Will Hiring a Social Security Lawyer Speed Up My Claim?
Posted by admin on Jun 11, 2009
Q:. Am I eligible for disability benefits, if I suffer from occasional seizures?
A: Not all applications for Social Security disability involving seizures are approved. The two factors that determine whether you qualify are how often the seizures occur, and if you are following the prescribed medication and treatment recommended by your doctor. For approval, major motor seizures must occur at least once a month during the daytime. Minor motor seizures must occur once a week or more. You must prove that you have been following the prescribed medication and therapies recommended by your doctor. If records indicate that you have not been taking prescribed medication, you will be denied benefits. The disability examiner in charge of your case will need to obtain copies of your medical records and an EEG. If you are having difficulty understanding what information is needed for your application or if your condition will qualify, contact a social security lawyer or a representative in the Social Security office.
Q: Why is the application process for claims so long?
A: Unlike applications for other federal programs, the Social Security office has no required timeline for processing applications for disability. Assuming all the required information was provided, it takes most applications 3 or 4 months to be processed. Most applicants receive a decision notice within 4 months, but it can take less or more time, depending on your specific case. There are many steps to processing your application. Once a disability examiner is assigned to your case, he must wait to receive your medical records before he can begin his review. The factor that influences the delay in the majority of cases is waiting for medical records. After reviewing your medical records, the examiner provides a synopsis of your case and passes it along to a medical specialist for consultation. The medical specialist renders an opinion and hands the file back over to the examiner. A decision about your case is made and you will then receive a letter informing you that your case has been denied or approved. You may choose to submit your file for reconsideration, if you were not approved initially. Your application will then be assigned to a new disability examiner and your file will undergo the review process with another specialist. If your application is denied after reconsideration and you wish to appeal, it is wise to have a social security lawyer on your side. Your case may eventually appear in an administrative court.
Q: Can I speed up the process by hiring a lawyer?
A: The process of applying for Social Security disability benefits can be overwhelming and confusing. Many applications must be filed again, after they were initially submitted with errors or missing information. A social security lawyer can help you navigate the process and assure that you have provided all the necessary components for your application. You know you will submit an application in the appropriate way that has all the correct information. This will help your application be processed more quickly. About 70 percent of applications filed are denied. In some of those instances, having an advocate like a social security lawyer may have increased the likelihood of approval. Most everyone advises the counsel of a social security lawyer, if you plan to appeal your case.
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.
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.
Social Security Benefits: Some Key Facts
Posted by admin on Nov 28, 2008
Social security benefits in the United States include the monetary compensation payable to individuals under the social security system, and are administered by the Social Security Administration. Social security benefits come under various types depending upon the category of the respondent’s requirement. Benefits may be payable to persons who have attained the stated pension age, or may be sick pay benefits to employees who are unable to work owing to chronic illnesses. Some segments of society can receive social security benefits through some specific clauses addressing that segment. For instance, the disability benefits are available for workers unable to continue their existing jobs, once they cross a required duration at work (calculated as credits). To address the differing requirements of different sections of the society, the Social security administration pays the social security benefits through two different programs; the Social Security disability insurance program and the Supplemental Security Income (SSI) program.
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. However, the persons earning above a certain quantum of salary will not be considered for social security benefits. The administration’s Update (Publication No. 05 10003) stipulates the cut off amount for the present year and this amount changes from year to year depending upon the economic conditions. 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. It evaluates the person’s medical condition, age, education, past work experience and any skills that may fit another role. Should such efforts prove fruitless, and the agency is unable to provide the person with an alternative to earn his livelihood, the status of the employee as disabled would still be considered by the agency. However, with individuals over 50 years of age, the State rules are more relaxed and they may have a much better chance of winning some benefits. The chances of getting social security benefits are also better with persons employed only part time with meagre wages and insufficient savings.
Getting your Social Security Benefits Claim Approved
Posted by admin on Nov 19, 2008
Q: Is it possible to receive partial Social Security benefits for a partial disability?
A: There aren’t many short, simple answers when it comes to Social Security benefits. But this question has one; and that answer is “no.” Though some other federal and state programs offer benefits to the partially disabled, social security benefits do not. According to the SSA, an applicant either has a qualifying disability, or he or she does not. With Social Security benefits, you are either disabled or you are not disabled, and therefore either approved or denied.
Q: My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?
A: Even if a doctor cannot treat your disability, seeing a medical professional is a very important part of having your Social Security benefits claim approved. Why is this? Because one of the most important parts of proving that you have a disability (and should receive Social Security benefits) is documentation. For proof of your disability, the SSA will thoroughly explore your medical records. If there is little or no medical documentation of your disability, there is an overwhelming chance that your Social Security benefits claim will be denied.
When applying for Social Security benefits, the SSA considers it your own responsibility to document and track the progress of your disability. If you are applying or plan to apply for Social Security benefits, it is very important to regularly see a doctor; even if you’re not receiving treatment. Be sure your doctor keeps track of your symptoms to give the SSA a thorough history of your disability. The more documentation and evidence you have for your disability, the better your chances of getting social security benefits.
Q: 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 Social Security benefits?
A: In this case, yes, you can apply for social security benefits. But your claim may not necessarily be approved. When calculating a claimant’s eligibility for Social Security benefits, one of the most important questions they will ask is whether or not your disability allows you to do the work you did previously. If you cannot do that same work, they will then try to determine whether or not you can make a substantial income in another type of position. If you work, your eligibility for social security benefits will depend on the kind of work you do and how much money you make doing it.