Consulting a Social Security Lawyer
Posted by admin on Jan 20, 2009
Q:. Am I eligible for disability benefits, if I suffer from occasional seizures?
A: The Social Security Administration does not grant disability benefits for all claims due to seizures. 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. Seizures that are categorized as major motor seizures must happen once a month or more and must occur during the day. Minor motor seizures must occur once a week or more. In all cases, strict adherence to medication and treatment must be demonstrated. 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. A social security lawyer may be helpful in determining if your specific situation meets the guidelines of the Social Security Administration.
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. For applications that were complete and filed correctly, the average processing time is about 4 months. 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. The disability examiner will provide a write up summarizing your medical records, then give the file to a medical specialist to review. 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. If your case is denied, you can first apply for reconsideration. In that case, your application will go through the same process with a different disability examiner and medical consultant. 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. By having a social security lawyer on your side, you can confidently dive into the application process. This will allow you to file your claim correctly and more quickly than if you had to do it all on your own. Over half of the application submitted are not approved. In some of those instances, having an advocate like a social security lawyer may have increased the likelihood of approval. An attorney is usually recommended if your application is denied and you plan to appeal or have your case reconsidered.
The Ins and Outs of Social Security Benefits
Posted by admin on Jan 7, 2009
The Social Security Administration is responsible for the payment of social security benefits under the social security system in the United States. 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. Workers unable to continue their present jobs on once they have worked for a stipulated duration can still receive disability benefits. Disability benefits are paid through two 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. If an individual is employed with average monthly earnings exceeding a certain amount as decided by the administration, then the person will not be considered as disabled. 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. If the individual cannot perform the work he was able to in the past, the State agency looks to see if other alternative employment can be arranged. 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.
Filing a Social Security Disability Claim
Posted by admin on Jan 5, 2009
Q: Should I make my claim for social security disability under my own account, or under the social security account of my spouse who recently passed away?
A: For most social security disability applicants, the goal is to get the largest payment possible. In some cases, you will receive the most generous payment by applying under a deceased spouse’s SS account. Other times, the largest payment will come from your own account. In either case, you will need to determine the highest payment, as you cannot apply under both.
The first step when deciding under whose account to request social security disability is to determine which will provide higher payment. It is best to check with the SSA to determine what those payments might be. Depending on your age, level of ability or disability, and your years of work, it is possible to receive higher payments on your own, or via a deceased spouse’s account. In the case that you do choose to claim survivor’s benefits, you will receive your spouse’s full social security disability benefits when you reach retirement, or when you reach the age of 50 and are disabled. If you are not disabled, you can get anywhere from 71 to 99 percent of your spouse’s benefits before you reach retirement, as long as you are 60 years old or older.
Q: I currently get my benefits from social security disability, but I want to switch to social security retirement.
A: Generally, if you receive social security disability benefits, those benefits will be transferred to retirement benefits upon reaching retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer. Speak to the SSA or a social security disability lawyer for more information.
Q: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?
A: You have probably heard comments and complaints from many social security disability applicants that their claims are constantly denied; but in reality, not all first applications are rejected. In truth, the SSA has no rule in place that directs them to deny all first claims. That said, it is true that many first applications are denied, and that approvals tend to result from the appeals process.
Nationwide, 70% or so of social security disability claimants are denied on their first application. The biggest problem with this is that many who see their claims rejected do not know what to do improve their chances of being approved on the next application. Since most social security disability approvals happen through appeal, it is key to have knowledge of the ins and out of the appeals process. Consult the Social Security Administration or a social security disability expert for more information.