Social Security Benefits: Working While on Disability
Posted by admin on Jun 12, 2009
Because Social Security regulations are so complex, determining which social security benefits you qualify to receive can be a challenge. To help you, here are some answers to common questions about disability benefits received through Social Security.
You will not be able to get partial disability benefits through SSA. Disability social security benefits are available only to people who are completely disabled and have been so (or are expected to be so) for at least a year. If you need partial disability, you will have to apply through a state or local disability program. You will still be able to receive state and local disability benefits if SSA denies your application because you are not completely disabled.
However, even if you are deemed to be completely disabled, you can keep working while receiving disability social security benefits, provided you are sufficiently disabled that your work capacity is low. The state agency that handles your case will consider how much you can earn. If you can still work but your maximum possible income falls below a certain amount, you can still collect disability benefits. The agency will measure your total POTENTIAL earnings, not your total REAL earnings: You will not be eligible for social security benefits if there is another occupation that you have the training and physical ability to perform, and you would be able to earn above the minimum income level by switching to it. You will not be pushed beyond your limits and asked to do work you are not capable of doing. The state agency takes into account applicants’ health, age, experience, and education when evaluating which jobs they are suited to do. If you need help moving to a better job that would enable you to support yourself, assistance is available.
Many applicants are confused and annoyed by their social security agents’ request to continue seeing doctors even after they have doctors’ statements that there is no available medical treatment for the applicant’s condition. If you are in this position, there is an explanation! First, your regular doctors may not be able to provide all of the information the state agency needs to evaluate your case. The agency will arrange for you to see a doctor who has the specialized experience or equipment necessary to complete the examination. The examination is part of your case evaluation, not a part of your treatment plan.
Second, disability is not always permanent, and even untreatable conditions can improve. Regular examinations to chart the progress of your health are essential. Your health may improve enough that you can return to work, even without medical treatment.
And third, medical breakthroughs happen every year. Why miss out on a cure because you stopped going to the doctor out of resignation? Occasional doctors’ visits are a minor nuisance compared to the vast improvements you could someday see.
You Child and His or Her Social Security Benefits
Posted by admin on Jun 4, 2009
Q: But, will my children receive social security benefits even if they do not live with me?
Whether or not your children can receive benefits will depend on your specific relationship with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. A child is automatically considered financially dependent on you, regardless of where he or she resides, in the following cases: Florida social security lawyer
• The child is your legitimate, natural child
• He or she is your adopted child
• He or she is your natural but illegitimate child for whom a judge has issued a determination of support, or for whom you make regular financial contributions.
If you have a recognized, illegitimate child who does not reside in your home, and for whom a judge has not made an official determination of support, you can give evidence of that child’s financial dependence upon you by providing:
• Paperwork showing that your child is qualifies as your dependant in other state and federal programs
• Previous tax returns in which you claimed the child as a dependent
• Bank records, cancelled checks, etc., showing that you made regular payments on behalf of or in support of your child
• Additional related proofs
When Can Someone Apply for Social Security Disability Benefits?
Posted by admin on May 4, 2009
Q: When can I file for social security disability benefits?
A: As soon as your injury prevents you from working, you can file for social security disability insurance. To qualify, the condition must be expected to prevent you from working for at least a year. You should apply for social security disability as soon as possible, since it can take quite some time for the Social Security Administration to review your claim. You can apply for back payments for benefits, if you are approved for social security disability benefits. You are not eligible for your first benefits payment until the sixth month after the onset of your condition. You will not be awarded retroactive benefits for that period of time.
Q: How do I apply for social security disability insurance?
A: You can apply for social security disability benefits online at www.socialsecurity.gov or by calling Social Security at 800.772.1213. 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. That representative will walk you through the required forms and make sure you have submitted everything for your claim. If you are unsure if you qualify for SSDI (social security disability insurance) or SSI (supplemental security income), your claims rep can help you. That representative can assist you with any submission for retroactive payments of social security disability, if applicable.
Q: Are there steps I can take that might help the chances that I will be awarded social security disability benefits?
A: Many claims for social security disability are denied during the initial review process. You can, however, improve the likelihood that your application is approved. The first task is to simply make sure you applied correctly and completely. By staying in touch with your claims representative, you can easily know if anything required is missing. The next step is to assure that your doctor is on your side and backs your decision to file for social security disability benefits. A detailed letter about your condition written by your treating physician is an asset to your file. In addition to applying correctly and having a thorough statement from your doctor, assure that your medical records have been given to your claims representative. The main reason most social security disability applications are postponed is because of a wait on medical records. Lastly, be cooperative, meet deadlines and check in on your file. Finally, make sure you do not miss deadlines for paperwork, keep in touch with your claim representative to know where your file is in the process and always be courteous (no matter how frustrated you may get at times.)
Financial Tips While Waiting for Decision on Social Security Benefits
Posted by admin on Apr 22, 2009
Q: How do people care and feed for their families, while they wait for a social security disability benefits claim approval?
A: Waiting for a final decision about your social security benefits claim can range from months to years. Claimants are told to expect a 90 to 120 timeframe for an initial application to be reviewed. Most claims are denied during the initial review process. If an application is not approved, you can apply for reconsideration and, if you are denied again, appeal to have your case heard before an administrative judge. Appeals will make your wait even longer. Most estimates say cases that go through an administrative hearing take 2.5 years from initial application to final decision. Unfortunately, it is almost impossible to anticipate the length of time it will take for a decision to be rendered on a claim for disability benefits. Many claimants struggle to support themselves and their families, while they are in limbo waiting for an answer about their particular social security benefits case. If you are able to work in a limited manner, you have to be aware of the impact it may have on your case. There are limits to the amount of income you can bring in. Unfortunately, no matter how small the workload, be aware that it could influence how your injury or condition is viewed by the reviewer. Regardless of whether you pick up work while awaiting a decision about your social security benefits, it is wise to take action now in case your claim takes longer than originally expected. Get rid of discretionary budget items and, instead, set aside the money. If you own your home, consider refinancing the original mortgage to free up funds. If you currently rent, look into finding a less expensive property. Contact family and friends who may be able to offer short term financial support. Apply for any and all state and federal aid programs for which you qualify. Many gas, water and electric companies provide assistance to their customers in need, as well. Speak with your doctor about billing plans that might be available to those awaiting benefits decisions. There are many non profit organizations that also provide assistance. Church groups, for example, may have food support programs.
Q: I live in Florida, currently collect disability social security benefits and am in danger of having my home foreclosed. What should I do?
A: The state of Florida offers special homestead tax exemptions for which you may qualify. An exemption will lower the assessed value on your home by up to $50,000. Apply for a disability exemption.
Social Security Disability and Medical Treatment
Posted by admin on Apr 11, 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 somebody over 50, on the other hand, the only proof they need to provide is that they are no longer able to have the same vocation they did during the last fifteen 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. Doctors that know you and know what you are going through.
If you do not have medical insurance, there are two different places you can go for help. Your local county clinic and vocational rehabilitation. County clinics are there for people who do not have 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). They may decide to turn you away before you even get to see a doctor. You just simply them that you do not have medical insurance and you need a primary doctor. Do not give any details. Then, when you get in to see the doctor, you can provide details about your condition and concerns. Often (though not always), once you get in to see a doctor, the county clinic will send you to any necessary specialists and agree to pay.
The Vocational Rehabilitation Program, is a state funded program designed to help people be trained to do some type of work. However, before sending you off for training, this program will check your medical history and have you checked out by doctors associated with the program. They will pay for doctor visits, medications, tests and even surgeries and/or procedures, if warranted. When all this is finished, they will then decide whether or not they believe you can go to work. If at the end of the decision process the program determines you unable to work, they will then send you over to Social Security to apply for benefits. This can help your claim, because the experts in the field of getting you back to work say you cannot. And as a “bonus,” you have also received the treatments and medicines you needed without having to pay a penny. And, if a vocation rehabilitation program does decide that you are fit to work, they will help you find the employment you need. In this case, the medical records, etc., you obtained can still be used to prove your Social Security disability claim.
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.
Are There Retroactive Benefits for Social Security Disability?
Posted by admin on Mar 29, 2009
Q: Does everyone who files a social security disability claim have to do another medical examination?
A: During the review process, some social security disability claims will be required to have a consultative exam before a decision on the case can be rendered. There are usually two reasons for an exam. In some cases, medical records are not very comprehensive and an exam is requested to fill in some informational gaps. The other reason an exam will be required is to provide current medical information regarding the condition of the claimant. Do not panic if a consultative exam has been requested for your case. Your attendance is mandatory and your application cannot be approved or denied without the exam, once it has been requested. If you cannot attend the scheduled examination, contact your social security disability examiner and reschedule. The exam is paid for by the Social Security Administration.
Q: Will my doctor conduct a requested consultative examination?
A: The disability manager for your case will typically not request that your physician conduct the CE. A doctor who has not previously treated you will most likely provide the scheduled exam. Speak with the social security disability examiner assigned to your case if you believe you have not been treated fairly by the doctor who provided your CE. If that doctor provided an exam for a previous case of yours that was not approved, for instance, you can request a different physician. The physicians who provide CEs for social security disability claims are not Social Security doctors. The physicians who conduct the exams are independent physicians that have a contract to provide such services to the agency.
Q: Who receives back pay for social security disability?
A: Many social security disability claims are awarded back payments for benefits. The main reason for this is because the review process for claims can take a considerable amount of time. It is possible to receive back pay from the date of application and, if the condition was present prior to application, from up to 12 months before. The 5 month waiting period after the date of onset will not be included in back pay.
Do You Need a Social Security Lawyer for Reconsideration?
Posted by admin on Mar 28, 2009
Q: If your application for disability is denied, what is the next step? And do you need a social security lawyer?
A: The next step after an initial claim for disability benefits is denied is a reconsideration. Having a social security lawyer on your side as you undergo reconsideration can be extremely beneficial, especially if you are once again denied. You will need to submit all the required paperwork within 60 days of when your claim was denied. If you fail to meet that deadline, you will have to submit a new claim and undergo the initial review process once more. Most claims are denied during the initial review process. Many cases are actually not approved until they have been through a hearing. But your case must be denied an appeal to be reconsidered before you can ask for a hearing. That is why it is so crucial that you meet the deadline for reconsideration. As previously mentioned, a social security lawyer can be a tremendous help, as your claim navigates both the reconsideration and hearing processes.
Q: How long will it take until a hearing is scheduled for a social security disability case?
A: The time it can take to schedule a hearing once it has been requested can vary greatly. Sometimes it can take up to two years before you have a date for a hearing. The scheduling delay is often dependent upon the backlog in your particular state. Make sure you make a hearing appeal as soon as you receive notification that your appeal for reconsideration was denied. Having an advocate like a social security lawyer on your side during the hearing process can be extremely beneficial. A social security lawyer will make sure that your claim is handled fairly and adjudicated correctly.
Q: Do social security disability claimants receive any status updates, while waiting for a hearing to be scheduled?
A: It is not uncommon to hear little from the Office of Hearings and Appeals for long periods of time. Notification will usually be received to acknowledge the hearing appeal, when a hearing date has been set and when a decision has been made after the hearing. Claimants in some states may also receive an exhibit list, which provides details of everything in your file. A social security lawyer is your best advocate if you are having any difficulty with the hearing process.
Are My Children Eligible for Social Security Benefits?
Posted by admin on Mar 13, 2009
More Social Security benefits are given to children than to any other social group. Children can receive social security benefits under the account of a guardian (that is, a parent, step parent, or foster parent), that is either disabled or eligible for Social Security due to retirement. Children can also be eligible for benefits under the account of their guardian if he or she has died after working and paying enough social security taxes to earn benefits.
Children are eligible for Social Security benefits when they are:
• Unmarried,
• Less than 18 years old,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or are disabled and over 18 years old, with their disability having begun before age 22.
Q: Can my children obtain SS benefits under my account if they do not live at home with me?
Whether or not your children can receive benefits will depend on your specific relationship with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:
• The child is your legitimate, natural child
• The child is your legally adopted child
• He or she is your natural but illegitimate child for whom a judge has issued a determination of support, or for whom you make regular financial contributions.
If a court has not officially made a determination of support for a recognized natural child that does not live with you, you can show that child’s financial dependency upon you by providing:
• Paperwork showing that your child is qualifies as your dependant in other state and federal programs
• Previous tax returns in which you claimed the child as a dependent
• Bank records, cancelled checks, etc., showing that you made regular payments on behalf of or in support of your child
• Additional related proofs
Financial dependability (and eligibility for social security benefits) of a stepchild, on the other hand, will only determined when that child lives with you and shares with you a parent and child relationship. Generally, your spouse’s legitimate natural child, legally adopted child, or illegitimate natural child will be considered a step child. This step child will remain eligible for benefits after the death of or divorce from their natural parent (your spouse), as long as the child continues to live with you in a regular parent and child relationship.
In any of the above cases, you can provide proof of your relationship to your child. In addition, you can also decide to give evidence that you do not live in a parent child relationship with the child; that is, you neither live with the child nor support him or her financially. This will make the child ineligible for benefits.
Should You Hire a Social Security Attorney?
Posted by admin on Mar 11, 2009
Q: Will hiring a social security attorney help me get approval for social security disability benefits?
A: You do not necessarily need to hire a social security attorney. A fair number of applications submitted for social security disability benefits are not approved. Those wishing to appeal their case would be wise to seek counsel from a social security attorney. Keep in mind that just because you have a social security attorney, that alone does not guarantee that you will win your appeal. It simply helps to assure that your case is properly handled. The experience a social security attorney can bring to your case will be invaluable during a hearing.
Q: When should I apply for social security disability benefits?
A: You should apply for benefits as soon as you become unable to work due to your injury. Although the current estimated time of application processing is 90 to 120 days, it is not uncommon for the process to take over 6 months. For this reason, you will want to submit your application as early as you can. The process will take even longer, if your case is not initially approved and you wish to appeal. 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. Individuals are eligible for SSDI, if they have been in the workforce and accrued enough credit to receive benefits. SSI benefits are distributed to those with limited income and assets, regardless of work history.
Disability attorney Rant
Posted by admin on Feb 24, 2009
At last, you have finally reached the age at which it is time for you to begin considering applying for social security retirement benefits; but there are so many different rules and stipulations that it can be somewhat confusing to prospective retirees. However, there is no need to wade through numerous pages to get an understanding of the social security benefits you are entitled to. The following primer will help you decipher basic rules and guidelines for applying. Similar
Tags: Orlando social security attorney, Tampa social security lawyers