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.
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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. Aren’t sure whether you should request a reconsideration, waiver, or payment schedule? Speak to a social security lawyer.
Q: Is somebody who is legally blind eligible for Social Security Disability?
A: According to Social Security, “legally blind” means your vision cannot be corrected to more than 20/200.
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In addition, you will also have to be unable to work for at least 5 full months before you can begin receiving disability benefits.
Some people have also wondered why the entire process takes so long, in some cases lasting for more than a year. 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. Since Social Security cases are processed in the order in which they come in, there is little that you can do but wait.
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Q: Is it possible to apply for social security disability benefits at an actual Social Security office?
A: You can apply for social security disability insurance online, over the phone or in person. Most people believe handling it in person is the most advantageous. Meeting with your claims representative will give you one on one communication. The meeting will be your first opportunity to provide background on your claim and medical condition, and the disability case manager will get to see how your condition currently affects your ability to function. This initial meeting sets the stage for the rest of process.
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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 can receive benefits if they are:
• Unmarried,
• Less than 18 years old,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or, over the age of 18 and disabled before the age of 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.
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The review will be conducted by the Disability Determination Services department of the Social Security Administration in order to find out if the member should go on receiving Social Security benefits. The member will go through an interview process and will be asked about his or her condition since being granted Social Security benefits. A medical examiner will then determine the present state of the member’s medical condition. If the results show that the member can go back to work, the Social Security benefits will be discontinued.
If you feel that you are still disabled at this point, you may appeal the decision with the Social Security Administration office.
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I am able to work, but not at the level I used to, nor can I earn the same money I used to. Is it still possible for me to file for social security benefits?
Yes, you can file for disability benefits if you are making less than a certain amount per month, averaged over a full year. The amount changes annually, so check the official Social Security web site or booklets to find out what the current limit is.
However, your current income is not the only number the state agency will consider when evaluating your case. If you can move to another line of work and in so doing raise your income above the approved level, you will not be considered eligible for disability benefits.
A social security attorney can be an invaluable source, if you are having difficulty applying for disability benefits.
Q: Can you receive Medicaid and social security disability?
A: A person who is approved for social security disability insurance (SSDI) is eligible for Medicare. An individual cannot receive Medicare benefits until two years after the date of onset of the condition plus five months (the waiting period mentioned in the previous question). Those who collect SSI can apply for Medicaid. The distinction can get a bit confusing for those who may collect both SSI and SSDI for a certain period of time.
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