Attorneys for social security disability

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.

Keywords in this article: Social security benefits

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.

Which social security benefits are you eligible for? The regulations can be labyrinthine, and trying to puzzle them out can be an exercise in frustration. These frequently asked questions will clarify which disability benefits you are eligible for, and how far your benefits will stretch.

Is it possible to get partial disability through SSA?

No, Social Security does not offer disability benefits to people with partial or short term disabilities. You are eligible for social security benefits only if you are deemed completely disabled and your disability is likely to last a year or more. (Note that as long as your highest possible income is below an SSA determined level, you may work while collecting disability benefits.)

Although I am still working, I cannot work the same hours or skill level that I used to, and my income has dropped as a result. Can I still file 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. The amount changes annually, so check the official Social Security web site or booklets to find out what the current limit is.

However, be aware that your earnings in your current job are not the only earnings the state agency will take into account. If you can move to another line of work and in so doing raise your income above the approved level, you will not be considered eligible for disability benefits. The state agency will take into account your medical condition, education, skills, work experience, and age when determining whether you could move to another job, so you will not be required to do work that you are not well enough to do or that you have not been trained to do.

According to my doctors, there are no effective treatments for my condition, so why do I have to continue to make office visits?

In the beginning, the state agency that handles your social security benefits will request that you go to doctors several times in order to get a complete evaluation of your medical condition. The doctors you usually go to may not be able to provide enough information; for example, you may need tests or equipment that your doctor does not have. The state agency may help you to find the specialist you need.

Once you are determined to be disabled, you will need regular examinations to determine the progress of your medical condition. Not all disabilities are permanent; you may improve enough to return to work, even if there is no medical treatment that can speed your improvement along.