Attorneys for social security disability

Q: How do people care and feed for their families, while they wait for a social security disability benefits claim approval?

A: The application review process for social security benefits can take anywhere from a few months to few years. Most cases take on average about 3 months to go through the initial review process. Most claims are denied during the initial review process. Most claimants who are denied choose to take the next step and have their case reconsidered and, if necessary, appeal for a hearing. The additional steps add time to process, of course. By the time a claimant has his case heard before a judge, he has often been waiting 2 years. It is very difficult to know how long it will take a particular social security disability case to go through the review process. Since most people cannot work while awaiting a decision about their application for social security benefits, getting by financially can be a hardship. Even those who can work in some capacity find it tricky. Your earnings must be below what Social Security has established as the substantial gainful activity limit. Unfortunately, no matter how small the workload, be aware that it could influence how your injury or condition is viewed by the reviewer. Regardless of whether you pick up work while awaiting a decision about your social security benefits, it is wise to take action now in case your claim takes longer than originally expected. Get rid of discretionary budget items and, instead, set aside the money. Many claimants refinance their property, so they will have money to put toward living costs while they wait. If you currently rent, look into finding a less expensive property. Some claimants are able to rely on loved ones for a loan or other resources during the interim period. Apply for any and all state and federal aid programs for which you qualify. Contact your utility companies to see if they offer aid programs. Speak with your doctor about billing plans that might be available to those awaiting benefits decisions. Look into charities that might be able to help. Some groups pay for prescriptions for those who qualify.

Q: I live in Florida, currently collect disability social security benefits and am in danger of having my home foreclosed. What should I do?

A: The state of Florida offers special homestead tax exemptions for which you may qualify. Such exemptions can reduce the taxable value of your property significantly. Request a disability exemption application.

Q: Can I get Social Security benefits for partial disability?

A: There aren’t many short, simple answers when it comes to Social Security benefits. But this question has one; and that answer is “no.” Though some other federal and state programs offer benefits to the partially disabled, social security benefits do not. According to the SSA, an applicant either has a qualifying disability, or he or she does not. When applying for social security benefits, you will either be considered 100% disabled or not disabled, making you either approved or denied.

Q: If my doctors say that treatment won’t improve my condition, why do I need to keep seeing them?

A: Even in the case that a medical professional cannot improve your condition, seeing a doctor regularly is very important for getting social security benefits. Why? Getting medical attention is key because the documentation it creates is a huge part of proving your disability and receiving social security benefits. As evidence of a disability, the SSA will look at your medical records. If there is little or no medical documentation of your disability, there is an overwhelming chance that your Social Security benefits claim will be denied.

When applying for Social Security benefits, the SSA considers it your own responsibility to document and track the progress of your disability. If you are applying or plan to apply for Social Security benefits, it is very important to regularly see a doctor; even if you’re not receiving treatment. Be sure your doctor keeps track of your symptoms to give the SSA a thorough history of your disability. The more supporting evidence found in your medical records, the greater your chance of being approved for Social Security benefits.

Q: I am able to work but not at what I used to nor can I earn the same money I used to. Am I allowed to apply for social security benefits?

A: Yes, you can still file for Social Security benefits. But this does not necessarily mean that your claim will be accepted. When the SSA decides whether or not you are eligible for social security benefits, one of the first things they look at is if you can do the same work you used to. If you cannot do that same work, they will then try to determine whether or not you can make a substantial income in another type of position. If you work, your eligibility for social security benefits will depend on the kind of work you do and how much money you make doing it.

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 you earn more than the amount Social Security deems as Substantial Gainful Activity, your SSI benefits may be in jeopardy. 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. If you have the desire and ability to work in any capacity, you should not hesitate to pursue that. If you can work more hours, but keep your scheduled work time low to simply keep your benefit payments, your actions may be viewed as fraud committed against Social Security. 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: Should you be concerned if Social Security prefers to communicate with your social security lawyer instead of you?

A: The disability case manager will probably wish to deal with your social security lawyer. You should not be concerned if this is the case. 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. You should be in frequent contact with your social security lawyer regarding your case. That is why you hired representation.

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

A: An individual is eligible to be awarded disability with the Veterans Administration and the Social Security Administration. 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.

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. Finding ways to get by in the meantime can be worrisome for some claimants. Given the duration some claims take, it is vital to examine and adjust your budget when possible. Try to eliminate all spending that is not mandatory. Even if you can pay for those things now, you need to have a financial cushion should your claim take a year or two. Try to put savings away for the sole purpose of supporting you through the long wait that may happen with your social security disability application. Some claimants restructure their financial obligations to help them through. Some utility companies, for example, offer low income energy assistance programs. Restructuring a mortgage to allow you to access equity or simply lower your monthly payments can be considered. Additionally, many individuals find that they can rely on friends and family for short term loans or other support. Look into aid programs to help with doctor bills and medication. It is important that you do not stop your medical care. Many charities offer assistance to pay for medications. Research any health benefits with the state for which you might qualify. You can also go to a free clinic program for certain things. Talk to your doctor about restructuring payment plans. Explain your situation and be proactive before you get in trouble. Filing for public assistance programs can also be helpful. Some states offer assistance loans that you must pay back once you receive a decision on your social security disability claim. Section 8 housing aid or food stamp programs may be helpful if your wait is long. If your finances are in trouble because of your wait, it may be wise to seek counsel with a lawyer specializing in social security. You may be eligible for dire need assistance with social security. Such assistance can help expedite your claim and offer monetary aid.

Q: Is it possible to apply for social security disability benefits at an actual Social Security office?

A: You can apply for social security disability insurance online, over the phone or in person. It is often recommended that doing it in person is the best method. Meeting with your claims representative will give you one on one communication. The meeting will be your first opportunity to provide background on your claim and medical condition, and the disability case manager will get to see how your condition currently affects your ability to function. This initial meeting sets the stage for the rest of process. To request an initial appointment in person, call Social Security and tell them you would like to apply for social security disability insurance in person. You will then receive a confirmation of the scheduled appointment via mail.

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

A: Decisions on some cases are reached within a few months, while others are not reached for years. A decision for a normal case that has all the required materials is made within 90 days or so.

Q: Do I need to have a social security attorney to apply for disability benefits through social security?

A: Not every disability case requires the services of a social security attorney. A fair number of applications submitted for social security disability benefits are not approved. If your case is not approved and you plan to appeal it, hiring a social security attorney is highly recommended. Hiring a social security attorney does not mean your case will be approved. It does guarantee, however, that your appeal will be executed correctly. The experience a social security attorney can bring to your case will be invaluable during a hearing.

Q: When is it recommended to submit an application for disability benefits with the Social Security Administration?

A: You should apply for benefits as soon as you become unable to work due to your injury. Although the current estimated time of application processing is 90 to 120 days, it is not uncommon for the process to take over 6 months. For this reason, you will want to submit your application as early as you can. The process will take even longer, if your case is not initially approved and you wish to appeal. Seeking the counsel of a social security attorney may be helpful, if you are confused about how and when you should apply.

Q: What is the difference between SSDI and SSI? Q: Are disability benefits and SSI the same thing?

A: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both benefits through the Social Security Administration offered to individuals who can no longer work due to injury. Individuals are eligible for SSDI, if they have been in the workforce and accrued enough credit to receive benefits. SSI, on the other hand, is based on financial need.

Q: What does the application interview for social security disability benefits entail?

A: The first thing that will happen after you file for social security disability is the scheduling of the initial interview. This interview is the starting point for your case manager to gather pertinent information regarding your injury or condition and your work status. If you have a social security attorney, he or she will help you prepare for that interview. If you do not have a social security attorney, then you will want to make sure you are prepared. Some sort of photo identification, like a drivers license or passport, is required. If you do not have a photo ID, you will be asked a series of questions to confirm who you are. Provide a certified copy of your birth certificate. If you are married, bring your marriage certificate. Similarly, bring documentation that provides proof of any additional dependents. Provide a DD Form 214, if you were part of the armed services. Years of service can often positively affect your benefit payments. Once all the identifying data has been collected, the interviewer will ask you about your work and injury. Be prepared with supporting documentation about your medical condition. Have a list of your doctors. Finally, provide supporting documentation and details about your employment for at least the past decade. Hours worked and salary should be included. Assure you consult with your social security attorney, if applicable, before you go to that first meeting with Social Security. If you do not plan to hire a social security attorney, then just make sure you have all the supporting documentation necessary to complete that initial interview. You can increase the likelihood that your case will be processed in a timely manner, if you make sure you have provided all the necessary information.

Q: How do you file an appeal if your application for social security disability is denied?

A: The next step after a claim for social security disability benefits is not approved is to make a request for reconsideration. Paperwork for reconsideration must be submitted no later than 60 days after the date of denial for your particular case. If you do not file within that timeframe, you will likely have to begin the application process from step one again. You do not necessarily need a social security attorney, but having such an advocate can be helpful during reconsideration. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. The services of a social security attorney can be extremely beneficial during preparation for and the actual hearing. A request for hearing cannot be made until a case is denied after reconsideration.

Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?

A: The biggest mistake is to wait too long to file an appeal. All forms to have a case reconsidered must be received no later than 2 months after the initial claim was denied. The expertise and experience offered by a social security attorney can be invaluable, if you are confused about appealing your claim.

Q: Will hiring a social security lawyer decrease the chances that my disability claim will be denied?

A: Having a social security lawyer on your side does not assure that you will be awarded social security disability benefits. If you have a social security lawyer, you can be confident that your case will be properly and fairly reviewed. A fair number of applications for disability benefits are denied during the initial review process and when reconsidered. If your claim is denied, you will want to appeal and have your case heard before an administrative judge. To undergo the hearing process, it is recommended that you hire a social security lawyer. An experienced lawyer knows the appeals process well and brings expertise that will be invaluable during an appeal. Additionally, if your claim is approved, a social security lawyer can help you with any issues regarding the date of onset and any back payments to which you might be entitled. A case can be approved without attorney representation. But many claimants are not willing to take a chance and prefer to have an advocate on their side through the hearing process.

Q: If you were absent from the scheduled hearing for a disability appeal, will you be denied benefits?

A: Missed hearings are not taken lightly by the Social Security Administration.If a hearing was missed for a legitimate reason, you should be able to reschedule. Legitimate reasons are those that were not expected and emergencies. Some common emergencies include illness, family circumstances, medical circumstances and transportation issues. Some people are not even aware that a hearing had been scheduled. Make sure that all representatives handling your case have your address and phone number during all reviewing processes. A social security lawyer would have assured that you knew about your scheduled hearing. A notice of hearing date is sent to your lawyer and you. The administration may dismiss your case, if you willingly failed to show up for your hearing. If your claim is let go, you will have to start the application process from step one. Consider seeking the counsel of a social security lawyer to assist you in securing a new date for your hearing and the process of the hearing itself.

Q: Are SSDI and SSI the same thing?

A: Although both programs are run by the Social Security Administration and are offered to individuals who are injured, they are quite different. Individuals who have contributed to Social Security via their paychecks and, consequently, earned enough work credits are eligible for Social Security Disability Insurance. Supplemental Security Income is awarded to individuals who have limited income and financial resources. SSI is not based on work history.

For people who can no longer work because of a disability or who get injured at work, we have a financial provision for them in the U.S. 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. Being fully insured means that you were working for a minimum number of quarters and paying into the Social Security system when you became disabled.
Regular social security benefits are not the same as Social Security Disability benefits and should not be confused. You must also be employed for a continued period of 12 months before you are injured or become ill to be eligible also.

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.

Children of people who are eligible for social security benefits can receive benefits also. Spouses of people who are getting social security disability benefits can also receive benefits in certain instances. For instance, if the spouse is over 62 years old they are eligible. 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.However, when a child under the age of 22 becomes disabled and was not working, they are still eligible for social security benefits. 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: Who qualifies for social security benefits when on disability?

A: To receive social security benefits due to an injury, you must meet some requirements. You must have been working and insured at the time of your injury. You must have been employed for five out of the previous ten years as a mimimum. That employment must have been with a position that had you contributing to Social Security. To be eligible for disability and receive social security benefits, you cannot be older than the Social Security Retirement age. 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. The Social Security Administration does not extend benefits to individuals with partial or short term disabilities.

Q: How long can an individual receive social security benefits?

A: Social security benefits will continue until a person no longer suffers from the medical condition that made him unable to work. The payments would end the second month after the injury is no longer present. Social security benefits would also end if a person reaches retirement age and is eligible for retirement benefits. Disability benefits would be converted to retirement benefits. Your file will be evaluated regularly in order to verify the status of your injury. You do not, however, need to reapply for disability benefits, if the status of your injury and employment has not changed.

Q: When will social security benefits begin, after an individual has received approval for disability?

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. Ideally, in that sixth month, a qualified individual would start receiving benefits. If you are still awaiting initial approval, it is difficult to predict when you will receive notice of a decision. How long it takes to receive requested medical records is what dictates the length of processing time in most cases. 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.

Q: If I get Supplemental Security Income benefits, will my children get them, too?

A: When applying for Social Security (whether you work with a social security lawyer or navigate the process on your own), you need to keep in mind the differences between Social Security Disability Insurance and Supplement Security Income, or SSI. While those that qualify for Social Security Disability Insurance Benefits may be able to obtain benefits for their children (a social security lawyer can help with the process), those that apply only for SSI cannot. Because SSI is considered to be a need based program, dependant benefits are not offered.

If you are approved for Social Security Disability Insurance benefits, on the other hand, it is possible to obtain benefits for minor children in some cases. Whether or not your children will receive benefits depends on your earnings records. Not all of those who apply for Social Security Disability Insurance Benefits qualify for dependents’ benefits. Those with a short work history may not qualify. Talk to a social security lawyer for details.

Q: Can I still get SSI benefits if I have money in the bank?

A: If you speak to a social security lawyer, he or she will explain to you the consequences of SSI being a need based program. Those that qualify for SSI must earn little money and have few assets. And while every state has a slightly different resource limit for qualifying for SSI, there are a few general guidelines that a social security lawyer will give you when looking over your application.

In general, the following are considered “resources” that count towards your income:

• Coins and Currency
• Bank Accounts
• Stocks and other Investments
• Real Estate
• Life Insurance Policies
• Automobiles
• Owned Property

While you may qualify for SSI benefits if you own a car or your own home, having too many resources or too much money in the bank will affect your eligibility. In general you must have less than $2000 in the bank for an individual, or $3000 for a couple, to qualify for SSI. However, you will want to talk to a social security lawyer about the specific requirements for your state.

Q: If I sell my home and make a profit, will I lose my benefits?

A: Like with most social security questions, the correct answer to this varies from person to person, and it is a good idea to consult a social security lawyer. If you do make money from the sale of a home, the amount of money you make will be the deciding factor in the effect on your SSI. If the profit from your home takes you over the “allowable value” of your resources at the beginning of the month, you will not be eligible for benefits for that month. If, however, you maintain those “over value” resources in a bank account into the next months, your eligibility for SSI benefits may come into question. If you are planning to sell a home, it is a good idea to consult a social security lawyer to understand how that sale may affect your benefits.