Should A Claimant Hire a Social Security Attorney for the Hearing Process?
Posted by admin on May 25, 2009
Q: How long do you have to be out of work before you can apply for social security disability benefits?
A: It is the most advantageous to apply for benefits as soon as possible after the onset of your condition. Should your application receive approval, you cannot actually collect your first payment until you are into the sixth month of your injury (social security will determine an “onset” date for your injury). 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. So, if you wait to apply, you can expect delays in receiving your first payment. A claimant is entitled to back payments of benefits. The eligibility waiting period will not be included in those retroactive benefits payments. But the longer you wait to apply, the longer you wait for your first check. 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: Can you receive Medicaid and social security disability?
A: A person who is approved for social security disability insurance (SSDI) is eligible 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. Those claimants should contact their social security representative to find out more information about applying for Medicare or Medicaid. 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: You do not need a social security attorney to apply for disability insurance, have your case reconsidered or appeal for a hearing. If your initial application is denied and you plan to appeal for reconsideration, however, you may wish to hire a lawyer. Most cases that are reconsidered are denied and are then appealed to be heard before an administrative judge. Most cases that are approved after they are heard before a judge are represented by a social security attorney. It is extremely beneficial to have an advocate like a social security attorney on your side, as the hearing is your last chance to present your case.
Social Security Benefits: What Are the Limits on Disability Benefits?
Posted by admin on May 17, 2009
Which social security benefits are you eligible for? The eligibility requirements are complex, and determining whether you qualify can be intensely frustrating. These frequently asked questions will clarify which disability benefits you are eligible for, and how far your benefits will stretch.
Does SSA offer partial disability benefits?
No, Social Security does not offer disability benefits to people with partial or short term disabilities. Only people whose disability is considered complete and is expected to last more than one year are eligible for social security benefits. (Note that you may continue working while collecting disability benefits if your highest possible income is beneath a certain level.)
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, if your income is lower than a certain SSA determined level, you are eligible to file for disability benefits. 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, be aware that your earnings in your current job are not the only earnings the state agency will take into account. 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?
In the beginning, the state agency that handles your social security benefits will request that you go to doctors several times in order to get a complete evaluation of your medical condition. The doctors you usually go to may not be able to provide enough information; for example, you may need tests or equipment that your doctor does not have. In that case, the state agency may arrange for you to be examined by another doctor.
After you have been ruled eligible for disability benefits, regular examinations will be necessary to track the state of your health. Not all disabilities are permanent; you may improve enough to return to work, even if there is no medical treatment that can speed your improvement along.
Need Social Security Disability? Start by Getting Medical Care
Posted by admin on May 15, 2009
Obtaining Social Security disability benefits for a person under the age of 50 is not impossible, but it is much more difficult then it would be for someone over 50, who is considered an older individual. The burden of proof for a younger individual is that there is no work in the national economy that he/she can do. For an older individual, they typically only have to prove that they can no longer do the work that they did in the past 15 years.
If you do not have medical insurance, Social Security will send you to their doctors. These Social Security doctors are not actually there to treat you, but to examine your case impartially and methodically. Because of this, having a record of treatment from independent (non Social Security) doctors is generally the best way to provide proof of your disability. These are physicians with real knowledge of your case and experience with your disability.
If you do not have medical insurance, there are two different places you can go for help. One of these is the county clinic in your county, and the other is a vocational rehabilitation center. County clinics exist to provide care to those without medical insurance. When you first contact these clinics you should not immediately tell them of your medical problems. Often times, when the administrative staff hears about your complicated medical problems, they will tell you that they cannot help you because they do not have proper funding for your condition(s). When they hear of the depth of your disability, they may turn your away without letting you see even one doctor. Instead of providing a long medical history, when you speak to a county clinic, simply state that you a person without medical insurance who needs to see a primary physician. Say nothing else. Then, when you get in to see the doctor, you can provide details about your condition and concerns. Often times, they will send you to specialists for your conditions and pay for it.
The Vocational Rehabilitation Program, is a state funded program designed to help people be trained to do some type of work. But before they send you to work, they will look at your existing medical records from previous medical providers and they will also send you to their doctors. They will pay for doctor visits, medications, tests and even surgeries and/or procedures, if warranted. At the end, they will make a determination as to whether they feel you can or cannot work. If they feel you cannot work due to your severe limitations, they will issue a decision stating so and refer you to apply for disability benefits through SS. Having this happen can be really boost your Social Security disability claim, as a government vocational program has already determined you to be unfit to work. And as a “bonus,” you have also received the treatments and medicines you needed without having to pay a penny. On the other hand if they believe that you can work then they will train you and help you find a job. The records from the doctors that vocational rehabilitation sent you to can also be used as evidence in support of your claim for disability benefits.
Once again, without medical treatment, especially for younger individuals, it is almost impossible to get Social Security Disability Benefits. Therefore, you have to get into medical treatment as soon possible.