Is It Possible to Expedite a Social Security Disability Hearing?
Posted by admin on Jul 29, 2009
Q: Are there any set time limits within which a decision on a social security disability claim has to be made?
A: Unlike with other government benefits programs, there is no set deadline within which an application for social security disability must be initially reviewed. That being said, a decision on an application under initial review usually takes 3 or 4 months. And although there are no deadlines for the initial review process, there are strict deadlines for reconsideration and appeals for hearings. If you miss deadlines for social security disability appeals, it can affect your claim. Most often, you will need to file a new application and start at the initial review process again. You are required to submit your appeal for reconsideration or hearing request no later than 60 days after you received notification that your case was not approved. That does not mean you have to mail it by that date. You need to make sure that Social Security has received your paperwork and appeal within that deadline. The administration does grant you an additional 5 days to get the appeal submitted to give you some lee weigh for mailing time. But you do not want to take a gamble with your claim. The best course of action is to submit that appeal as soon as you receive notification that your claim was not approved for benefits.
Q: Is it possible to speed up the date for your social security disability case hearing?
A: Trying to have your case heard before an administrative judge more quickly can be challenging. But you can do a couple things to try. If your financial circumstances are putting you in a difficult situation and you are in jeopardy of losing your home or medical care, you can send a letter of dire need to the office handling your hearing. Be certain to include proof of your financial situation with the letter you send. Duplicates of overdue utility and mortgage notifications will lend credibility to your dire need request. Your case may be expedited if the office determines your financial situation dictates it. Another option is to request an on the record review of your case. This is simply when the hearing office reviews your case before the scheduled hearing. The medical evidence must be undeniable for a claim to be approved after an on the record review. The last option to try to have your social security disability case expedited is to contact your Senator or Congressman. If you plan on trying to expedite the hearing process for your case, it would be wise to contact a social security attorney.
Q: Are there witnesses for a social security disability hearing?
A: Disability cases are decided based on medical evidence. Witnesses are allowed during the hearing, but it is up to the judge for your case to decide if the testimonies of witnesses will be used. Expert witnesses presenting medical and employment background are often utilized in hearings.
Who Is Eligible for Social Security Benefits?
Posted by admin on Jul 27, 2009
Q: What are the requirements you must meet to be eligible for disability social security benefits?
A: To qualify for social security benefits, your condition must prevent you from working for at least a year. The condition can be mental or physical in nature. For your application for social security benefits to be approved, you cannot earn more than the limit set for such benefits. Currently, that amount is just under $1000 per month before taxes. In addition, you must show that it is not possible for you to perform other types of work. To determine “other work” eligibility, Social Security considers your education, age and the type of employment you had prior to your injury.
Q: Do disability social security benefits have a time limit?
A: You will collect social security benefits unless one of three things happen. If your condition improves to the point that it allows you to return to work, your social security benefits will be discontinued. If you choose to reenter the workforce, instead of relying on your social security benefits, your benefits would also discontinue. The last scenario in which social security benefits would no longer continue would be if you reach retirement age. In that case, you would then begin receiving retirement benefits instead. Your file will be reevaluated from time to time. It is expected that you inform your case manager, should your injury improve or if you return to work.
Q: What is the average time it takes to review a claim for social security benefits?
A: The average time it takes for an initial social security benefits claim to be reviewed is a little over 3 months. It is hard to determine, however, the length of time your claim may be under review. A decision on an application for social security benefits can be made in 30 days. Other cases can take up to two years. To improve the chances that your application for social security benefits will not be delayed, make sure you have provided all the required information and filled out paperwork correctly. Most cases get hung up because the claims representative is waiting for current and complete medical information. A lawyer who specializes in social security benefits can be invaluable, if you have any concerns about the length of time your claim is taking.
Can a Social Security Lawyer Help with My Claim?
Posted by admin on Jul 22, 2009
Q: When will I actually start receiving benefits?
A: When your disability case was given approval, the Social Security board in your particular state decided when your injury first prevented you from working (known as “date of onset.”) You are eligible to receive benefits five months after your date of onset. But, benefits are paid at the end of each eligible month, so you will not receive your first payment until six months after your date of onset. No benefits will be paid for those first five months. If your disability began before you applied for Social security disability, you may be eligible to receive back payments. You can receive retroactive benefit payments for no more than a year. If you need assistance applying for or determining if you are eligible for retroactive payments, it would be helpful to contact a social security lawyer. There are many applicants who do receive back payments for benefits, since the process of applying for benefits can often take quite a while.
Q: Will my children receive benefits?
A: Whether or not your children receive benefits will depend upon how much you contributed to Social Security prior to being injured. Your child may be entitled to receive monthly benefit amounts of about 50 percent of your full monthly benefit amount. There are limits to how much your family can collect. And again, how much your dependents are eligible to receive is based on your Social Security earnings history. To be eligible, a child cannot be married. He cannot be older than 18, unless he is a student (students cannot be older than 20 to be eligible.) Your dependents will not qualify as part of your benefits, if you collect Supplemental Security Income payments. If you have any questions about qualifications for dependents, you may wish to contact a social security lawyer.
Q: Does my case continue to be reviewed after benefits have been awarded?
The administration does evaluate your records from time to time. Until you are able to return to work or reach the age of retirement, your file will be subject to Continuing Disability Reviews (CDRs.) The CDR is undergone to update your file with the latest medical records and to determine if your condition has improved significantly. CDRs are described as being done a year after approval, then three years and seven years after. Given current backlogs, your file could be undergoing a CDR at any point. You will maintain your benefits, until your injury has changed or you are able to work enough to bring in at least $940 monthly income. If you receive Supplemental Security Income (SSI) benefits, you would stop receiving payments once your income level exceeds the limit for eligibility. If you are confused about returning to work in some capacity and how that may affect your benefits, it would be wise to contact a social security lawyer.
How Long Is the Initial Review Process for a Social Security Disability Claim?
Posted by admin on Jul 21, 2009
Q: Does the work history of a person affect the determination of a social security disability claim?
A: Past employment is important to your disability case. Determining whether social security disability insurance should be given is in part dependent upon the work a person could do, in spite of his current medical condition. The case manager is interested in your work history to determine if you are able to still perform jobs you have had before. In addition, your work history will also help the examiner for your case know if you can perform other types of work. To make social security disability claims less subjective, a set of guidelines were established to help the case manager determine the eligibility of an applicant. The age of an applicant, academic history and limitations caused by the medical condition are all factored in. This grid helps them decide if a person is capable of doing any of his previous employment or other employment. The medical vocational grid still leaves a lot of room for error. The limitations of a condition and the need for social security disability insurance are very difficult to fit into a simple set of guidelines. The claims manager will still need to use some common sense and subjectivity to determine if a person can perform work. Your work history is a significant factor to your case.
Q: What is the difference between SSI and SSDI?
A: SSDI and SSI are disability benefits, but they are quite different in their requirements. An individual qualifies for Social Security Disability Insurance (SSDI), if he has earned the minimum amount of credits through his work history by contributing to social security through his taxable earnings. Supplemental Security Income (SSI) is awarded based on financial need. An individual does not need to have worked enough to have accumulated work credits to be awarded SSI.
Q: How long does a claim take?
A: For applications that are complete and filed appropriately, the usual turnaround time for the initial review process is 3 or 4 months. The most common reason an application is delayed is due to a wait for medical records. To lessen the likelihood that your case will take longer than the average, make sure the examiner handling your application has all the necessary items to review your case. If you receive notification that your social security disability claim was not approved after the initial review process, you will probably wish to have it reconsidered and (if necessary) heard before an administrative judge. Having a case reconsidered and heard before an administrative judge will make your claim take even longer. A decision on some claims may take a couple years.
When Can You Submit an Application for Social Security Disability?
Posted by admin on Jul 10, 2009
Q: Should a claimant submit another social security disability application when he is not approved for benefits after he applies?
A: A claimant should not submit another social security disability application after he does not initially receive approval for benefits. Many people who wish to have their case reviewed again mistakenly apply again. Submitting a request to appeal the claim should be the next course of action. Having your case reconsidered will be your first step in the appeals process. The deadline for filing for reconsideration is sixty days after being notified of denial. You will then appeal for a hearing, after your claim is reconsidered and denied. Having your case heard before an administrative judge offers one last chance to plead your case and allows the judge to comprehensively review your file and all supporting items. Those who choose to submit a brand new application over and over again do not make it to the hearing stage. By choosing to apply again and start the process over, a claimant unnecessarily waits through the initial review process to likely not receive approval again. You are at square one again. Appealing gives your case the best chance of approval.
Q: Can not taking prescriptions recommended by your physician weaken your social security disability claim?
A: Yes, you can hurt your chances of being awarded social security disability benefits if you do not take prescribed medication. By not taking prescriptions, it may appear to a reviewer that your injury is not severe enough to keep you from working. More importantly, it is difficult to determine the severity of your particularly case if you are not following prescribed treatments. To assure that a sound decision can be reached regarding your case, make sure you take all prescriptions and adhere to regiments recommended by your physician.
Q: Is there a certain amount of time you need to wait to submit a social security disability benefits application?
A: Disability claims can take anywhere from several months to several years before a decision is made. For that reason, you should submit your application as soon as your injury prevents you from working and you believe you will be unable to work for at least 12 months. Do not wait. Touch base with a representative at Social Security and make sure you have all the necessary paperwork and interviews lined up. If you would be more comfortable having legal representation, contact an attorney specializing in disability claims with Social Security.