Social Security Lawyer Can Win For You
Posted by admin on Jan 21, 2009
Many people that apply for Social Security benefits take on the entire task by themselves, although hiring a Social security lawyer can make the process easier and simpler. Since errors made at the start of the application process results are a common occurrence, many claims for disability benefits are often denied. Fortunately, a qualified Social Security lawyer can help you appeal your case, which can result in a reversal of the decision to deny your application.
How long will it take before you are covered for Medicare?
Most people who are already receiving Social Security disability benefits will receive Medicare coverage automatically. Information about your Medicare benefits and your Medicare card will be sent to you shortly before you reach the age of 65 or before your 24th month of disability. If you do not currently receive Medicare benefits however, you may not be enrolled in the program automatically. You will then have to arrange for an appointment with the Social Security Administration. Upon the processing of your application, the Social Security office will then determine if you are eligible for the Medicare program.
What does it mean if you are short one credit for disability insurance?
One of the requirements for being eligible for Social Security Disability Insurance benefits is that you should have received a certain number of credits for the work you have done during a specific period and you should have earned a specified amount during the ten years prior to your disability. A credit is equivalent to a quarter of the calendar year. According to Social Security regulations, you should have earned a specified amount in dollars during a quarter. To be eligible for Social Security Disability Insurance, applicants need to have credits equivalent to at least 20 quarters or 5 years’ worth, over the past 40 quarters or the ten years previous to becoming disabled.
Working while you have a Social Security claim pending
A common misconception that many people have is that they cannot apply for Social Security disability benefits while they are working. The fact is that you CAN actually apply for benefits, make an appeal, and even receive social benefits while you are currently working. Keep in mind however that your monthly income cannot be higher than your SGA or substantial gainful activity amount, which is $900.00. The reason behind this restriction is that the Social Security Administration assumes that if you are able to work and earn more than the SGA, you are not legally considered disabled.
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Foremost of these is the extent of your disability as defined by the Social Security Administration. Under SSA rules, you are classified as disabled if you cannot work in the same job as before, and your condition prevents you from working at another job. You will also be considered disabled if your condition is expected to last for a period of one year or more OR if it is expected to result in your death.
The Social Security program assumes applicants that have family members that are currently working and will have access to other means that will support them during times of short term disability. These resources may include compensation from your place of employment, insurance programs, and personal savings.
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He or she will also walk you through any application for back payments of social security disability benefits.
Q: Is there anything I can do to increase the likelihood that my social security disability claim will be approved?
A: A fair number of applications for social security benefits are not approved. But there are many things you can do to increase the chances that your claim is awarded. The most important thing to do is assure that you have submitted your paperwork correctly. Keeping contact with the claims representative assigned to your case can help with this task.
Other times, the largest payment will come from your own account. Either way, you have to choose which payment is highest, as you cannot have both.
When deciding if you want to apply under a spouse’s account or your own, calculating the highest social security disability payment is an obvious first step. It is best to check with the SSA to determine what those payments might be. Depending on your age, level of ability or disability, and your years of work, it is possible to receive higher payments on your own, or via a deceased spouse’s account.
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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. That is why it is so crucial that you meet the deadline for reconsideration. Again, hiring a social security lawyer can assure that all the necessary deadlines are met and paperwork submitted.
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There is no provision for partial disability under the Social Security Act. In case a person is unable to perform a previously held job, the administration looks for an equitable alternative for the person. The medical condition of the person, his age, educational qualifications, previous work experience and other skills are all examined to judge whether another job could substitute the previous occupation. If no other opportunity presents, the State agency will decide that the individual is indeed disabled. State rules are more lenient for persons over the age of 50 and some benefits may accrue if the person applies for such relaxations.
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But many claimants are not willing to take a chance and prefer to have an advocate on their side through the hearing process.
Q: What happens if you miss the hearing date for your social security disability claim?
A: Being absent from a scheduled hearing is not recommended. If a hearing was missed for a legitimate reason, you should be able to reschedule. Emergency and unexpected circumstances are the only reasons that will be accepted. For example, you had a medical issue, were ill, had a family emergency or were unable to physically get to the location of the hearing.
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The number one reason cases are held up is due to a wait for medical records. It is important, therefore, to assure that your complete medical records have been sent to the disability examiner handling your case. If a consultative exam is requested, make sure you do it. Contact your case manager if you need to cancel or postpone an appointment. A decision cannot be made regarding your claim, if the representative handling your application does not have thorough or updated information about your injury.
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Social Security pays benefits to people who cannot work or need to discontinue employment owing to a medical condition that is expected to last at least one year or is possibly fatal. If an individual is employed with average monthly earnings exceeding a certain amount as decided by the administration, then the person will not be considered as disabled. The amount changes each year and can be accessed from the administration’s Update (Publication No. 05 10003) for the current year. There is no provision for partial disability under the Social Security Act.
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. Hiring a social security lawyer may prove to be very beneficial to you when filing your claim, since conforming to all of those requirements does not necessarily guarantee that you will be approved.
A social security lawyer can be a great help to you in compiling the information that you will need in order to make your case for a disability claim. The process of getting your Social Security Disability benefits can take a very long time, and you will have to fill out a lot of documents as well as submit to an interview with a representative from the Social Security Administration. 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.
The state agency takes into account applicants’ health, age, experience, and education when evaluating which jobs they are suited to do. If you would be able to support yourself if you switched to a better job, training and job search assistance are available
Many applicants are confused and annoyed by their social security agents’ request to continue seeing doctors even after they have doctors’ statements that there is no available medical treatment for the applicant’s condition. If this is what you are dealing with right now, there is an explanation! First, your regular doctors may not be able to provide all of the information the state agency needs to evaluate your case. The agency will arrange for you to see a doctor who has the specialized experience or equipment necessary to complete the examination. The visit is not for treatment; it is simply part of your case evaluation.
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. Supporting yourself while you wait can be quite stressful. Given the duration some claims take, it is vital to examine and adjust your budget when possible. Do not make any unnecessary purchases, especially large ones. Regardless of what you can afford now, resist temptation to spend.