Attorneys for social security disability

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: What can you do to get by financially when your claim for social security disability is still being processed?

A: It can take quite some time for an application for social security disability to go through the review process. Supporting yourself while you wait can be quite stressful. Given the duration some claims take, it is vital to examine and adjust your budget when possible. Do not make any unnecessary purchases, especially large ones. Regardless of what you can afford now, resist temptation to spend. Put any money you save by cutting discretionary spending aside to help you through the time it may take to reach a decision about your social security disability claim. Mandatory expenditures can sometimes be adjusted to allow flexibility during the waiting period. Some gas and electric companies have aid programs for those with limited income to help pay for winter heating bills. Refinancing a mortgage or other loan to free up funds can be an option. Some applicants are fortunate to have loved ones that can help them with financial support during the interim period. If you can no longer pay your medical bills, seek assistance. You need to continue to go to the doctor. Many charities offer assistance to pay for medications. Research any health benefits with the state for which you might qualify. Find free clinics, if need be, for routine visits. Many medical offices will help individuals in financial need by coming up with bill payment strategies. Knowing that you are applying for disability, billing departments are more willing to work with you. You may also consider applying for local, state and federal public benefit programs. General Assistance is a state program that can lend you money that will have to be repaid after your social security disability case has been processed. Section 8 housing aid or food stamp programs may be helpful if your wait is long. If you are in financial dire straights, you might consider talking to a social security attorney. It is possible that you qualify for dire need aid with the agency. Dire need status can grant you financial assistance and help your case be processed more quickly.

Q: Can you go to the Social Security office to submit your social security disability application?

A: The three methods for filing for social security disability benefits are in person, via the telephone or via the internet. It is often recommended that doing it in person is the best method. A face to face appointment with the disability manager who will handle your case gives opportunities for real contact that applying online or via telephone will not. The claims representative will have a chance to observe you functioning with your current injury or condition, and you have a chance to introduce your case. This initial meeting sets the stage for the rest of process. Call the toll free number (800) 772.1213 for Social Security and ask for an appointment to submit your application for social security disability. Social Security will send you written notification of the appointment time and date.

Q: When should you expect notification of a decision on a social security disability case?

A: The duration can range anywhere from months to years. A decision for a normal case that has all the required materials is made within 90 days or so.

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.

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.

Social Security taxes are typically deducted from you with every paycheck that you receive from your employer. Most people utilize Social Security for retirement benefits that they can take advantage of when they reach retirement age. However, there is also a certain portion of your Social Security tax that can be used for a disability plan. Even if you are not quite at the retirement age yet, there is a clause in the Federal law that allows you to claim some Social Security benefits if you suffer from an injury or any other type of illness or disease that will prevent you from working. These benefits can be used to provide you with an income source in the event that you are not able to work.

The Social Security Act defines disability as either a physical or mental condition that prevents the sufferer from engaging in any activity that generates income, and that can either result in his or her death or last for 12 months or more. Many people seem to be confused about when they can apply for Social Security disability benefits and when they can begin collecting payments. What you should realize is that it is important that you file for disability as early as you can, even on the day that you are disabled if possible. 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. Even if you hire the services of a Social Security lawyer, the entire claim process can still last a lot longer than you anticipated. Keep in mind that you will also have to be out of work for at least 5 months before you can begin to receive disability benefits.

The question of why the entire claim process takes so long…often lasting more than a year…is one that comes up often. Even enlisting the help of a Social Security lawyer does not necessarily speed up the time to see a judge. Many people find it quite frustrating to be out of work and unable to claim their benefits, but the severe backlog of Social Security cases is the cause of all this. Since Social Security cases are processed in the order in which they come in, there is little that you can do but wait. In extreme situations, the claims process can take as long as eighteen months and even up to two years.

Even though a Social Security Disability attorney cannot get you to a hearing before an administrative law judge quicker, a good attorney will win your case before you are even scheduled for a hearing. A Social Security Disability attorney will know what evidence is needed to win your case and know how to take advantage of opportunities to win your claim before the hearing—as in winning the claim before the Office of Disability Determinations or writing an On the Record opinion for the judge so that she does not even have to conduct the hearing in your case. In any case, there are a number of obstacles that you have to deal with when filing for Social Security Benefits. With a competent lawyer on your side however, the process can be resolved much sooner than if you take on the task of filing the claim by yourself.

Q: Who qualifies for social security benefits when on disability?

A: To receive social security benefits due to an injury, you must meet some requirements. When you were injured, you had to have been in the workforce and covered by insurance. You must have been employed for five out of the previous ten years as a mimimum. It is required that your job was covered by Social Security. You must be younger than the retirement age in order to receive social security benefits via the disability program. Last, but not least, your injury needs to be such that you will not be able to join the workforce again for a minimum of 12 months. There are no benefits via social security for a worker who will only be out of work for a few months due to his injury.

Q: When will social security benefits stop?

A: Until the injury has improved enough to allow a person to reenter the workforce, he will receive social security benefits. In that case, the benefits would continue until the second month after the medical condition had ended. If an individual surpasses the age of retirement, social security benefits under the disability program would end and retirement benefits would begin. Social Security will conduct reviews of your file periodically to determine if your medical condition has changed. You do not, however, need to reapply for disability benefits, if the status of your injury and employment has not changed.

If a person has been notified of approval, when will he receive his first payment for social security benefits?

A: A person must be out of the workforce due to the medical condition for a minimum of five months before social security benefits can begin. Payments will usually begin the sixth month. If you have applied, but have not yet received notification for approval, the processing time can vary. The thing that usually affects how long it takes to process an application is the wait for medical records. The disability examiner cannot make a decision about your case until he has reviewed your medical records. Most applications are reviewed and the claimant notified of a decision within four months.

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.

Just a little note on my very first blog page. I will try hard to post each and every day here on my blog. I am writing about social security and disability benefits. Please comment and come back when I have more. Thanks gain for stopping by.