When Will a Decision Be Made on a Social Security Benefits Claim?

Posted by admin on Aug 26, 2009

Q: Who qualifies for social security benefits through the disability insurance program?

A: To qualify for social security benefits, your condition must prevent you from working for at least a year. The condition can be mental or physical in nature. To be awarded social security benefits, you must also meet income criteria. That limit right now is anything below $940 monthly pre tax. In addition, you must show that it is not possible for you to perform other types of work. To determine “other work” eligibility, Social Security considers your education, age and the type of employment you had prior to your injury.

Q: How long can you collect social security benefits through the disability program?

A: Your social security benefits will continue until one of the following events occurs. If your condition improves to the point that it allows you to return to work, your social security benefits will be discontinued. Some people decide they would rather not depend on social security benefits and take on regular employment in a different type of work. Benefits would no longer continue in that case. If you become old enough to retire, your social security benefits would also stop. You would receive retirement payments, in lieu of disability payments. Social Security does conduct periodic reviews of all cases. It is expected that you inform your case manager, should your injury improve or if you return to work.

Q: After I apply for social security benefits, how long does it take to be notified of a decision?

A: The standard estimate for a decision to be made regarding a social security benefits application is just under 4 months. That being said, it is very difficult to predict how long your particular case will take. A decision on an application for social security benefits can be made in 30 days. Other cases can take up to two years. By assuring that you have submitted thorough details and the necessary forms in a timely manner, you can increase the likelihood that your social security benefits claim will not hit any snags. Most cases get hung up because the claims representative is waiting for current and complete medical information. A lawyer who specializes in social security benefits can be invaluable, if you have any concerns about the length of time your claim is taking.


Making A Case For A Social Security Lawyer

Posted by admin on Aug 5, 2009

If you are currently suffering from a disability, a disease, or any type of medical condition that prevents you from working, you are possibly eligible for Social Security Disability benefits or SSD. The main purpose of the SSD is to provide individuals that are deemed by the government to be disabled to receive a certain amount of money every month. In order to be eligible for these benefits, you should have a medical condition that has prevented or will prevent you from working for twelve months or more, or have a condition that will possibly result in your death.

Keep in mind however, that various factors will be considered in your application for Social Security Disability benefits, among them your age, your educational attainment, your work experience, how you comply with treatment, your daily activities, and the type of treatment that you will undergo. 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 be a great help to you in compiling the information that you will need in order to make your case for a disability claim. 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. A good social security lawyer will also be useful to you when you are denied a claim, and will therefore have to make an appeal for reconsideration before a judge. 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. With a social security lawyer, this process can be speeded up considerably.

When you do hire a social security lawyer, it is important to treat your claim as the serious case that it is, and to follow his or her advice to the best of your ability. If you do not follow your doctor’s instructions with regard to your treatment for example, you will just make the job of your social security lawyer that much harder. This in turn will make you more likely to be denied the benefits that you are seeking.

It is important to consider your social security lawyer as your most effective ally in your quest to receive Social Security Disability benefits. Helping him or her out to the best of your abilities will greatly benefit you in the end.


Can a Social Security Lawyer Help If You Are Confused About Seeking Employment, While on SSI?

Posted by admin on Apr 9, 2009

Q: If you become employed part time, do Supplemental Security Income payments continue?

A: Supplemental Security Income benefits are based on financial need. Your SSI payments could stop or simply be decreased, once you have employment income again. If you earn more than the amount Social Security deems as Substantial Gainful Activity, your SSI benefits may be in jeopardy. That amount for 2008, for example, was $940 per month before taxes. It is important that you report all your earnings to Social Security. You are responsible for repaying any benefits that were paid that you should not have received due to income. It is important to note, however, that Social Security wants to help you return to work. Purposefully keeping your hours low for the sole purpose of continuing SSI benefits can be considered fraudulent. If you have any reservations about returning to work because of loss of SSI benefits, you may wish to contact a social security lawyer.

Q: If you recently hired a social security lawyer, why will the representatives at SS no longer deal directly with you?

A: Once representation is hired, Social Security prefers to handle all transactions regarding your case via your social security lawyer. Do not be worried. The social security lawyer you hired is your advocate and works only on your behalf. If Social Security conducts transactions simultaneously with your social security lawyer and you, it can get confusing. Your lawyer is an extension of you. If you have any concerns about the status of your case, address them with your social security lawyer. You employed your attorney for that reason.

Q: Are veterans who receive compensation through the VA also eligible for disability insurance through Social Security?

A: An individual is eligible to be awarded disability with the Veterans Administration and the Social Security Administration. If a veteran was injured on or after October 2001, he can have his claim go through an accelerated review process with Social Security. The expedited process is supposed to occur automatically, but it is a good idea to remind the representative handling your claim or to mention it on your initial application. If you have a social security lawyer, have him handle it for you.


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.