records, history and statements from your treating physician. If you do not have an attorney, it will be your responsibility to make sure those details are provided. The statement provided by your physician is extremely important. If your physician is not supportive, consider finding one who is. This may seem obvious, but confirm and mark the court date on your calendar. Make sure you arrive on time for your scheduled court date. Make sure you know where the courthouse is, how you plan to get there and how long it will take to get there. Know what is appropriate attire for that particular court and judge. Be courteous and alert. When you give your testimony and are asked questions, be honest. A hearing offers you one last chance to be awarded social security benefits and it is important to take it seriously.

Q: Is there anything you can do about debt, while you are awaiting notification on social security benefits claim?

A: It will be worth your time to contact any lenders or other businesses with whom you have debt when you know you plan to submit an application for social security benefits. Many institutions will suspend actions against you until you receive notification regarding your claim. You will often need to keep them abreast of the status of your claim. Please recognize that only some institutions will halt collections activities and it is not required.

Q: Why do I have to see a social security medical examiner after I apply for disability?

A: Many people who file for disability benefits through Social Security are asked to go through a consultation with one of their doctors. Your representative will refer to it as a consultative examination. The representative assigned to your file asks for the consultative examination. 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. Current information is usually needed to process your case. 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. But it does mean that your file cannot be fully reviewed until the information from the CE is obtained. If one is requested, you will have to participate in the CE. If you have any questions or concerns about your particular CE, you many wish to contact a social security lawyer.

Q: Do I need to hire a social security lawyer if my initial application for disability through Social Security was denied?

A: If your application for disability was denied, you should appeal and it is wise to hire a social security lawyer to help with the process. Many applications for social security disability benefits are denied. Just because a case is denied, does not mean it cannot win in appeal. Some applications are not approved because of incomplete data or missteps in the application process. Having a social security lawyer on your side during an appeal process will guarantee that your case will be adjudicated properly. 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: After I apply for disability, do I need to check the status of my application?

A: Yes, you should follow up on the status of your application. If you have a social security lawyer, he will do it for you, but you should also check in with your lawyer. In some cases, paperwork can be misplaced. It is also possible that notification regarding a case could be lost. There are many stages your application must go through to be reviewed. 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. Most applications are reviewed within 4 months. You will want to check the status of your application if you have not heard anything during that time.