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Your SSI Questions Answered by a Social Security Lawyer

Posted by admin on Oct 29, 2008

Q: Will my children get benefits if I get SSI?

A: When you consult a social security lawyer or apply for Social Security on your own, it is important to keep in mind that there are big differences between Social Security Disability Insurance benefits and Supplemental Security Income (SSI). One major difference is that, while children may sometimes be eligible for benefits under Social security disability Insurance (talk to a social security lawyer for details), under SSI they will not. Because SSI is considered to be a need based program, dependant benefits are not offered.

If you are approved for Social Security Disability Insurance benefits, on the other hand, it is possible to obtain benefits for minor children in some cases. Whether or not your children will receive benefits depends on your earnings records. Everybody who is approved for Social Security Disability Insurance benefits is not necessarily approved for dependent benefits. Those with a short work history may not qualify. For more information, speak with a social security lawyer.

Q: If I have money in my bank account, can I be approved for SSI benefits?

A: If you speak to a social security lawyer, he or she will explain to you the consequences of SSI being a need based program. Those that qualify for SSI must earn little money and have few assets. And while every state has a slightly different resource limit for qualifying for SSI, there are a few general guidelines that a social security lawyer will give you when looking over your application.

In general, the following are considered “resources” that count towards your income:

• Cash
• Money in the Bank
• Stocks and Bonds
• Land, Homes, etc.
• Life Insurance Policies
• Automobiles
• Personal Property

Though it is possible to be approved for SSI if you own a vehicle and one home, owning too many assets or “resources” can reduce your chances. In general you must have less than $2000 in the bank for an individual, or $3000 for a couple, to qualify for SSI. But since rules and limits change from state to state, it is best to speak with a social security lawyer.

Q: Will they take away my benefits if I sell my house and make money off of it?

A: Like with most social security questions, the correct answer to this varies from person to person, and it is a good idea to consult a social security lawyer. If you sell your home and make a profit, the amount of profit will determine your continued SSI benefits. If the profit from your home takes you over the “allowable value” of your resources at the beginning of the month, you will not be eligible for benefits for that month. If, however, you maintain those “over value” resources in a bank account into the next months, your eligibility for SSI benefits may come into question. If you are planning to sell a home, it is a good idea to consult a social security lawyer to understand how that sale may affect your benefits.

35 Comments »

Social security benefits orlando, a review…

The SSA will consider you to be legally blind if your vision cannot be corrected to 20/200 or better in your best eye. Even if you are not “legally” blind, you may be eligible for benefits. You may want to speak with a social security la…

November 12th, 2008 | 5:01 pm

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November 21st, 2008 | 12:09 pm

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November 23rd, 2008 | 12:09 pm

Only people whose disability is considered complete and is expected to last more than one year are eligible for social security benefits. (Note that if you qualify for disability benefits, you may hold down a job as long as your maximum possible income is beneath a level determined by SSA. )

I cannot work as long as before or at the same skill level, so although I still have a job, my income has dropped. Is it still possible for me to file 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.

November 25th, 2008 | 12:10 pm

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December 1st, 2008 | 12:12 pm

You can receive a maximum of four credits annually (which is why credits are also called ‘quarters’), and any credits you earn will remain on your record even during periods in which you’re not working.

A certain number of credits or quarters are required in order to qualify you to receive social security benefits. This number is based on age, and is generally calculated by number of years worked. Most people looking to qualify for retirement social security benefits (that is, over the age of 62) will need 40 credits, or 10 years of work, to be eligible for benefits.

It does occur, however, that a person of retirement age who has worked for what seems to be the correct number of years does not have enough credits to qualify him or her for social security benefits.

December 2nd, 2008 | 12:12 pm

When you request a payment waiver, you acknowledge that you were given too much money, but would like to be exempt from paying it back. Your social security lawyer will probably suggest this course if the overpayment was due to a mistake made by the SSA.

If, on the other hand, you believe that you were overpaid due to your own mistake, you will probably need to pay the money back. A social security lawyer will tell you that your best option is to speak to the SSA about scheduling payments. This will allow you to repay the money as you are able.

December 3rd, 2008 | 12:13 pm

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December 4th, 2008 | 12:13 pm

Social security benefits come under various types depending upon the category of the respondent’s requirement. People who have had to sacrifice employment and its benefits on account of chronic illness, or those who have qualified for benefits on attaining pensionable age are still eligible for social security under different clauses. 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). Disability benefits are paid through two programs: the Social Security disability insurance program and the Supplemental Security Income (SSI) program.

December 7th, 2008 | 12:14 pm

Many people that apply for Social Security benefits take on the entire task by themselves, although hiring a Social Security lawyer can make the process easier and simpler. Since errors made at the start of the application process results are a common occurrence, many claims for disability benefits are often denied. The good news is that these decisions can often be reversed in favor of the applicant, once he or she hires an experienced Social Security lawyer to assist in the appeal process.

How long will it take before Medicare coverage takes effect?

If you currently receive Social Security disability benefits, you will automatically be qualified for Medicare benefits. Information about your Medicare benefits and your Medicare card will be sent to you shortly before you reach the age of 65 or before your 24th month of disability.

December 10th, 2008 | 12:15 pm

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. 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. On the other hand if they believe that you can work then they will train you and help you find a job.

December 14th, 2008 | 12:16 pm

For those that serve their country, the Department of Veteran Affairs provides a wide range of disability benefits. But not all VA benefits are created equal– the benefits you receive for your disability claim will vary from person to person. The Department of Veteran Affairs has 8 “priority groups” which they use to decide which types of benefits a veteran will receive; “1″ is the highest and “8″ (which as of 2003 is no longer assigned to new veterans) is the lowest. The level of priority you are given will depend entirely on your disability (and whether it is service- or non-service-connected), your situation financially, and the level or intensity of your disability.

Because the fact of a disability originating from service-related or non-service-related sources has a generous impact on your veteran disability benefits, it’s important to know the qualification requirements for both types of benefits.

December 17th, 2008 | 12:18 pm

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December 20th, 2008 | 12:20 pm

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January 8th, 2009 | 12:28 pm

When they first become disabled, most Medicare applicants who don’t work with a social security lawyer do not realize that they will have to wait at least 24 months before receiving coverage. This is a two year waiting period that starts when your disability begins. To be eligible for Medicare due to a disability, you must also quality for Social Security Disability benefits. Unfortunately, the combination of the waiting periods for both social security disability and Medicare coverage can make for a very long Medicare wait. You may want to talk to a social security lawyer for a better idea of the time frame.

January 10th, 2009 | 12:29 pm

Failing to see a doctor regularly may give the SSA cause to believe that you are no longer disabled.

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 SS benefits?

Social Security benefits are granted under certain conditions. The most important condition is the degree of your disability as determined by the Social Security Administration. Under SSA rules, you are classified as disabled if you cannot work in the same job as before, and your condition prevents you from working at another job.

January 23rd, 2009 | 12:39 pm

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.

In order to qualify for social security benefits, you will need 40 credits, which equates to ten years of work. Your social security benefits are based on your earnings over the course of your life, and the more you earn, the more benefits you will be entitled to. You can retire and apply for social security benefits as early as age 62.

February 9th, 2009 | 12:56 pm

The question of why the entire claim process takes so long. often lasting more than a year. is one that comes up often. Even enlisting the help of a Social Security lawyer does not necessarily speed up the time to see a judge. While it is understandably quite frustrating to be out of work and at the same time unable to claim any benefits, the huge backlog of Social Security cases results in this inordinate delay.

March 30th, 2009 | 12:46 pm

Most initial claims for disability benefits are not approved. Your next step is to file for reconsideration. The deadline for filing to have your case reconsidered is 60 days. If you do not submit the paperwork within that timeframe, you give up your right to appeal and have to submit a brand new application at step one. If your initial claim was denied once, it is likely it will be denied again.

April 11th, 2009 | 12:57 pm

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April 12th, 2009 | 12:58 pm

A decision cannot be made regarding your claim, if the representative handling your application does not have thorough or updated information about your injury. Always confirm that your case manager has updated information regarding your address and phone numbers. And do not ignore notifications or informational requirements sent to you by social security. It is important to cooperate when your social security disability case is being reviewed. Finally, be your own advocate and know where your case is in the review process by periodically contacting your claims representative about the status.

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July 16th, 2009 | 11:32 am

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July 31st, 2009 | 11:43 am

If you do not have a lawyer, however, it is extremely important to request a copy of your file well before your hearing date. It is your right to obtain a copy of your file to allow you to prepare. Do so as soon as your hearing has been scheduled, so you can be confident that you are prepared.

Q: Can a claimant check in on where a disability case is in the process, or can only a social security lawyer do that?

A: A social security lawyer will keep tabs on where your case is in the process, but if you do not have one, it is smart to do it yourself. It is usually easiest to touch base with the examiner assigned to your claim, rather than the office where you filed your claim.

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September 11th, 2009 | 2:09 pm

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September 17th, 2009 | 2:27 pm

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November 10th, 2009 | 2:57 am

Q: What can you do to get by financially when your claim for social security disability is still being processed?

A: It can take quite some time for an application for social security disability to go through the review process. Finding ways to get by in the meantime can be worrisome for some claimants. Knowing that the review process can take time, a first step is to plan ahead financially. Try to eliminate all spending that is not mandatory. Regardless of what you can afford now, resist temptation to spend.

November 18th, 2009 | 3:01 am

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December 6th, 2009 | 3:08 am

Regular social security benefits are not the same as Social Security Disability benefits and should not be confused. You must have been employed for at least a continuous 12 months before your disability to be eligible too.

When a person is disabled and their eligibility is decided they can begin receiving monthly payments from the social security office. An Administrative Law judge or a Social Security Administrator are the ones who approve or disapprove social security claims. After the claim is approved the claimant must wait 5 months before payments begin.

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December 31st, 2009 | 4:10 am

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January 27th, 2010 | 5:53 am
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