Do I Need a Social Security Lawyer to Appeal?
Posted by admin on Jan 25, 2010
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. The representative assigned to your file asks for the consultative examination. If you are currently undergoing a hearing on your case, the judge may also request it. 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 other purpose would be to fill in some gaps in your medical information. For example, you may not have a recent test that might be necessary to determine the status of your injury. A request for a CE does not mean that your application is heading toward denial. It is an indication, however, that more details on your medical condition are required in order to rule on your application. Once an exam is asked for, it is mandatory that you undergo the examination. If you have any questions or concerns about your particular CE, you many wish to contact a social security lawyer.
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: Once I submit my application, do I need to follow up with social security?
A: Yes, you should follow up on the status of your application. If you have a social security lawyer, he will do it for you, but you should also check in with your lawyer. In some cases, paperwork can be misplaced. In other cases, notice of approval or denial of an application may never reach the applicant. Your case goes through a lot of steps in the review process. You could miss deadlines if you are not notified. Knowing where your application is in the process, or if it has been lost, can be extremely helpful. Get in touch with the representative handling you case (usually referred to as the “disability examiner.”) Most applications are reviewed within 4 months. If it has been longer than that for you, contact your disability examiner.
What Is the Appropriate Next Step After Social Security Disability Insurance is Not Awarded?
Posted by admin on Jan 20, 2010
Q: When you apply for social security disability, how does the agency decide to deny or approve benefits?
A: Information regarding your medical condition is the number one thing that will affect whether you are approved for benefits or not. Be certain that the doctor who is currently treating your condition believes you should qualify for social security disability insurance and will cooperate with the required paperwork. Your physician will have to provide a letter describing your condition, prognosis and your ability to work. Your disability case will be based on that descriptive statement provided by your physician. It would be wise to find a new physician, if your current one is not responsive or has told you he cannot support your social security disability claim. The claim representative will also look at your actual medical files to get a complete picture of your condition. It is important to confirm with the claims examiner (or your lawyer, if you have one) that the most current medical records have been sent. A wait for medical files is the biggest reason claims are delayed. Although medical data is what the claims examiner will use to determine your eligibility for disability insurance, you also want to make sure you have completed the application and any other required forms correctly and on time. A claimant who has strong medical evidence and has met all the deadlines is a good contender for disability benefits.
Q: What is the next step after your application is not awarded social security disability insurance?
A: The next step is to file an appeal. Many claimants make the mistake of applying all over again. Your claim will likely be denied again and you will lose valuable time that could have been spent on an appeal. You must file an appeal within 60 days of when you were notified of your denial. If you currently have a social security disability attorney, he or she will handle this for you. It is wise to communicate regularly with your attorney, though, and confirm that the appeal has been filed. If you do not currently have legal representation, contact your claims representative for details regarding how and by when you need to submit your appeal.
Q: Why are there so many different names for the appeals process?
A: When you submit an application for social security disability insurance and are not approved, you will likely plan to appeal your claim. Your claim will undergo a few steps when you appeal, and those different steps can cause confusion if you do not know what they mean. In most states, the first appeal is called a reconsideration. There are a few states that are currently not using the reconsideration step, so check with your attorney or claims examiner to figure out if you should not file for reconsideration. A reconsideration is simply another review of your case with a new set of examiners. The majority of cases that are reconsidered are denied benefits. The next appeal after reconsideration is to request a hearing.
Will A Social Security Attorney Help Keep Track of Where Your Claim Is in the Process?
Posted by admin on Dec 18, 2009
Q: If I hire a social security attorney, is there a way to know how much I might have to pay him or her?
The attorney will only be compensated if you win your case. If your claim is not awarded benefits, your lawyer will not be paid. That means that your social security attorney will do all he can to assure you win your case. An attorney can be paid up to 25 percent of the retroactive benefits you are awarded. There is a maximum amount that can be awarded within that 25 percent. A lawyer can receive no more than about $6000. Social Security usually pays your legal representative directly and subtracts it from your back pay sum. You may have to pay your lawyer for out of pocket expenses that may have been incurred, in addition to the amounts limited by Social Security.
Q: If you are filing a disability claim, is it necessary to have legal representation?
A: You do not need a social security attorney to win your case. The initial review process is pretty straight forward and can usually be navigated without legal representation. Unfortunately, a fair number of applications for disability benefits are denied after they go through the initial review process. If you plan to appeal after being initially denied, the expertise of a social security attorney would be extremely helpful. Having your claim reconsidered is the next step after the initial review process, and a request to do so must be received by Social Security no later than sixty days after you received notification that your claim was not awarded benefits. Most claims are still not awarded benefits after reconsideration. Submitting an appeal for a hearing is the last chance for a claim to be awarded benefits. Having the expertise of a social security attorney during the hearing process can be invaluable. Most claims that are awarded benefits after being heard by a judge have legal representation. Regardless of where your claim is in the process, an attorney will also assure that all paperwork is submitted on time and correctly.
Q: Is it possible to keep track of where your file is after you apply for disability benefits?
A: Making sure you know how your claim is progressing is very smart. If you have a social security attorney, he or she will do this for you. But if you do not have a lawyer, do it yourself. Simply contact the disability examiner for your case and ask for an update. Not only will you have peace of mind knowing that your file is being processed, but this gives you a chance to see if the case manager knows of any missing information needed for your file.
Why Is the Date of Onset Important for Social Security Disability Claim?
Posted by admin on Nov 24, 2009
Q: Can you expedite the process of having your social security disability claim heard before an administrative judge?
A: By the time a social security disability case makes it to a hearing, it has often been in the system for years. It is understandable that a claimant would want to speed up the process. It is not easy, however, to do this. Applicants who are experiencing financial difficulty can submit a dire need letter outlining their situation. You must also submit proof (foreclosure notices, utility late notices, creditor statements, etc.) of your dire circumstance. The Office of Hearings and Appeals can then decide if expediting the hearing process is appropriate. Another option is to request an on the record review. This simply means that your file is reviewed prior to your scheduled court date. It is the hope that a claim reviewed in such a manner will subsequently be awarded benefits without having to undergo a hearing. The last way to attempt to expedite the hearing process is through an inquiry via your Congressman or Senator. If your Representative or Senator supports the need to have your case expedited, his or her office will call or send a letter to the Hearing Office. If you desire to expedite your claim, it would be wise to do so with the assistance of a social security disability attorney.
Q: What is an onset date?
A: Your onset date is the day your condition or injury made you unable to continue work. It is important to establish an accurate date of onset, since all social security disability benefits due to you will be based on that date.
Q: Is every claimant eligible for retroactive social security disability payments?
A: No, not all claimants receive back pay. That being said, most cases do receive back pay. That is simply due to the fact that it can sometimes take years before a claim makes it through the process. For the fortunate social security disability claimants whose cases are approved within a matter of months, retroactive benefits may not be necessary. Past due benefits are based on the onset date of the condition. Regardless of the date of onset, an applicant can only receive retroactive benefits for up to a year prior to the date he or she applied for social security disability.
Your Social Security Benefits Questions: Social Security Credits
Posted by admin on Nov 18, 2009
Social Security Benefits: Your Questions about Social Security Credits
Q: Social Security tells me that I don’t have enough credits to qualify for benefits. What are Social Security credits, and how can I not have enough of them when I’ve worked and paid taxes for years?
A: When you work and pay Social Security taxes, you earn credits that are used to qualify you for social security benefits. The number of credits you receive is based on both income and the number of years worked. The necessary income level for receiving social security benefits credits rises a bit each year; as of 2008, you receive one credit for every $1,050 you earn. These credits are also called quarters, as you can earn a maximum of four of them a year; any social security “quarters” that you earn during your working career will remain on your record even during times of unemployment.
A certain number of credits or quarters are required in order to qualify you to receive social security benefits. The number of credits you need for social security is based on your current age, and is calculated by the number of years you have worked. If you’re looking to be eligible for social security benefits for retirement (and are of more than 62 years of age), you will need to have 40 credits (the equivalent of 10 years of work).
However, it can happen that a person who has worked a seemingly appropriate number of years does not gain the necessary credits for social security benefits. This occurs to workers who, during their working careers, did not (or do not) have social security taxes taken out of their wages. This situation mostly occurs among Federal employees hired before 1984, railroad employees with ten years or more of service, and state and local government employees whose employers do not participate in social security.
Veterans’ Benefits Questions, Answered
Posted by admin on Nov 17, 2009
There are many veterans in our country that have no idea that they could be receiving benefits. Some veterans feel that they do not have any reason to receive benefits and others upon being discharged would rather leave that life behind. Obtaining benefits from the VA can sometimes be a difficult and long process that sometimes does not seem worth the effort. If you are a veteran and you have a disability or injury this is something you should look into, you have earned these benefits.
Q: How do you know if you could be receiving benefits? Who, exactly, is qualified to receive them?
A: There are three key factors in determining if you might be eligible to obtain VA service connected disability benefits. First, you had to have served in the Army, Coast Guard, Navy, Marines, or Air Force. Secondly, you must currently suffer from a disability which began during your years of service, or began before hand and was worsened by doing service. There is a wide range of these sorts of disabilities, to some types of cancer, to breathing problems, to other disabilities that originated from or were affected by your service. Third, you have to be able to connect your current disability to your time in the service.
A good illustration of this kind of injury is if you injured your knee while hiking with your some friends while on leave from active duty. Because of the injury you now need a knee replacement or surgery, even if its years later. 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. Secondly, now that problem is causing pain as well as other problems which you have to be treated for.
Q: But how will receiving benefits from Veteran Affairs really 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 currently service connected and I have hearing loss at 10% and PTSD at 30% why am I only considered 30% service connected?
A: Veteran Affairs uses a rating schedule that uses the severity of your disability to tell them what percentage service connected disability to award you. Rather than using math to determine these percentages, they use a rating chart to give you a total final percentage, or rating. These service connection percentages can be tricky to understand and if you feel that you should be receiving more benefits or a higher percentage then you should look into your disability and the severity or contact a professional that could assist you.
Q: My cousin has obtained a 65% service connection for the exact same disability I have. Why?
A: This is due to the fact that the VA rates everyone separately depending on the severity of their disability. It is important to remember that the VA uses a rating schedule to determining the percentage and, therefore, the amount of benefits an individual receives.
Q: If I work at Veteran Affairs, can I still receive disability benefits for my time in service?
A: You can. VA service connected disability benefits are not like Social Security Disability benefits in this respect. If you are granted service connection for a disability that is not keeping you from working then you can still work and receive benefits. The VA does not reduce your VA service connected disability benefits just because you are working and receiving an earned income.
Q: Can I receive Social security disability benefits and VA service connected disability benefits? A: Yes. While Social Security Disability does gauge your earned income when determining your SSD benefits, your VA benefits are not considered earned income, and so will not get in the way of your SSD benefits.
Q: My spouse, who was in the service and getting benefits from the VA for a service connected disability, has passed away. Am I eligible to get his or her VA benefits?
A: In some cases, yes, benefits are available for children and spouses who survive a deceased veteran. However, every case is different, and you need to be sure to speak to a professional before moving forward.
Q: How do I file a claim?
A:The VA has laws that are considered veteran friendly laws. The VA has the duty to help you file a claim and walk you through the process of obtaining benefits. There are Regional Offices in every state and there are organizations set up to assist the veterans at no cost to you. To locate your local Veteran Affairs Regional Office and any local Veteran Service Organizations, visit the Veteran Affairs website at www.va.gov.
Q: Can I employ a lawyer to help me?
A: Veteran Affairs has some laws that help a lawyer to know when he or she can represent you for a fee, and when he or she cannot. You can find some lawyers who will represent you for free, or Pro Bono, and others who will require you to sign a contract promising payment for their services. If you are considering contracting a lawyer to help with your claim, it is important to contact one locally for more information about your particular case.
Q: I am already receiving VA service connected disability benefits, can I receive anything else?
A: This depends on your situation. If, for instance, your service connected disability has grown in severity since you began receiving benefits, you can apply for an increase in your percentage or rating, which will also increase the amount of your monthly benefits. Veteran Affairs also provides expanded benefits to those veterans who cannot work due to their service connected disability. If this is your situation, there is a second application that you need to fill out in order to apply. If you feel that your disability makes it impossible for you to work, and should therefore receive more benefits from the VA, you should either contact a VSO or a lawyer to answer your questions and help you through the process. The VA also has benefits for those individuals that are unable to care for themselves on a regular basis or those that are unable to leave their home most of the time. This is called homebound compensation. This is an option to consider if you feel you need assistance to care for yourself.
Because each claim is different, getting the benefits that you are entitled to can be a complex and confusing process. The VA’s website has a lot of information on what kind of benefits there are beyond disability benefits and what you can do to receive these benefits. If you are a veteran and you were injured in any way or your disabilities that you had before going into the service were aggravated in any way please look into your options. You served for our country and you may be entitled to veterans benefits.
Do You Need a Social Security Attorney to Appeal a Case?
Posted by admin on Oct 17, 2009
Q: What happens at the first interview after you apply for disability through social security?
A: Your disability application interview will be set up shortly after you submit your application for social security disability. This interview is the starting point for your case manager to gather pertinent information regarding your injury or condition and your work status. Your social security attorney will make sure you have all the applicable information and documentation for that first meeting with social security. 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. Make sure you have a certified proof of birth document. If you are married, bring your marriage certificate. If you have children, have supporting documents that confirm their status as your dependents. Provide a DD Form 214, if you were part of the armed services. Years of service can often positively affect your benefit payments. After the disability case manager has confirmed your personal details, he will move on to the details of your case. Be prepared with supporting documentation about your medical condition. 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. Assure you consult with your social security attorney, if applicable, before you go to that first meeting with Social Security. Having a social security attorney is not required for any part of the disability application process, but you will want to assure you come prepared to the first meeting. 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: The next step after a claim for social security disability benefits is not approved is to make a request for 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. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. It is recommended that you have representation of a social security attorney during the hearing process. A request for hearing cannot be made until a case is denied after reconsideration.
Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?
A: The major snare for disability benefits appeals is to miss deadlines. 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.
If your application for social security benefits has just been denied, should you hire a social security attorney?
Posted by admin on Oct 16, 2009
Q: If your application for social security benefits has just been denied, should you hire a social security attorney?
A: If you were denied benefits after you applied for disability, you do not need to hire a social security attorney to appeal. A fair number of people who wish to appeal their cases, however, obtain the services of an attorney at this point. The next step is to file a reconsideration. The majority of claimants are denied again after reconsideration. After the reconsideration phase, the hearing phase is the last step. A hearing is your last opportunity to present your case. That is the reason most claimants choose to hire a social security attorney once their initial claim is denied. Again, it is not required that you have an attorney to undergo a hearing. Nevertheless, most claimants that win after a hearing have a lawyer.
Q: If you would like to hire a social security attorney, what things do you need to know?
A: If you know someone who was happy with an attorney they hired for a disability case, this is the best place to start. If you do not know of any recommendations, hop online and see if you can find any reviews for an attorney who handles your type of claims. Once you find some attorneys, make a list of basic questions you plan to ask any candidates. First, find out what percentage of cases the lawyer handles are disability cases. Having a lawyer who deals with your type of cases a lot will be beneficial. Assure that the attorney has copies of your application, denial notification and health records so he can be well versed on your case when you sit down to meet for the first time. Ask the candidate to explain how the disability process works. Have the attorney provide details on the challenges of your claim and how he plans to overcome them. It is generally not helpful to ask how many cases an attorney has won. Every disability case is different. It is more helpful to hire a social security attorney that has a lot of disability expertise and who has taken the time to know your particular issues.
Q: Is it wise to submit a new application if you were not approved for disability insurance?
A: If your application was not approved after the initial review process, do not submit a brand new application. Your next step is to file for reconsideration. The deadline to file for reconsideration is no later than sixty days after you received notification that your claim was not approved for benefits. Appealing to have your case heard before an administrative judge is your next step, if your claim is reconsidered and still not approved. You will only add more time to your process, if you begin at square one again and submit a new application in lieu of filing for reconsideration.
Hiring A Services Of A Social Security Lawyer
Posted by admin on Sep 23, 2009
There are many ways by which hiring a social security lawyer can be beneficial to you. Applying for Social Security disability benefits can be a quite a challenging experience, and doing so without a social security lawyer can make it considerably more difficult. A competent social security lawyer can make it easier for you to avail of such benefits, which are often granted depending on your qualifying points. With the many different kinds of Social Security disability benefits available, a social security lawyer can help you sort through them and help find the one that best fits your needs. A social security lawyer will even be able to guide you through the qualification process.
There are several benefits for disabled persons as provided by the Social Security System. The rules for each one can be quite complicated, which is why hiring a social security lawyer can be helpful. A social security lawyer can help you differentiate between the various kinds so you can choose the one that is right for you. This article will go into detail about two types of benefits in particular; Social Security Disability Insurance or SSDI, and Supplemental Security Income or SSI. SSDI considers factors such as work history and disability, and SSI considers factors such as income, old age and blindness.
A social security lawyer can help you in the SSDI application process if you are currently in a physical or mental state that keeps you from working. You are also eligible for the program if you have been disabled for 12 months, you expect to be disabled for the same period, or if death is a possible result of your condition. Keep in mind that you do not have to wait for 12 months before filing your claim, if you expect to be disabled for that long.
There are situations wherein the Social Security office will overpay you. When that happens, and the Social Security office made the mistake, yet they ask you to return the excess amount, a social security lawyer can help you in the process of filing for a waiver. The social security lawyer can also stand in for you if you have to face a court appeal that will decide on whether you have to pay back the excess amount or not.
Can a Social Security Lawyer Help My Claim Be Approved?
Posted by admin on Sep 22, 2009
Q: Will hiring a social security lawyer decrease the chances that my disability claim will be denied?
A: Having a social security lawyer on your side does not assure that you will be awarded social security disability benefits. A social security lawyer, however, can assure that your claim will be correctly filed. Only a small percentage of disability claims are awarded after that initial and reconsideration review processes. You should file an appeal, if your case is not approved. Hiring a social security lawyer to help your case through the appeal and hearing processes is advisable. An experienced lawyer knows the appeals process well and brings expertise that will be invaluable during an appeal. If you are awarded benefits after the hearing process, your social security lawyer will walk you through applying for retroactive benefit payments and assure the correct onset date is established. You can certainly choose to represent your claim yourself. Most people, however, seek an attorney to help them through the process to assure that everything is completed fairly and correctly.
Q: What happens if you miss the hearing date for your social security disability claim?
A: Being absent from a scheduled hearing is not recommended.If you were unable to attend the hearing for a good reason, it is likely that another hearing date can be scheduled. Legitimate reasons are those that were not expected and emergencies. Some common emergencies include illness, family circumstances, medical circumstances and transportation issues. If you did not know you had a hearing because you did not receive notification, contact your claim representative immediately. It is important that your claims representative at Social Security has all your current contact information, so that mailed notifications will be sent to your correct address. A social security lawyer would have assured that you knew about your scheduled hearing. A notice of hearing date is sent to your lawyer and you. If you knew about your scheduled hearing and missed it on purpose, your claim is in jeopardy of being dismissed. You will then have to reapply for disability, if that occurs. Consider seeking the counsel of a social security lawyer to assist you in securing a new date for your hearing and the process of the hearing itself.
Q: Are SSDI and SSI the same thing?
A: Social Security Disability Insurance and Supplemental Security Income are two different programs. Individuals who have contributed to Social Security via their paychecks and, consequently, earned enough work credits are eligible for Social Security Disability Insurance. Supplemental Security Income (SSI) is based on financial need. SSI is not based on work history.