What Is the Appropriate Next Step After Social Security Disability Insurance is Not Awarded?
Posted by admin on Jan 20, 2010
Q: When you apply for social security disability, how does the agency decide to deny or approve benefits?
A: Information regarding your medical condition is the number one thing that will affect whether you are approved for benefits or not. Be certain that the doctor who is currently treating your condition believes you should qualify for social security disability insurance and will cooperate with the required paperwork. Your physician will have to provide a letter describing your condition, prognosis and your ability to work. Your disability case will be based on that descriptive statement provided by your physician. It would be wise to find a new physician, if your current one is not responsive or has told you he cannot support your social security disability claim. The claim representative will also look at your actual medical files to get a complete picture of your condition. It is important to confirm with the claims examiner (or your lawyer, if you have one) that the most current medical records have been sent. A wait for medical files is the biggest reason claims are delayed. Although medical data is what the claims examiner will use to determine your eligibility for disability insurance, you also want to make sure you have completed the application and any other required forms correctly and on time. A claimant who has strong medical evidence and has met all the deadlines is a good contender for disability benefits.
Q: What is the next step after your application is not awarded social security disability insurance?
A: The next step is to file an appeal. Many claimants make the mistake of applying all over again. Your claim will likely be denied again and you will lose valuable time that could have been spent on an appeal. You must file an appeal within 60 days of when you were notified of your denial. If you currently have a social security disability attorney, he or she will handle this for you. It is wise to communicate regularly with your attorney, though, and confirm that the appeal has been filed. If you do not currently have legal representation, contact your claims representative for details regarding how and by when you need to submit your appeal.
Q: Why are there so many different names for the appeals process?
A: When you submit an application for social security disability insurance and are not approved, you will likely plan to appeal your claim. Your claim will undergo a few steps when you appeal, and those different steps can cause confusion if you do not know what they mean. In most states, the first appeal is called a reconsideration. There are a few states that are currently not using the reconsideration step, so check with your attorney or claims examiner to figure out if you should not file for reconsideration. A reconsideration is simply another review of your case with a new set of examiners. The majority of cases that are reconsidered are denied benefits. The next appeal after reconsideration is to request a hearing.
Will A Social Security Attorney Help Keep Track of Where Your Claim Is in the Process?
Posted by admin on Dec 18, 2009
Q: If I hire a social security attorney, is there a way to know how much I might have to pay him or her?
The attorney will only be compensated if you win your case. If your claim is not awarded benefits, your lawyer will not be paid. That means that your social security attorney will do all he can to assure you win your case. An attorney can be paid up to 25 percent of the retroactive benefits you are awarded. There is a maximum amount that can be awarded within that 25 percent. A lawyer can receive no more than about $6000. Social Security usually pays your legal representative directly and subtracts it from your back pay sum. You may have to pay your lawyer for out of pocket expenses that may have been incurred, in addition to the amounts limited by Social Security.
Q: If you are filing a disability claim, is it necessary to have legal representation?
A: You do not need a social security attorney to win your case. The initial review process is pretty straight forward and can usually be navigated without legal representation. Unfortunately, a fair number of applications for disability benefits are denied after they go through the initial review process. If you plan to appeal after being initially denied, the expertise of a social security attorney would be extremely helpful. Having your claim reconsidered is the next step after the initial review process, and a request to do so must be received by Social Security no later than sixty days after you received notification that your claim was not awarded benefits. Most claims are still not awarded benefits after reconsideration. Submitting an appeal for a hearing is the last chance for a claim to be awarded benefits. Having the expertise of a social security attorney during the hearing process can be invaluable. Most claims that are awarded benefits after being heard by a judge have legal representation. Regardless of where your claim is in the process, an attorney will also assure that all paperwork is submitted on time and correctly.
Q: Is it possible to keep track of where your file is after you apply for disability benefits?
A: Making sure you know how your claim is progressing is very smart. If you have a social security attorney, he or she will do this for you. But if you do not have a lawyer, do it yourself. Simply contact the disability examiner for your case and ask for an update. Not only will you have peace of mind knowing that your file is being processed, but this gives you a chance to see if the case manager knows of any missing information needed for your file.
Your Social Security Benefits Questions: Social Security Credits
Posted by admin on Nov 18, 2009
Social Security Benefits: Your Questions about Social Security Credits
Q: Social Security tells me that I don’t have enough credits to qualify for benefits. What are Social Security credits, and how can I not have enough of them when I’ve worked and paid taxes for years?
A: When you work and pay Social Security taxes, you earn credits that are used to qualify you for social security benefits. The number of credits you receive is based on both income and the number of years worked. The necessary income level for receiving social security benefits credits rises a bit each year; as of 2008, you receive one credit for every $1,050 you earn. These credits are also called quarters, as you can earn a maximum of four of them a year; any social security “quarters” that you earn during your working career will remain on your record even during times of unemployment.
A certain number of credits or quarters are required in order to qualify you to receive social security benefits. The number of credits you need for social security is based on your current age, and is calculated by the number of years you have worked. If you’re looking to be eligible for social security benefits for retirement (and are of more than 62 years of age), you will need to have 40 credits (the equivalent of 10 years of work).
However, it can happen that a person who has worked a seemingly appropriate number of years does not gain the necessary credits for social security benefits. This occurs to workers who, during their working careers, did not (or do not) have social security taxes taken out of their wages. This situation mostly occurs among Federal employees hired before 1984, railroad employees with ten years or more of service, and state and local government employees whose employers do not participate in social security.
Do You Need a Social Security Attorney to Appeal a Case?
Posted by admin on Oct 17, 2009
Q: What happens at the first interview after you apply for disability through social security?
A: Your disability application interview will be set up shortly after you submit your application for social security disability. This interview is the starting point for your case manager to gather pertinent information regarding your injury or condition and your work status. Your social security attorney will make sure you have all the applicable information and documentation for that first meeting with social security. You may not plan to hire a social security attorney, in which case you should get organized and assure that you arrive at that interview with all the necessary items. Bring a picture ID. You will have to answer some questions regarding your identity, if you do not currently possess a picture identification card. Make sure you have a certified proof of birth document. If you are married, bring your marriage certificate. If you have children, have supporting documents that confirm their status as your dependents. Provide a DD Form 214, if you were part of the armed services. Years of service can often positively affect your benefit payments. After the disability case manager has confirmed your personal details, he will move on to the details of your case. Be prepared with supporting documentation about your medical condition. Provide contact information for all your treating physicians. Lastly, come prepared with background on the past 15 years of your work history. Of particular interest will be wages and average number of weekly work hours. Assure you consult with your social security attorney, if applicable, before you go to that first meeting with Social Security. Having a social security attorney is not required for any part of the disability application process, but you will want to assure you come prepared to the first meeting. You can increase the likelihood that your case will be processed in a timely manner, if you make sure you have provided all the necessary information.
Q: How do you file an appeal if your application for social security disability is denied?
A: The next step after a claim for social security disability benefits is not approved is to make a request for reconsideration. Paperwork for reconsideration must be submitted no later than 60 days after the date of denial for your particular case. If you do not file within that timeframe, you will likely have to begin the application process from step one again. Although it is not required that you have a social security attorney, it may be wise to seek the counsel of one now. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. It is recommended that you have representation of a social security attorney during the hearing process. A request for hearing cannot be made until a case is denied after reconsideration.
Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?
A: The major snare for disability benefits appeals is to miss deadlines. All forms to have a case reconsidered must be received no later than 2 months after the initial claim was denied. If you have any concerns about deadlines or necessary forms for an appeal, you may want to consider contacting a social security attorney.
A Social Security Lawyer Can Help You With Your Disability Claim
Posted by admin on Aug 29, 2009
If you are currently suffering from a disability, a disease, or any type of medical condition that prevents you from working, you are possibly eligible for Social Security Disability benefits or SSD. SSD is a program of the government that is intended to provide monthly cash benefits to people who fit into the category of “totally disabled”. To be granted these benefits, an applicant will have to fulfill the following requirements: he or she must be suffering from a medical condition that prevents the pursuance of work, or that is expected to result in death.
Keep in mind however, that various factors will be considered in your application for Social Security Disability benefits, among them your age, your educational attainment, your work experience, how you comply with treatment, your daily activities, and the type of treatment that you will undergo. Hiring a social security lawyer may prove to be very beneficial to you when filing your claim, since conforming to all of those requirements does not necessarily guarantee that you will be approved.
A social security lawyer can collect information that will help prove your eligibility for SSD. Claiming Social Security Disability benefits can be a long and arduous process, oftentimes involving various forms and documents, and interviews with Social Security Administration representatives. In case you are denied Social Security Disability benefits, you may even have to face a judge, which is yet another good reason to have a social security lawyer on your side. When you consider that many SSD applicants are often denied benefits two times or more, and the appeals process can take up to two years to complete, the reasons for hiring a social security lawyer become even more apparent. With a social security lawyer, this process can be speeded up considerably.
It is important for you take your benefits claim seriously and to do what your social security lawyer suggests at all times. If you do not follow your doctor’s instructions with regard to your treatment for example, you will just make the job of your social security lawyer that much harder. This may result in you being denied your benefits entirely.
It is important to consider your social security lawyer as your most effective ally in your quest to receive Social Security Disability benefits. Helping him or her out to the best of your abilities will greatly benefit you in the end.
Social Security Disability Benefits and Employment
Posted by admin on Aug 4, 2009
Q: How long can you expect to wait until you hear a decision about your social security disability claim?
A: There are no deadlines within which the Social Security Administration has to process an application for social security disability insurance. Some cases take years to receive a decision. Others, make it through the process very quickly. The average review time for an initial application for social security disability insurance is three to four months. Numerous things can lengthen the duration for a decision on your particular case.And there are things that you can do to increase the likelihood that your social security disability case does not hit snags that will slow down the process. A common cause for delay is medical documents that have yet to arrive. It is helpful to confirm that all requested medical documents have been sent and received. Participate in any exams your claims representative may request. Contact your case manager if you need to cancel or postpone an appointment. Incomplete or lack of current data about your condition will slow the review process and, possibly, eventually cause a denial of benefits. 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.
Q: Do you have to wait 5 months before you apply for social security disability benefits?
A: You can submit an application for social security disability if you have an injury and it is expected to keep you from your employment for a year or more. You do not have to wait a certain period of time before you submit an application. The review process for a claim can be lengthy, so it is best to apply as soon as possible. If you are awarded benefits, you will not be eligible for your first payment until after a 5 month waiting period after the date of onset of your condition.
Q: Can you work while your social security disability claim is pending?
A: Yes, you can work while you are awaiting a decision regarding your application for social security disability. The amount you earn, not the fact that you are working, is what will affect your entitlement to benefits. You cannot earn above the limit Social Security has established as substantial gainful activity. That monthly amount is currently just under $1000 pretax.
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.
Social Security Benefits: Working While on Disability
Posted by admin on Jun 12, 2009
Because Social Security regulations are so complex, determining which social security benefits you qualify to receive can be a challenge. To help you, here are some answers to common questions about disability benefits received through Social Security.
You will not be able to get partial disability benefits through SSA. Disability social security benefits are available only to people who are completely disabled and have been so (or are expected to be so) for at least a year. If you need partial disability, you will have to apply through a state or local disability program. You will still be able to receive state and local disability benefits if SSA denies your application because you are not completely disabled.
However, even if you are deemed to be completely disabled, you can keep working while receiving disability social security benefits, provided you are sufficiently disabled that your work capacity is low. The state agency that handles your case will consider how much you can earn. If you can still work but your maximum possible income falls below a certain amount, you can still collect disability benefits. The agency will measure your total POTENTIAL earnings, not your total REAL earnings: You will not be eligible for social security benefits if there is another occupation that you have the training and physical ability to perform, and you would be able to earn above the minimum income level by switching to it. You will not be pushed beyond your limits and asked to do work you are not capable of doing. The state agency takes into account applicants’ health, age, experience, and education when evaluating which jobs they are suited to do. If you need help moving to a better job that would enable you to support yourself, assistance is available.
Many applicants are confused and annoyed by their social security agents’ request to continue seeing doctors even after they have doctors’ statements that there is no available medical treatment for the applicant’s condition. If you are in this position, there is an explanation! First, your regular doctors may not be able to provide all of the information the state agency needs to evaluate your case. The agency will arrange for you to see a doctor who has the specialized experience or equipment necessary to complete the examination. The examination is part of your case evaluation, not a part of your treatment plan.
Second, disability is not always permanent, and even untreatable conditions can improve. Regular examinations to chart the progress of your health are essential. Your health may improve enough that you can return to work, even without medical treatment.
And third, medical breakthroughs happen every year. Why miss out on a cure because you stopped going to the doctor out of resignation? Occasional doctors’ visits are a minor nuisance compared to the vast improvements you could someday see.
When Can Someone Apply for Social Security Disability Benefits?
Posted by admin on May 4, 2009
Q: When can I file for social security disability benefits?
A: As soon as your injury prevents you from working, you can file for social security disability insurance. To qualify, the condition must be expected to prevent you from working for at least a year. You should apply for social security disability as soon as possible, since it can take quite some time for the Social Security Administration to review your claim. You can apply for back payments for benefits, if you are approved for social security disability benefits. You are not eligible for your first benefits payment until the sixth month after the onset of your condition. You will not be awarded retroactive benefits for that period of time.
Q: How do I apply for social security disability insurance?
A: You can apply for social security disability benefits online at www.socialsecurity.gov or by calling Social Security at 800.772.1213. You will then be scheduled for an appointment with a representative assigned to your case. That initial appointment can usually be conducted by phone or in person, dependent upon what is easiest for you. That representative will walk you through the required forms and make sure you have submitted everything for your claim. If you are unsure if you qualify for SSDI (social security disability insurance) or SSI (supplemental security income), your claims rep can help you. That representative can assist you with any submission for retroactive payments of social security disability, if applicable.
Q: Are there steps I can take that might help the chances that I will be awarded social security disability benefits?
A: Many claims for social security disability are denied during the initial review process. You can, however, improve the likelihood that your application is approved. The first task is to simply make sure you applied correctly and completely. By staying in touch with your claims representative, you can easily know if anything required is missing. The next step is to assure that your doctor is on your side and backs your decision to file for social security disability benefits. A detailed letter about your condition written by your treating physician is an asset to your file. In addition to applying correctly and having a thorough statement from your doctor, assure that your medical records have been given to your claims representative. The main reason most social security disability applications are postponed is because of a wait on medical records. Lastly, be cooperative, meet deadlines and check in on your file. Finally, make sure you do not miss deadlines for paperwork, keep in touch with your claim representative to know where your file is in the process and always be courteous (no matter how frustrated you may get at times.)
Social Security Disability and Medical Treatment
Posted by admin on Apr 11, 2009
Obtaining Social Security disability benefits for a person under the age of 50 is not impossible, but it is much more difficult then it would be for someone over 50, who is considered an older individual. The burden of proof for a younger individual is that there is no work in the national economy that he/she can do. For somebody over 50, on the other hand, the only proof they need to provide is that they are no longer able to have the same vocation they did during the last fifteen years.
If you do not have medical insurance, Social Security will send you to their doctors. These Social Security doctors are not actually there to treat you, but to examine your case impartially and methodically. Because of this, having a record of treatment from independent (non Social Security) doctors is generally the best way to provide proof of your disability. Doctors that know you and know what you are going through.
If you do not have medical insurance, there are two different places you can go for help. Your local county clinic and vocational rehabilitation. County clinics are there for people who do not have medical insurance. When you first contact these clinics you should not immediately tell them of your medical problems. Often times, when the administrative staff hears about your complicated medical problems, they will tell you that they cannot help you because they do not have proper funding for your condition(s). They may decide to turn you away before you even get to see a doctor. You just simply them that you do not have medical insurance and you need a primary doctor. Do not give any details. Then, when you get in to see the doctor, you can provide details about your condition and concerns. Often (though not always), once you get in to see a doctor, the county clinic will send you to any necessary specialists and agree to pay.
The Vocational Rehabilitation Program, is a state funded program designed to help people be trained to do some type of work. However, before sending you off for training, this program will check your medical history and have you checked out by doctors associated with the program. They will pay for doctor visits, medications, tests and even surgeries and/or procedures, if warranted. When all this is finished, they will then decide whether or not they believe you can go to work. If at the end of the decision process the program determines you unable to work, they will then send you over to Social Security to apply for benefits. 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. And, if a vocation rehabilitation program does decide that you are fit to work, they will help you find the employment you need. In this case, the medical records, etc., you obtained can still be used to prove your Social Security disability claim.
Once again, without medical treatment, especially for younger individuals, it is almost impossible to get Social Security Disability Benefits. Therefore, you have to get into medical treatment as soon possible.