Attorneys for social security disability

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: 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.

Q: If I hire a social security attorney, is there a way to know how much I might have to pay him or her?

A: Your lawyer would only be paid if you are awarded disability benefits. If your claim is not awarded benefits, your lawyer will not be paid. That means that your social security attorney will do all he can to assure you win your case. Your lawyer will be awarded no more than one quarter of your back pay. There are limits to how much that dollar amount can be. A lawyer can receive no more than about $6000. Social Security usually pays your legal representative directly and subtracts it from your back pay sum. You may have to pay your lawyer for out of pocket expenses that may have been incurred, in addition to the amounts limited by Social Security.

Q: If you are filing a disability claim, is it necessary to have legal representation?

A: It is possible to be awarded benefits without the help of a social security attorney. Most claimants can handle the first step in the process themselves. Unfortunately, a fair number of applications for disability benefits are denied after they go through the initial review process. If you plan to appeal after being initially denied, the expertise of a social security attorney would be extremely helpful. You will need to file for reconsideration within 60 days of when you were notified of denial. Most claims are still not awarded benefits after reconsideration. Submitting an appeal for a hearing is the last chance for a claim to be awarded benefits. The knowledge and experience a social security attorney can bring to your claim while undergoing this last step is extremely beneficial. Most claims that are awarded benefits after being heard by a judge have legal representation. Having a lawyer on your side also guarantees that no deadlines will be missed and that your file is complete and correct.

Q: Is it possible to keep track of where your file is after you apply for disability benefits?

A: Making sure you know how your claim is progressing is very smart. If you have a social security attorney, he or she will do this for you. But if you do not have a lawyer, do it yourself. Simply contact the disability examiner for your case and ask for an update. You have the benefit of seeing that your case is going through the review cycle like it should, and you have a chance to chat with the disability examiner regarding any issues that might be delaying your claim (such as missing medical records or lack of required forms).

Q: Are there any restrictions about attending classes after I have applied for social security disability benefits?

A: You can attend classes while your social security disability insurance claim is being processed. It is best not to broadcast your academic endeavors, though, if your application was submitted due to a mental claim. Everyone knows that the stressors of going to work everyday can be quite different than those of the flexible academic environment, but the case representative reviewing your claim may assume your injury does not qualify as a disability. A disability examiner may assume that if your injury does not prevent you from attending classes, then you can surely be part of the workforce. That is why it is often recommended that you be careful when mentioning your student status if your social security disability claim is pending.

Q: If you are awarded social security disability benefits, when are you eligible for Medicare?

A: Once you have reached two years past your date of entitlement for social security disability, you can qualify for Medicare. That entitlement date is the date of onset of your condition (determined by social security when your claim was approved) with the 5 month waiting period added on. You begin receiving social security disability benefits roughly on your entitlement date. Medicare benefits can be awarded two years after that. If you were awarded social security disability insurance benefits, you will receive Medicare. You will be eligible for Medicaid if you were awarded Supplemental Security Income (SSI) benefits. For individuals who collect SSDI and SSI benefits concurrently, they should get in touch with their local social security office to know which medical benefits they will receive.

Q: How are social security disability benefits calculated?

A: Your payments are determined by how old you are, your earnings, your years of employment and the amount of social security contributions you have made through payroll taxes. Depending upon those factors, you can collect up to about $2200 in social security disability payments monthly. A family can receive as much as $3800 in monthly payments.

There are many people out there that have questions about the Social Security Disability process, how it works, if they qualify and what to do. This process is one that can be extremely frustrating to someone that is unfamiliar with the laws or the process. If this is you, you are not the only one out there feeling that way. Read on for easy to understand answers to some of the social security questions we most commonly hear. We hope that this information can help you to better understand the process, and know what you should do next.

The question we probably hear more than any other is “How are Social Security Disability and Supplemental Security Income different? This is a good question because there is a big difference in the two. Social Security Disability is known as SSD and Supplemental Security Income is known as SSI. The common ground between the two is they are both for disabled citizens, but that is where the commonality ends.

Supplemental Security Income is for those disabled persons who have either never been employed and earned money, or have not been employed enough total time to make them eligible for Social Security Disability. This would include children, stay at home parents or spouses, or younger individuals that worked but did not pay enough into Social Security in the last 5 to 10 years to be eligible for SSD before they became disabled. SSI also is income based, so if you are married and your spouse makes too much money for the Social Security guidelines you could be denied even if you are disabled.

For SSD, when you work and pay taxes you also pay Social Security. The Social Security Administration keeps records on each individual, recording how many years they worked, how much they earned, and how many Social Security “quarters” they have worked and paid. Once a person has qualified for SSD benefits, a Social Security record or statement will be provided to them annually. In this record, you will be able to see what kind of benefits you would be eligible for were you to become disabled and were granted SSD benefits. Your “DLI,” or Date Last Insured ,will also be referenced on your annual SSD record.

Q: “How can I get a copy of my statement?”

A: You can contact your local Social Security Administration office and ask for a copy of this statement. You can also call the 800 number for the Social Security Administration and ask them for the pertinent information which would be how many quarters you have, what your DLI is, etc. To locate your local Social Security office, simply call 1 800 772 1213 or visit the Social Security Administration’s website.

Q: “Why don’t I qualify for SSD when I worked the majority of my life?”

A: The reasons why you may not qualify for benefits are different from person to person. Paying “quarters” into Social Security is similar in concept to paying for health insurance. Insurance benefits will end after a certain time has elapsed since you last paid. This is the same for Social Security. If you work for 25 years and you decide to take early retirement you are now not “paying” into Social Security. You only have a certain amount of time to file for SSD benefits before your coverage ends. If you are in this situation and your coverage has ended then you should consider applying for SSI.

Q: “It’s my money! I worked and I paid into the system, why can’t I get my money back?”

A: This is a good argument but unfortunately this is not how Social Security works. You do have to be found medically disabled even for SSD benefits. Paying into the system simply qualifies you for Social Security Disability.

Q: “I am already getting Social Security Disability but its not enough, I need to get more money.”

A: This is often what people say and this situation is understandable. However, in the world of Social Security benefits, the idea of “getting more money” just does not exist. Social Security Disability is very “all or nothing”; you are either approved and receive your full benefits, or you are not approved and do not receive a thing. There is only so much “money” in your “account” to be withdrawn. It is similar to if you had a regular bank account that you withdrew monthly funds from, there is only so much money in that bank account and no more is being added because you are not working.

Q: “I was on SSD and then I went go jail, why am I not getting my benefits anymore?”

A: When a person is incarcerated, they become a ward of the state, which pays for food, board, etc., During this time, your SSD benefits will automatically stop, and you will have to apply for benefits all over again when you are released. If you find yourself in this situation, it is a good idea to speak to a lawyer or an expert in SSD laws and policies.

Q: “How long should I expect to wait before I get approved?”

A: The answer to this changes from applicant to applicant. As a general rule, pretty much every applicant will be rejected one or more times. Because of this, the application process generally takes anywhere from two to five years. If you are in the middle of this process, and have a hearing scheduled to evaluate your application, it is a good idea to speak with a professional who understands the ins and outs of the SSD process. Most Social Security professionals offer a free consultation, and will let you know up front whether or not they can take on your case.

Q: “My SSD application was approved, and I have been receiving benefits. Now they tell me they paid me too much and I have to pay them back.” A: This can happen and it is referred to as an overpayment case. There are attorneys that handle this specific situation.

If you find yourself in any of these situations and you are not sure what to do start asking questions. Speak to a professional who deals with SSD, and keep in mind that if one lawyer rejects your SSD case, there are others who may be willing to take it on. There are attorneys that handle SSI but not SSD and there are attorneys that handle all types of situations with social security benefits. If you do not know how to find a Social Security lawyer or who you should speak to first, there is a referral agency for lawyers who work with Social Security cases. This agency is called the National Organization for Social Security Claimant’s Representatives, or NOSSCR. If you call them and let them know what type of social security situation it is, such as SSI benefits, an overpayment case, a cessation (where they stopped your benefits) etc, they will give you the name and number of an attorney in your area to contact.

There are many veterans in our country that have no idea that they could be receiving benefits. While some feel like leaving the past behind them, so to speak, others do not even realize that there may be reason for them to receive benefits. Obtaining benefits from the VA can sometimes be a difficult and long process that sometimes does not seem worth the effort. But injured or disabled veterans have a right to benefits, and so should look into the process for obtaining them.

Q: How do you know if you could be receiving benefits? Who, exactly, is qualified to receive them?

A: There are three key factors in determining if you might be eligible to obtain VA service connected disability benefits. First, you had to have served in the Army, Coast Guard, Navy, Marines, or Air Force. Second, you must have a current disability, either caused by your time in the service or a disability that you had going into the service and it was aggravated or made worse by your time in the service. This could be anything from High Blood Pressure to certain types of cancers as well as many other disabilities depending on when and where you served. Lastly, you need to show evidence that your current disability is connected to your military service.

A good illustration of this kind of injury is if you injured your knee while hiking with your some friends while on leave from active duty. Today, even though many years have passed, the problem caused by that old injury is only getting worse, and you will soon need surgery to have the knee replaced. This can be service connected because while you were in the service you had an accident, incident, or illness. And in addition to the surgery, the incident has caused other problems that you need taken care of.

Q: But how will receiving benefits from Veteran Affairs really help me?

A: Like this: if you do obtain benefits, you can receive monthly monetary benefits, as well as eligibility to use the VA hospital and medical facilities. The benefit amount you will receive each month will be dependent on what percentage of your current disability is determined to be service connected.

Q: If I am currently service connected and I have hearing loss at 10% and PTSD at 30% why am I only considered 30% service connected?

A: Veteran Affairs uses a rating schedule that uses the severity of your disability to tell them what percentage service connected disability to award you. They also use a rating chart to total your percentage of service connection, they do not use mathematical terms. Because determining a percentage of service connection is quite complex, if you feel that the percentage awarded you is insufficient for your disability, you should speak to a professional about your options.

Q: My cousin has obtained a 65% service connection for the exact same disability I have. Why?

A: This is due to the fact that the VA rates everyone separately depending on the severity of their disability. Again, there is a rating schedule that determines the amount of benefit and the percentage of service connection that each person receives.

Q: If I work at Veteran Affairs, can I still receive disability benefits for my time in service?

A: Yes. Unlike with Social Security Disability, the disability benefits you obtain from Veteran Affairs are not affected by working. If you are granted service connection for a disability that is not keeping you from working then you can still work and receive benefits. The VA does not reduce your VA service connected disability benefits just because you are working and receiving an earned income.

Q: Can I receive Social Security Disability benefits and VA service connected disability benefits? A: Yes, you can. While Social security disability does gauge your earned income when determining your SSD benefits, your VA benefits are not considered earned income, and so will not get in the way of your SSD benefits.

Q: My husband/wife was in the service and receiving VA service connected disability benefits but they have passed. Am I eligible to get his or her VA benefits?

A: In some cases, yes, benefits are available for children and spouses who survive a deceased veteran. However, every case is different, and you need to be sure to speak to a professional before moving forward.

Q: How do I file a claim?

A: Veteran Affairs has laws to follow called “Veteran Friendly Laws.” The VA has the duty to help you file a claim and walk you through the process of obtaining benefits. There are Regional Offices in every state and there are organizations set up to assist the veterans at no cost to you. You can find your local VA Regional Office as well as Veterans Service Organizations on the VA website at www.va.gov.

Q: Can I hire an attorney?

A: The VA does have laws that tell attorneys when they can represent a client for a fee and when they can not. You can find some lawyers who will represent you for free, or Pro Bono, and others who will require you to sign a contract promising payment for their services. You should contact a local attorney’s office for more information and specifics regarding your claim.

Q: I am already receiving VA service connected disability benefits, can I receive anything else?

A: This depends on your situation. If you have a service connected disability and it has gotten worse, you can request for an increase in your rating which would result in higher benefits if a higher rating is granted. Veteran Affairs also provides expanded benefits to those veterans who cannot work due to their service connected disability. To apply for these benefits there is a separate form that needs to be filled out and filed with the VA. If you feel that your disability makes it impossible for you to work, and should therefore receive more benefits from the VA, you should either contact a VSO or a lawyer to answer your questions and help you through the process. The VA also has benefits for those individuals that are unable to care for themselves on a regular basis or those that are unable to leave their home most of the time. These benefits are a homebound compensation. If you need assistance in caring for yourself but are having trouble paying for the care you should look into this option.

Every veteran’s case is different and obtaining the benefits set aside for you by the VA can be quite confusing to some people. The VA’s website has a lot of information on what kind of benefits there are beyond disability benefits and what you can do to receive these benefits. If you are a veteran and you were injured in any way or your disabilities that you had before going into the service were aggravated in any way please look into your options. After all, you served your country in the past, and may very well be entitled to receive benefits for it today.

People don’t really know about social security benefits. In fact, the entire discussion around social security is a bit confusing. You certainly won’t get straight information from politicians on social security. They seem to be scared of taking on the issue and having an honest discussion

I guess, long ago, the government decided that they needed a program to take care of our citizens. They established the social security administration to handle this public need. It idea is fairly nobel. Take care of those people in our society that need help. If they don’t have money, for whatever reason, our country will provide social security HillandPonton.com

So taxes were created and spending started. I think when you are at the very beginning of one of these programs, it is great. It’s only when the program has become old, the funding didn’t work out as you hoped, that things get difficult. At this point, social security is not in good shape. The only thing that is clear is that noone yet knows how to solve the social security problem.

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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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