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.
Can I get partial disability through SSA?
No, Social Security does not offer disability benefits to people with partial or short term disabilities. Social security benefits are available only to applicants who are completely disabled and whose disability is considered likely to last at least a year. (Note that as long as your highest possible income is below an SSA determined level, you may work while collecting disability benefits. )
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. 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.
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Explain your situation and be proactive before you get in trouble. Filing for public assistance programs can also be helpful. Some states offer assistance loans that you must pay back once you receive a decision on your social security disability claim. Filing for food stamps and housing assistance may be beneficial for you, if the application process takes longer than expected. If your finances are in trouble because of your wait, it may be wise to seek counsel with a lawyer specializing in social security.
It can often take 6 or more months for your application to be completed. That is why you should apply for benefits as soon as possible. If your application is denied, you will probably want to appeal, which adds more time to the process. If you have any questions or concerns about the application process, you may want to contact a social security attorney.
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.
Though it may not seem like it, this injury itself is service connected, as you were on active duty when the accident or illness occurred, even though you were on leave. And in addition to the surgery, the incident has caused other problems that you need taken care of.
Q: Why should I obtain VA service connected disability benefits, how will it help me?
A: If you are successful in being service connected for your disability you could receive a monthly benefit and you become eligible for medical care at your local VA facility. The benefit amount you will receive each month will be dependent on what percentage of your current disability is determined to be service connected.
Q: If I am eligible for service connected benefits, and have 10% hearing loss and 30% PTSD, why are my disabilities considered only 30% connected to my military service?
A: The VA has a rating schedule that they use to determine what percentage is to be granted for each disability depending on the severity of the disability.
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