Social security lawyer

Q: Does the work history of a person affect the determination of a social security disability claim?

A: Yes, work history is a factor for all disability claims. Determining whether social security disability insurance should be given is in part dependent upon the work a person could do, in spite of his current medical condition. The case manager is interested in your work history to determine if you are able to still perform jobs you have had before. In addition, your work history will also help the examiner for your case know if you can perform other types of work. A social security disability claims examiner uses standard medical vocational principles when evaluating an application. The age of an applicant, academic history and limitations caused by the medical condition are all factored in. The medical vocational grid aids the examiner in establishing whether an applicant can perform a job he has had previously or other work. The guidelines are a tool and are not perfect. The limitations of a condition and the need for social security disability insurance are very difficult to fit into a simple set of guidelines. The claims manager will still need to use some common sense and subjectivity to determine if a person can perform work. Your record of previous employment is usually the second most important aspect (next to medical condition) in establishing whether benefits should be awarded.

Q: Are SSDI and SSI the same thing?

A: Both SSI and SSDI are disability programs offered by Social Security, but they are not the same thing. An individual qualifies for Social Security Disability Insurance (SSDI), if he has earned the minimum amount of credits through his work history by contributing to social security through his taxable earnings. Individuals who fall below certain income and resource limits can qualify for SSI or Supplemental Security Income benefits. An applicant for SSI need not have been in the workforce for a certain amount of time to be eligible for benefits.

Q: How long does a claim take?

A: If all the required paperwork is submitted and filled out correctly, the average time for a claim to be initially reviewed is 90 days. Lack of medical information is the biggest reason many applications take more time than the average. Assuring that your claims representative has all the required information is key to avoiding delays. If your application was denied social security disability benefits after the first review step, your next steps would be filing for reconsideration and, eventually, an appeal for a hearing. Having a case reconsidered and heard before an administrative judge will make your claim take even longer. Many cases have been in the process for 2 years by the time they are heard.

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

A: It is common for Social Security to request that applicants for disability undergo another medical exam. Your representative will refer to it as a consultative examination. A CE is requested by the disability examiner who handles your case. The administrative judge for your appeal can also call for the CE. The consultative exam most often serves one of two purposes. If you have not had an exam recently, a CE will provide updated information. If the details on your medical records are old, the disability examiner assigned to your file will not be able to make a sound decision. The second reason would be because your medical files are not complete. Perhaps you do not have recent x rays or a required test for your particular condition. 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. A large number of cases initially reviewed by the Social Security Administration are not approved. Just because a case is denied, does not mean it cannot win in appeal. Often cases are denied simply due to lack of appropriate information. 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: You should check up on your case. Your social security lawyer (if applicable) can also check your application status. It is possible that your application could be lost. In other cases, notice of approval or denial of an application may never reach the applicant. Your case goes through a lot of steps in the review process. You could miss deadlines if you are not notified. It is always wise to check the status of your file from time to time. Get in touch with the representative handling you case (usually referred to as the “disability examiner.”) On average, a decision on a case will be rendered within a few months. If it has been longer than that for you, contact your disability examiner.

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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In the United Sates there is a financial provision for people who are injured at work or who become disabled and can no longer work. Social security disability payments are paid to people because of this financial provision.

The person has to be disabled enough so that they can not work anymore to provide an income for themselves before they are eligible for Social Security Disability. The person must also be able to prove that they were insured for disability at the time they became disabled. To be fully insured means that they must have been working for long enough and depositing money for this insurance into the Social Security system to qualify.
Social Security Disability benefits are not like regular social security benefits. You must have been employed for at least a continuous 12 months before your disability to be eligible too.

When a person is disabled and their eligibility is decided they can begin receiving monthly payments from the social security office. The Social Security Disability claim must first be approved of by the Social Security Administrator or by an Administrative Law Judge. After the claim is approved the claimant must wait 5 months before payments begin.

When a person becomes eligible for social security disability their children can also receive benefits. In certain cases the spouse of someone receiving social security disability benefits can also receive benefits. In one instance, the spouse has to already be over 62 years old. Being a spouse of any age and one who is taking care of a child under the age of 16 is another acceptable qualification for the spouse to also receive social security disability benefits. Children who are under the age of 18 and who are still going to high school can also receive social security benefits if their parent is disabled.Any child that becomes disabled before the age of 22 is also eligible to receive social security benefits no matter if they were working or not. Unlike social security retirement benefits, a divorced spouse does not become eligible for social security benefits once a former spouse becomes disabled.Also, you can be disqualified if you do not know how to fill out the disability claim form correctly.

Q: Are there things an applicant can do to improve his chances for receiving social security disability benefits?

A: Although most disability cases are denied after the initial review process, you can make sure you have done everything in your power to give your case the best foundation. The first step is to make sure you have a doctor who is supportive of your decision to file for disability. Having a physician who will provide a solid and comprehensive background about your injury and how it has affected your ability to perform your work duties is vital to your claim. The second thing sounds obvious, but it will affect how long it takes for your case to be reviewed and whether it is approved or not. Be certain that you submit all required forms within the mandatory timelines and that everything is correct. Once you are confident your application will not be held up because of missing paperwork or errors, submit copies of your most recent medical records. The number one reason most cases are delayed is because of medical records. The fourth thing you can do to help your case is to always cooperate with the case manager and other representatives handling your claim. Number five on the list is to always know where your case is in the review process. If you are utilizing the services of a social security lawyer, he or she will do this for you or you can contact the representative handling your case. Likewise, it is smart to be in contact with your social security lawyer just to assure your case is moving forward and you have submitted all the required paperwork and forms.

Q: Do you need a social security lawyer to win a disability claim?

A: It is not required that you have a social security lawyer in order to apply for disability benefits. It may be wise, though, to hire an attorney if your initial application for benefits was not approved. The next step would be to file for reconsideration. To have a claim reconsidered, it does not need to be represented by a social security lawyer. The majority of claims, however, are still not approved after being reconsidered. After being reconsidered and denied, your claim will need to be appealed and go to hearing. It is not mandatory that you have a lawyer to go through the hearing phase. The majority of claims that are approved after being heard before a judge have been represented by a lawyer. The hearing phase is the last chance for your claim to be approved. The expertise of a social security lawyer will be invaluable to helping your case through the process appropriately and justly.

Q: What do you need to do to begin the application process for disability insurance?

A: You can submit your disability application via three options. You can call Social Security directly and tell them you would like to file a claim. If you would rather take care of this by visiting an actual office, you can do that too. The third option is to apply online via the Social Security Administration website. A representative will call you to establish an interview date, and you can choose to do that interview in person or by telephone.

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, an individual who enlisted for the first time on or after September 8, 1980, is required to complete a minimum period of service, either twenty-four months of continuous active duty or the full period for which the veteran was called 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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Q: If your application for social security benefits has just been denied, should you hire a social security attorney?

A: If you were denied benefits after you applied for disability, you do not need to hire a social security attorney to appeal. That being said, it is after an initial claim is denied that many claimants decide to hire a lawyer. Submitting an appeal to have your claim reconsidered is your next course of action. Most cases are still not approved when reconsidered. The next step would then be to file an appeal to have your claim heard before an administrative judge. You want to give your claim the strongest chance at winning that you can when it is presented to a judge. Having a social security attorney on your side after your application is initially not approved can help you give your case the best chance possible. To have your case heard before an administrative judge, it is not mandatory to be represented by a lawyer. Nevertheless, most claimants that win after a hearing have a lawyer.

Q: How do you find a good social security attorney?

A: A lawyer recommendation from an individual who recently went through the disability claims process can be very helpful. If you do not know of any recommendations, hop online and see if you can find any reviews for an attorney who handles your type of claims. Once you find some attorneys, make a list of basic questions you plan to ask any candidates. A primary issue is determining what portion social security disability claims are in his or her overall caseload. Having a lawyer who deals with your type of cases a lot will be beneficial. Assure that the attorney has copies of your application, denial notification and health records so he can be well versed on your case when you sit down to meet for the first time. Discuss the steps that will be involved with a claim. Then get specifics on the issues the lawyer sees with your particular case. It is generally not helpful to ask how many cases an attorney has won. Every disability case is different. You want to, instead, focus on finding a social security attorney that understands the disability process and the specifics of your case.

Q: If your initial claim was denied, should you apply again?

A: If your application was not approved after the initial review process, do not submit a brand new application. Instead, you will want to submit an appeal to have your case reconsidered. You must submit your appeal within 60 days of the date when your initial application was denied. If your case is not approved after reconsideration, you will then move on to the hearing phase. By applying all over again, instead of appealing, you will significantly delay your opportunity to have your case reconsidered or heard before a judge.

Q: What are the reasons so many disability claims through Social Security are not approved?

A: The main reason most applications are denied is due to insufficient medical data. Some people assume certain injuries speak for themselves, but thorough medical proof is needed for all claims. For some claims the lack of evidence can be caused by inadequate supporting documentation from the primary doctor of the applicant. A social security disability application must demonstrate that the applicant is no longer able to perform any type of employment he previously engaged in and any similar employment for which he may be eligible. Regardless of your condition, the disability manager examining your file will not understand the full picture if you have not provided complete medical records or information from your treating physician. Make sure you seek treatment for your condition and that your disability examiner has the most current and thorough information about your case. Medical evidence that supports your case is the most important aspect of your application.

Q: Can a creditor take your social security disability benefits checks?

A: No collection agent can take away your checks, if you collect SSI benefits. Those who collect SSDI payments, however, are not immune from all collections agencies. Your benefits checks cannot be collected on behalf of banks, lenders, credit card agencies, individuals and other such entities to which you may owe money. Government entities can collect your benefits checks, however. If you owe the government for back taxes, for example, your debt can be collected from your social security disability checks. The only other agencies who can collect your benefits checks are those handling your delinquent child support or alimony payments.

Q: Can owning rental properties hurt your chances of being awarded approval for social security disability?

A: Only your ability to earn a working wage affects determination of social security disability benefits. Things like dividends from investments and income you collect via rent are not considered when establishing your eligibility for disability benefits. If you plan to apply for SSI, all assets and income you collect through rent will be a consideration. Only those with limited financial resources are eligible for Supplement Security Income benefits.

Q: What is the first thing that will happen after you obtain representation from a social security lawyer?

A: The first thing a social security lawyer will do is familiarize himself with everything in your file, as well as your current medical information. Your attorney will want to thoroughly understand your case. Recent medical information is perhaps the most important thing for a social security lawyer, particularly if your case is in the hearing phase. The SSA will not update any medical information after a reconsideration decision has been made. Consequently, your medical information may be severely outdated when you finally get to your hearing date. Your lawyer will assure that the judge has a thorough and current picture of your medical history. Less than 60 days old is what most attorneys advise regarding your medical records.

Q: If you are looking for a social security lawyer, what types of things should you be aware of?

A: You should have a standard list of questions for any social security lawyer you are considering hiring. For a lawyer that is part of a law firm that deals with various types of issues, you may wish to ask what percentage of their cases pertain to Social Security issues. Ideally, you would choose a lawyer that focuses on social security at least 1/3 of the time. You want your lawyer to be skilled at these types of cases and percentage of caseload is a good indicator of how frequently he has to dive into Social Security topics. Another question for a potential lawyer is the number of cases he has represented in court. The more cases a lawyer has tried in court, the more experienced and practiced he will be with your case. Some people also ask lawyers they are considering hiring if they have ever dealt with their particular type of injury before. Many attorneys recommend simply asking a potential social security lawyer about the challenges he sees in your case and how he can help. Finally, ask if he or someone else will be the one with you when your case goes before an administrative judge. It is usually not helpful to ask a lawyer the number of wins and losses for social security cases. Social Security claims differ so much and you do not know if an attorney took on simple or more challenging cases. The number of cases won, consequently, will not be valuable to helping you determine if he should be your attorney.

Q: Will Social Security look at all resources when determining eligibility for Supplemental Security Income?

A: All assets and resources will be considered when you apply for SSI. If you have beyond two thousand dollars worth of countable assets, you will not qualify for SSI. The home you live in is not a countable asset. The main car you drive will also not count against you. Additional cars and property, however, do count. Social Security will also factor in your bank accounts, insurance policies and investments.

Q: Will SSI benefits stop if you start working again?

A: SSI benefits are intended for those with limited resources and income. If you become employed again, your earnings may reduce or discontinue your SSI benefits. If your earnings are equal to or exceed the income threshold set by Social Security, your SSI payments may end. The pretax monthly limit this past year was set at just below $1000. It is important that you report all your earnings to Social Security. You are responsible for repaying any benefits that were paid that you should not have received due to income. It is important to note, however, that Social Security wants to help you return to work. Purposefully keeping your hours low for the sole purpose of continuing SSI benefits can be considered fraudulent. It may be helpful to seek counsel from a social security lawyer, if you wish to become employed but are worried about the transition from social security disability benefits back to the workforce.

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. Do not be worried. Your social security lawyer represents you. Communicating with both you and your social security lawyer can result in miscommunication. You and your attorney are a team. If you have any concerns about the status of your case, address them with your social security lawyer. That is why you hired representation.

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

A: Yes, a veteran can receive disability benefits through both the VA and Social Security. Any veteran who became disabled after September 30, 2001 is entitled to expedite his application for social security disability benefits. Although the accelerated process should happen without any added paperwork, it is wise to make sure your case manager knows you expect it. If you have a social security lawyer, have him handle it for you.