Why Is the Date of Onset Important for Social Security Disability Claim?
Posted by admin on Nov 24, 2009
Q: Can you expedite the process of having your social security disability claim heard before an administrative judge?
A: By the time a social security disability case makes it to a hearing, it has often been in the system for years. It is understandable that a claimant would want to speed up the process. It is not easy, however, to do this. Applicants who are experiencing financial difficulty can submit a dire need letter outlining their situation. You must also submit proof (foreclosure notices, utility late notices, creditor statements, etc.) of your dire circumstance. The Office of Hearings and Appeals can then decide if expediting the hearing process is appropriate. Another option is to request an on the record review. This simply means that your file is reviewed prior to your scheduled court date. It is the hope that a claim reviewed in such a manner will subsequently be awarded benefits without having to undergo a hearing. The last way to attempt to expedite the hearing process is through an inquiry via your Congressman or Senator. If your Representative or Senator supports the need to have your case expedited, his or her office will call or send a letter to the Hearing Office. If you desire to expedite your claim, it would be wise to do so with the assistance of a social security disability attorney.
Q: What is an onset date?
A: Your onset date is the day your condition or injury made you unable to continue work. It is important to establish an accurate date of onset, since all social security disability benefits due to you will be based on that date.
Q: Is every claimant eligible for retroactive social security disability payments?
A: No, not all claimants receive back pay. That being said, most cases do receive back pay. That is simply due to the fact that it can sometimes take years before a claim makes it through the process. For the fortunate social security disability claimants whose cases are approved within a matter of months, retroactive benefits may not be necessary. Past due benefits are based on the onset date of the condition. Regardless of the date of onset, an applicant can only receive retroactive benefits for up to a year prior to the date he or she applied for social security disability.
If your application for social security benefits has just been denied, should you hire a social security attorney?
Posted by admin on Oct 16, 2009
Q: If your application for social security benefits has just been denied, should you hire a social security attorney?
A: If you were denied benefits after you applied for disability, you do not need to hire a social security attorney to appeal. A fair number of people who wish to appeal their cases, however, obtain the services of an attorney at this point. The next step is to file a reconsideration. The majority of claimants are denied again after reconsideration. After the reconsideration phase, the hearing phase is the last step. A hearing is your last opportunity to present your case. That is the reason most claimants choose to hire a social security attorney once their initial claim is denied. Again, it is not required that you have an attorney to undergo a hearing. Nevertheless, most claimants that win after a hearing have a lawyer.
Q: If you would like to hire a social security attorney, what things do you need to know?
A: If you know someone who was happy with an attorney they hired for a disability case, this is the best place to start. If you do not know of any recommendations, hop online and see if you can find any reviews for an attorney who handles your type of claims. Once you find some attorneys, make a list of basic questions you plan to ask any candidates. First, find out what percentage of cases the lawyer handles are disability cases. Having a lawyer who deals with your type of cases a lot will be beneficial. Assure that the attorney has copies of your application, denial notification and health records so he can be well versed on your case when you sit down to meet for the first time. Ask the candidate to explain how the disability process works. Have the attorney provide details on the challenges of your claim and how he plans to overcome them. It is generally not helpful to ask how many cases an attorney has won. Every disability case is different. It is more helpful to hire a social security attorney that has a lot of disability expertise and who has taken the time to know your particular issues.
Q: Is it wise to submit a new application if you were not approved for disability insurance?
A: If your application was not approved after the initial review process, do not submit a brand new application. Your next step is to file for reconsideration. The deadline to file for reconsideration is no later than sixty days after you received notification that your claim was not approved for benefits. Appealing to have your case heard before an administrative judge is your next step, if your claim is reconsidered and still not approved. You will only add more time to your process, if you begin at square one again and submit a new application in lieu of filing for reconsideration.
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.