Do You Need a Social Security Attorney to Appeal a Case?
Posted by admin on Feb 25, 2009
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. The purpose of the interview is to provide the disability examiner assigned to your case with the basic background about your case and you. If you have a social security attorney, he or she will help you prepare for that interview. You may not plan to hire a social security attorney, in which case you should get organized and assure that you arrive at that interview with all the necessary items. Bring a picture ID. You will have to answer some questions regarding your identity, if you do not currently possess a picture identification card. Provide a certified copy of your birth certificate. Take proof of marriage, if applicable. Similarly, bring documentation that provides proof of any additional dependents. Provide a DD Form 214, if you were part of the armed services. Sometimes, your time in the military can increase the amount of benefits. After the disability case manager has confirmed your personal details, he will move on to the details of your case. Make sure you bring copies of your medical records and treatments for your current injury. Provide contact information for all your treating physicians. Lastly, come prepared with background on the past 15 years of your work history. Of particular interest will be wages and average number of weekly work hours. Again, if you plan to hire a social security attorney for the application process, it would be wise to meet with him or her prior to the initial interview. 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: If your application was denied after the initial review process, you should plan to file for a 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. Although it is not required that you have a social security attorney, it may be wise to seek the counsel of one now. The majority of cases will not be approved after reconsideration and claimants will then request 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 major pitfall when filing an appeal for a disability claim?
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. If you have any concerns about deadlines or necessary forms for an appeal, you may want to consider contacting a social security attorney.
Do You Need a Social Security Attorney to Apply for Benefits?
Posted by admin on Feb 16, 2009
Q: Do I need to have a social security attorney to apply for disability benefits through social security?
A: You do not necessarily need to hire a social security attorney. A fair number of applications submitted for social security disability benefits are not approved. Those wishing to appeal their case would be wise to seek counsel from a social security attorney. Hiring a social security attorney does not mean your case will be approved. It does guarantee, however, that your appeal will be executed correctly. A social security attorney will assure that all the details for your hearing are prepared and will know how to navigate the process.
Q: When is it recommended to submit an application for disability benefits with the Social Security Administration?
A: It is recommended that you submit your application for disability benefits as soon as possible after you are no longer able to work. 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. If your application is denied, you will probably want to appeal, which adds more time to the process. 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. Only people who have been working for a certain amount of time and have contributed to Social Security qualify for SSDI. SSI benefits are distributed to those with limited income and assets, regardless of work history.
Social Security Lawyer Questions for Social Security Claims
Posted by admin on Feb 11, 2009
Q: I recently applied for social security disability benefits and was told I needed to undergo another medical exam. Is this common?
A: It is common for Social Security to request that applicants for disability undergo another medical exam. Your representative will refer to it as a consultative examination. A CE is requested by the disability examiner who handles your case. The administrative judge for your appeal can also call for the CE. The consultative exam most often serves one of two purposes. If your medical records are not very current, an exam will be helpful. Current information is usually needed to process your case. The second reason would be because your medical files are not complete. Perhaps you do not have recent x rays or a required test for your particular condition. A call for a consultative examination is not an indication that your case will not be approved. But it does mean that your file cannot be fully reviewed until the information from the CE is obtained. If one is requested, you will have to participate in the CE. It may be wise to seek the counsel of a social security lawyer in the event that you feel you have been treated unfairly during a consultative examination process.
Q: Do I need to hire a social security lawyer if my initial application for disability through Social Security was denied?
A: A social security lawyer on your side will definitely make the appeal process less stressful for you. A large number of cases initially reviewed by the Social Security Administration are not approved. If an application is not approved, it is not necessarily an indication that the case should not be awarded benefits. Often cases are denied simply due to lack of appropriate information. A social security lawyer knows the hearing process well, will make sure your file has all the required information and that it is fairly reconsidered. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.
Q: After I apply for disability, do I need to check the status of my application?
A: You should check up on your case. Your social security lawyer (if applicable) can also check your application status. It is possible that your application could be lost. In other cases, notice of approval or denial of an application may never reach the applicant. There are many stages your application must go through to be reviewed. Without knowing it, your file may not be able to go to a next step because you were not aware of information that was needed. Knowing where your application is in the process, or if it has been lost, can be extremely helpful. To check on the status, it is best to contact the disability examiner assigned to your case. Most applications are reviewed within 4 months. If it has been longer than that for you, contact your disability examiner.
What You Should Know About Social Security Benefits
Posted by admin on Feb 5, 2009
Can people that are only partially disabled apply for Social Security Benefits?
Unlike other programs, the Social Security Administration has clearly defined rules governing the granting of Social Security benefits. The SSA rules clearly state that they only grant Social Security benefits for applicants that are totally disabled. People who only have cases of partial disability or short term disability are not eligible for Social security benefits.
My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?
Even if you are suffering from a condition that doctors have deemed untreatable, you should still keep seeing a doctor in order to avail of medications that may help alleviate any symptoms or pain that you are experiencing. This is all the more important if you are still currently receiving Social Security benefits, since the SSA will check on your status from time to time and decide if you are still considered disabled. If you have not been seeing a doctor on an ongoing basis Social Security could use this against to you to state that you must not be disabled anymore.
I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for SS benefits?
The Social Security Administration grants Social Security benefits based on a few considerations. The most important condition is the degree of your disability as determined 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 are also classified as disabled if your illness or condition is anticipated to last for a year or if you are expected to die from your condition.
Social Security is designed to work on the principle that members can rely on family members to support them during their illness or that they have other sources of income. These resources may include compensation from your place of employment, insurance programs, and personal savings.
The Social Security Administration has an extensive list of medical conditions that is used to determine if the person is eligible to receive benefits or not. If you are currently suffering from a condition that is not included in the list, the Social Security Administration will determine your eligibility based on the severity of your medical condition.
If you cannot work in the same job that you had before and you cannot work at any other job, you will be able to avail of Social Security benefits.