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.
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Only people whose disability is considered complete and is expected to last more than one year are eligible for social security benefits. (Note that as long as your highest possible income is below an SSA determined level, you may work while collecting disability benefits. )
I cannot work as long as before or at the same skill level, so although I still have a job, my income has dropped. Am I still eligible 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. The amount changes annually, so check the official Social Security web site or booklets to find out what the current limit is.
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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. 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. In case you are denied Social Security Disability benefits, you may even have to face a judge, which is yet another good reason to have a social security lawyer on your side. When you consider that many SSD applicants are often denied benefits two times or more, and the appeals process can take up to two years to complete, the reasons for hiring a social security lawyer become even more apparent.
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You will then be scheduled for an appointment with a representative assigned to your case. That initial appointment can usually be conducted by phone or in person, dependent upon what is easiest for you. Your claims representative will be your point of contact through the application process and will assure that you fill out the appropriate paperwork. If you are unsure if you qualify for SSDI (social security disability insurance) or SSI (supplemental security income), your claims rep can help you. He or she will also walk you through any application for back payments of social security disability benefits.
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The hearing process is the last and perhaps most thorough step in the social security disability process. Those who choose to submit a brand new application over and over again do not make it to the hearing stage. By choosing to apply again and start the process over, a claimant unnecessarily waits through the initial review process to likely not receive approval again. You will be back where you started. Appealing gives your case the best chance of approval.