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.