Attorneys for social security disability

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: Is it true that there are no deadlines for your social security disability application to be reviewed?

A: An initial decision on a social security disability claim does not have to be made in accordance with a set timeline. The average time it takes most cases to be initially reviewed, however, is about 90 days. And although there are no deadlines for the initial review process, there are strict deadlines for reconsideration and appeals for hearings. Missing a deadline for an appeal or reconsideration will have a negative impact on your social security disability case. Most often, you will need to file a new application and start at the initial review process again. If your case was not approved after the initial review process and you plan to appeal, you must file it within 60 days of the date of your denial. And simply putting it in the mailbox on the 60th day will not cut it. Social Security needs to have the appeal on record by that 60 day limit. You are given a grace period to account for the time it takes to send something in the mail. You should not, however, put your case at risk by cutting a deadline too close. The best course of action is to submit that appeal as soon as you receive notification that your claim was not approved for benefits.

Q: Is it possible to speed up the date for your social security disability case hearing?

A: Trying to have your case heard before an administrative judge more quickly can be challenging. That being said, there some steps you can take to improve your chances. You can submit a dire need letter to the Office of Hearings and Appeals, if you are having trouble with your financial responsibilities (for example, making mortgage payments and paying medical bills.) Supporting documentation demonstrating your dire situation should accompany the letter. Duplicates of overdue utility and mortgage notifications will lend credibility to your dire need request. The hearing office will then decide if your claim should be accelerated. Another option is to request an on the record review of your case. An on the record review is when your claim is reviewed by the Office of Hearings and Appeals prior to the actual date for your case to be heard before an administrative judge. The medical evidence must be undeniable for a claim to be approved after an on the record review. A final alternative to help speed up the social security disability hearing process is through a congressional inquiry. Having legal representation is extremely beneficial if you plan to try to speed up the hearing date for your claim.

Q: Are there witnesses for a social security disability hearing?

A: Disability cases are decided based on medical evidence. Witnesses are allowed during the hearing, but it is up to the judge for your case to decide if the testimonies of witnesses will be used. Expert witnesses presenting medical and employment background are often utilized in hearings.

Q: Can my children obtain SS benefits under my account if they do not live at home with me?

Whether or not your children can receive benefits will depend on your specific relationship with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:

• The child is your legitimate, natural child
• The child is your legally adopted child
• The child is your natural, recognized, but unlegitimized child, and either a court has made a determination of support, or you regularly contribute financially to support the child.

If a court has not officially made a determination of support for a recognized natural child that does not live with you, you can show that child’s financial dependency upon you by providing:

• Evidence that the child is eligible as your dependent under other programs (state and federal)
• Old W2s and other tax forms showing that you claimed your child as a dependent
• Records that you made periodic payments for the child
• Additional related proofs

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: What is the process your SSDI benefits claim will go through when you file for benefits?

A: The first step in the social security disability process is the initial review. You will have an initial interview either at a social security office or by telephone, if it has not happened yet. The purpose of the interview is to assure that you have submitted all the requisite forms and that your file contains all the necessary details for the initial review. The disability determination services agency for your state will then receive your claim and a case manager will be assigned to it. The disability examiner for your case will obtain your medical records, review your case and meet with a consultative physician to make a determination regarding your case. You will then be notified as to whether or not you will be awarded social security disability. Most claims are not approved when initially reviewed. You can then request a reconsideration for your claim. A disability examiner and consultative physician that only deal with reconsidered files will evaluate your case. Many claimants seek the counsel of a social security attorney at this point in the process. That is because most cases are again denied after being reconsidered. And the next step would be to appeal to have your claim heard before an administrative judge. The hearing is your last chance to have your case considered. That is why most claimants have an advocate like a social security attorney at this point. Although a social security attorney is not required for any step in the process, it is extremely beneficial to have the expertise of an attorney during a hearing. Most cases that are awarded benefits after the hearing process are represented by an attorney.

Q: Will your social security attorney handle everything to apply for disability benefits?

A: A social security attorney typically handles all the paperwork after you have applied for benefits. You need to complete and submit the paperwork for your initial claim. You will also be required to personally complete information about employment history and your ability to do your usual tasks. Your attorney will assist you and make sure you complete those forms. Your social security attorney will also follow up with Social Security to make sure everything has been submitted correctly and on time.

Q: Can you submit an application for social security disability online?

A: Social Security does accept applications via their secure web page. You can download and complete the initial application, as well as the questionnaire regarding your condition and work history. A basic guide is also available on the site, to help you complete everything. To start the process, go to http://www.socialsecurity.gov/applyfordisability.

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: 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.

Q: Is it necessary to be represented by a social security attorney when you apply for disability benefits?

A: It is not required that you have representation when applying for disability with social security. Most applicants can submit their application for initial review without any difficulty. Those individuals who may have difficulty meeting deadlines, gathering appropriate information or are confused about the forms should consider hiring a social security attorney. A fair number of claims are not approved after they go through the first review. By making sure you submit all the required information and forms within deadlines and correctly, your case has the best chance of being reviewed fairly. Again, many applicants that do not have a lawyer submit everything on time and without difficulty for the initial review process. Most experts recommend hiring a social security attorney if your initial claim is not approved and you plan to have it reconsidered. If you plan to go through the hearing process after your claim has been reconsidered and was not approved, it is wise to have a lawyer. The majority of claimants who have appealed to have their claim heard before a judge have a lawyer on their side. Going through a hearing will be the final step in determining if you will be approved for disability benefits. A social security attorney has the experience and knowledge to assure that your claim will be fairly and appropriately adjudicated during the hearing process. The majority of claimants who are awarded disability benefits during a hearing process have been represented by a lawyer.

Q: If you are denied disability benefits after the initial review, should you apply again?

A: Assuming you submitted your application correctly, it is not advisable to start back at step one again. The majority of applications for social security disability are denied after the initial review process. Having your claim reconsidered is the appropriate and most beneficial next step. You must apply for reconsideration within 2 months of notification of denial. If you miss that deadline, you will then have to apply again and go through the initial review process. Most likely, since your claim was not approved after the initial review the first time, it will not be approved the second time. Once again, you will need to have your claim reconsidered and submit that appeal within the deadline. If your claim is not approved after reconsideration, you will need to appeal to have it heard before an administrative judge. By submitting another initial claim, you would have added significant time to your disability claim process. If you have any questions or concerns about meeting deadlines or recommended next steps after your claim was denied, you may wish to contact a social security attorney.

Q: Are you allowed to apply for disability insurance via the web?

A: Submitting your application for disability insurance can be done via the web. Visit the following Social Security link and follow the steps to submit your application with social security: www.socialsecurity.gov/applyfordisability.

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.