Seek Counsel from Social Security Lawyer
Filing for Social Security Disability benefits can be a daunting process Educating yourself about the process is wise, regardless if you plan to hire a social security lawyer or do it yourself. Some common questions about filing for disability through the Social Security Administration are included below.
Q: Am I eligible to receive Social Security disability benefits, if I currently receive workers compensation benefits?
A: Yes, you can apply for Social Security Disability, even though you are on workers compensation. You can collect both workers compensation and Social Security Disability benefits, up to a maximum of 80 percent of your highest 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. Say that your monthly average income was $5000, your 80 percent maximum monthly cap would be $4000. If you are currently receiving $2500 per month in workers compensation, and are eligible for $2500 in Social Security benefits, you would be exceeding your 80 percent limit by $1000. Your Social Security benefits would be reduced to $1500 to meet your cap of $4000.
Consider consulting a social security lawyer or a Social Security representative, if any of your current workers compensation benefits are increased, reduced, or paid via one large sum (instead of in installments). Any changes to your workers compensation can affect your social security benefits.
Q: Will my assets affect my receiving SS benefits?
A: Your assets should not affect your Social Security Disability benefits. Disability benefits are contingent upon what you put into Social Security when you were working and the duration of your tenure in the workforce. It is a benefit that is earned. Your assets, therefore, should not affect your benefits. If, however, you are applying for the Supplemental Security Income (SSI) program, your assets will affect those benefits. 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: 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 should not be given more weight than previous examinations provided by your other doctors. The Social Security Administration will pay for your CE. Contact your case representative, if you feel you should not have to go through another exam. If you feel like you have been unfairly subjected to multiple examinations, contacting a social security lawyer might provide some insight into how and why certain examinations may or may not be needed.