Attorneys for social security disability

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.

Do you qualify for social security benefits? The eligibility requirements are complex, and determining whether you qualify can be intensely frustrating. To work out which disability benefits you may be able to receive, and to find out whether you will be able to earn an income while receiving disability, read on.

Can I get partial disability through SSA?

No, people with partial or short term disabilities are not eligible for disability benefits through Social Security. 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 people who qualify for disability benefits may collect benefits while working as long as their maximum possible income is lower than a SSA determined income cap.)

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. Social Security changes the maximum income level yearly. You can find the current limit in the official SSA web site or in official SSA booklets.

However, your current income is not the only number the state agency will consider when evaluating your case. If you are capable of earning a higher income by changing to another job, you will not be approved 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?

When you first file for social security benefits, the state agency that manages your case will need a complete evaluation of your health, a process that may require repeated doctors’ visits. Your regular doctors may not be able to perform necessary tests or have equipment that is necessary to evaluate you, so you may need to visit another doctor to complete the evaluation. In that case, the state agency may arrange for you to be examined by another doctor.

Once you are determined to be disabled, you will need regular examinations to determine the progress of your medical condition. Because not all disabling medical conditions are permanent, your health may improve enough for you to work even without active medical care.

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. To start, be certain that your physician supports your case. It is imperative that your doctor provides a thorough and supportive statement regarding your condition and your inability to work. 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. Non receipt or incomplete medical information is the main cause of application delays. 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. You can do this by contacting your disability examiner directly or through your social security lawyer (if you have one). Similarly, if you do have a social security lawyer, periodically check in with him or her to make sure you have provided all the necessary information, etc.

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

A: You do not need to have representation from a social security lawyer to submit an application for disability. It may be wise, though, to hire an attorney if your initial application for benefits was not approved. You will need to submit paperwork to have your claim reconsidered. 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. And the next step after reconsideration is an appeal to have the case heard before an administrative judge. 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: How do you apply for social security disability benefits?

A: There are several ways to apply for social security disability benefits. Contact your nearest Social Security office by phone and make a request to submit an application. 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.

Q: If your application for disability is denied, what is the next step? And do you need a social security lawyer?

A: Having your case reconsidered is your next option if you were not approved for disability after the initial review process. It may be wise to seek the counsel of a social security lawyer if you plan to have your claim reconsidered, since many claims must go on to the hearing process. It is very important that you provide all the requisite forms no later than 60 days after the date of your application denial. If you fail to meet that deadline, you will have to submit a new claim and undergo the initial review process once more. Most claims are denied during the initial review process. Many cases are actually not approved until they have been through a hearing. You cannot, however, request a hearing until your claim has been through the reconsideration process. For that reason, make sure that you do not ignore the 60 day time limit to submit the paperwork for your case to be reconsidered. As previously mentioned, a social security lawyer can be a tremendous help, as your claim navigates both the reconsideration and hearing processes.

Q: How long will it take until a hearing is scheduled for a social security disability case?

A: Once your claim for social security disability benefits goes to the Office of Hearings and Appeals, it may take quite some time until a hearing is scheduled. It can take a year or two until a hearing is scheduled. The scheduling delay is often dependent upon the backlog in your particular state. It is important, therefore, to not add any more time to the wait by submitting your request for a hearing as quickly as possible. Having an advocate like a social security lawyer on your side during the hearing process can be extremely beneficial. A social security lawyer will assure that your case has been properly prepared and will be presented comprehensively during the hearing.

Q: Should you be concerned if you have not heard anything after a hearing request has been made on a social security disability claim?

A: A claimant does not often receive much communication while he is waiting for a hearing to be scheduled. Typically, a claimant will be sent a letter confirming the request for a hearing, another to provide the information about a scheduled hearing and one notifying the claimant of approval or denial once the case has been heard. A list detailing all the information in your case may also be provided somewhere in the hearing process. If you have concerns about the status of your claim, contact a social security lawyer.

Q: When should you submit your application for disability insurance?

A: It is the most advantageous to apply for benefits as soon as possible after the onset of your condition. If you are approved, you are not eligible to receive benefits until after a 5 month waiting period from the established date of onset of your condition. The date of onset is when you had to stop working because of the injury. But the review process for an application takes an average of at least 90 days. If you delay submitting your application, you add more time to how long you have to wait to receive your benefits even though you may be eligible. You will be able to receive retroactive benefits, even if you wait to apply. No one can receive benefits for the 5 month waiting period. Delaying the application simply means that you wait longer for your benefits to begin. If you are confused about when or how to apply for disability insurance, it may be beneficial to speak with a social security attorney.

Q: Is a claimant eligible for Medicaid, while receiving disability benefits?

A: If a claimant receives approval for SSDI (disability insurance), he can apply for Medicare. Medicare cannot begin until 2 years have past since the onset date of the injury, in addition to the required waiting period (5 months) an individual had to wait to begin receiving SSDI benefits. An individual who receives SSI benefits is eligible to apply for Medicaid. For individuals who receive concurrent benefits from SSDI and SSI for a time, the line between eligibility for Medicaid versus Medicare can get blurry. An individual in this situation should call the social security claims manager for his particular case to determine eligibility for Medicaid and Medicare. If you believe you are eligible for certain benefits and have not been approved, you may wish to seek counsel from a social security attorney.

Q: Do you need a social security attorney if you plan to appeal your claim?

A: It is not required that you have a social security attorney for any portion of the application process for disability benefits. That being said, if your claim is not approved after the initial review process, it would be wise to obtain legal representation if you plan to appeal. A fair number of claims that are filed for reconsideration are not approved and must be appealed to go before a hearing. Most cases that are approved after they are heard before a judge are represented by a social security attorney. The knowledge and expertise a social security attorney can bring to the hearing process can be invaluable.

Q:. I have seizures occasionally. Can I get disability benefits?

A: Not all applications for Social Security disability involving seizures are approved. The two factors that determine whether you qualify are how often the seizures occur, and if you are following the prescribed medication and treatment recommended by your doctor. Seizures that are categorized as major motor seizures must happen once a month or more and must occur during the day. Applicants with minor motor seizures must experience them at least once a week to qualify for benefits. You must prove that you have been following the prescribed medication and therapies recommended by your doctor. If records indicate that you have not been taking prescribed medication, you will be denied benefits. You will need to provide a copy of your EEG and copies of your medical records. A social security lawyer may be helpful in determining if your specific situation meets the guidelines of the Social Security Administration.

Q: Why is the application process for claims so long?

A: Unlike applications for other federal programs, the Social Security office has no required timeline for processing applications for disability. Assuming all the required information was provided, it takes most applications 3 or 4 months to be processed. That means that within 3 or 4 months, you should be notified via letter whether or not your application was approved. There are many steps to processing your application. The disability examiner for your case must first request medical records. Waiting for requested medical records is what causes most application delays. The disability examiner will provide a write up summarizing your medical records, then give the file to a medical specialist to review. The file will be given back to the examiner after the medical specialist provides his expert opinion. After that, a final decision about your case is rendered and you will be given written notification of the status (approved or denied) of your case. If your case is denied, you can first apply for reconsideration. In that case, your application will go through the same process with a different disability examiner and medical consultant. Consulting with a social security lawyer would be helpful, if your case was still not approved after reconsideration. Your next step would be to appeal your case. You may have to appear in court to defend your case.

Q: Will hiring you make my case be processed more quickly?

A: Applying for disability with the Social Security Administration can be an arduous process. A fair number of applications for benefits are filed incorrectly or incompletely, which results in significant delays and the need to re apply. A social security lawyer can help you navigate the process and assure that you have provided all the necessary components for your application. This will allow you to file your claim correctly and more quickly than if you had to do it all on your own. Over half of the application submitted are not approved. In some of those instances, having an advocate like a social security lawyer may have increased the likelihood of approval. An attorney is usually recommended if your application is denied and you plan to appeal or have your case reconsidered.

If you are currently suffering from a disability, a disease, or any type of medical condition that prevents you from working, you are possibly eligible for Social Security Disability benefits or SSD. The main purpose of the SSD is to provide individuals that are deemed by the government to be disabled to receive a certain amount of money every month. 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. Even if you conform to all of these requirements, there is still a chance that you will not be granted Social Security Disability benefits, which is why you may want to consider hiring the services of a social security lawyer.

A social security lawyer can collect information that will help prove your eligibility for SSD. Claiming Social Security Disability benefits can be a long and arduous process, oftentimes involving various forms and documents, and interviews with Social Security Administration representatives. 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. With a social security lawyer, this process can be speeded up considerably.

It is important for you take your benefits claim seriously and to do what your social security lawyer suggests at all times. 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.

It is important to consider your social security lawyer as your most effective ally in your quest to receive Social Security Disability benefits. Helping him or her out to the best of your abilities will greatly benefit you in the end.