Attorneys for social security disability

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

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 can I file for social security disability benefits?

A: You can apply for social security disability benefits when you can no longer work, due to your condition. You are eligible if your injury will keep you from working for at least 12 months. As it often takes months for an initial decision to be made regarding a claim, make sure to submit your application for social security disability insurance as early as you can. You can apply for back payments for benefits, if you are approved for social security disability benefits. Regardless of how quickly your application is processed, you will not be able to receive benefits until 6 months after your date of onset. You will not be awarded retroactive benefits for that period of time.

Q: Where do I submit an application for social security disability benefits?

A: To submit a claim for social security disability, first contact your local Social Security office or apply online via the main Social Security web site. An interview with your claims representative will be scheduled. That interview can be done in person or via telephone. Your claims representative will be your point of contact through the application process and will assure that you fill out the appropriate paperwork. Your representative will also help you determine whether you are eligible for social security disability insurance or supplemental security income. He or she will also walk you through any application for back payments of social security disability benefits.

Q: Is there anything I can do to increase the likelihood that my social security disability claim will be approved?

A: Many claims for social security disability are denied during the initial review process. You can, however, improve the likelihood that your application is approved. The first task is to simply make sure you applied correctly and completely. By staying in touch with your claims representative, you can easily know if anything required is missing. Having a supportive doctor who is willing to be your advocate can also help bolster your social security disability case. By providing a comprehensive statement regarding your condition, your doctor will give your claim a solid foundation. In addition to applying correctly and having a thorough statement from your doctor, assure that your medical records have been given to your claims representative. The main reason most social security disability applications are postponed is because of a wait on medical records. Lastly, be cooperative, meet deadlines and check in on your file. Finally, make sure you do not miss deadlines for paperwork, keep in touch with your claim representative to know where your file is in the process and always be courteous (no matter how frustrated you may get at times.)

Q: Who qualifies for social security benefits through the disability insurance program?

A: You are eligible to apply for social security benefits, if your injury will not allow you to work for 12 months or more. Both physical and mental impairments qualify. For your application for social security benefits to be approved, you cannot earn more than the limit set for such benefits. Currently, that amount is just under $1000 per month before taxes. It also must be demonstrated that you cannot take on some other kind of employment. For this, what you did before the onset of your condition, how old you are and your education level are taken into consideration.

Q: How long can you collect social security benefits through the disability program?

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. If you choose to reenter the workforce, instead of relying on your social security benefits, your benefits would also discontinue. If you become old enough to retire, your social security benefits would also stop. In that case, you would then begin receiving retirement benefits instead. Social Security does conduct periodic reviews of all cases. It is expected that you inform your case manager, should your injury improve or if you return to work.

Q: After I apply for social security benefits, how long does it take to be notified of a decision?

A: The average time it takes for an initial social security benefits claim to be reviewed is a little over 3 months. That being said, it is very difficult to predict how long your particular case will take. A decision on an application for social security benefits can be made in 30 days. Other cases can take up to two years. To improve the chances that your application for social security benefits will not be delayed, make sure you have provided all the required information and filled out paperwork correctly. Most cases get hung up because the claims representative is waiting for current and complete medical information. If you are having difficulty completing the necessary paperwork for your initial application for social security benefits, consider seeking the counsel of an attorney.

Is it possible to get Social Security benefits from SSA if I am only partially disabled?

The Social Security Administration has some pretty rigid guidelines in place regarding who is eligible for Social Security benefits. The SSA rules clearly state that they only grant Social Security benefits for applicants that are totally disabled. People who only have cases of partial disability or short term disability are not eligible for Social Security benefits.

Physicians have pronounced my condition incurable so why is there a need to keep seeing doctors?

Even if your doctor has pronounced that there is no longer any treatment that can help you, you should continue seeking medical help in order to ease the pain or symptoms of your condition. This is all the more important if you are still currently receiving Social Security benefits, since the SSA will check on your status from time to time and decide if you are still considered disabled. Failing to see a doctor regularly may give the SSA cause to believe that you are no longer disabled.

I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for SS benefits?

Social Security benefits are granted under certain conditions. Foremost of these is the extent of your disability as defined by the Social Security Administration. The SSA considers you disabled if you are not able to perform the work that you did before, and that you cannot take up another line of work due to your condition. You are also classified as disabled if your illness or condition is anticipated to last for a year or if you are expected to die from your condition.

The Social Security program assumes applicants that have family members that are currently working and will have access to other means that will support them during times of short term disability. These resources may include compensation from your place of employment, insurance programs, and personal savings.

The Social Security Administration has an extensive list of medical conditions that is used to determine if the person is eligible to receive benefits or not. If you are currently suffering from a condition that is not included in the list, the Social Security Administration will determine your eligibility based on the severity of your medical condition.

If you cannot work in the same job that you had before and you cannot work at any other job, you will be able to avail of Social Security benefits.

You should be aware that you may be able to claim Social Security Disability benefits or SSD if you have any type of disease or medical condition that makes it hard or impossible for you to engage in any type of income generating activity. SSD is a program of the government that is intended to provide monthly cash benefits to people who fit into the category of “totally disabled”. To be granted these benefits, an applicant will have to fulfill the following requirements: he or she must be suffering from a medical condition that prevents the pursuance of work, or that is expected to result in death.

It is important to note that there are many factors that will determine if you are eligible for Social Security Disability benefits, with concerns such as how old you are, how much education you have had, your work history, and your compliance with the terms of your medical treatment being some of them. Hiring a social security lawyer may prove to be very beneficial to you when filing your claim, since conforming to all of those requirements does not necessarily guarantee that you will be approved.

A social security lawyer can be a great help to you in compiling the information that you will need in order to make your case for a disability claim. The process of getting your Social Security Disability benefits can take a very long time, and you will have to fill out a lot of documents as well as submit to an interview with a representative from the Social Security Administration. A good social security lawyer will also be useful to you when you are denied a claim, and will therefore have to make an appeal for reconsideration before a judge. Since the appeal process can last as long as two years, and you may be denied more than twice at the minimum, hiring the services of a social security lawyer makes a lot of sense. A social security lawyer can speed up the appeal process and get you your benefits in a shorter period of time.

When you do hire a social security lawyer, it is important to treat your claim as the serious case that it is, and to follow his or her advice to the best of your ability. If you do not follow your doctor’s instructions with regard to your treatment for example, you will just make the job of your social security lawyer that much harder. This may result in you being denied your benefits entirely.

Your social security lawyer is in a sense your partner when you are appealing for Social Security Disability benefits. Helping him or her out to the best of your abilities will greatly benefit you in the end.

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.