Nov 24

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.

Nov 16

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.

Nov 15

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.