Do I Need a Social Security Lawyer to Appeal?
Posted by admin on Jan 25, 2010
Q: I recently applied for social security disability benefits and was told I needed to undergo another medical exam. Is this common?
A: It is common for Social Security to request that applicants for disability undergo another medical exam. Your representative will refer to it as a consultative examination. The representative assigned to your file asks for the consultative examination. If you are currently undergoing a hearing on your case, the judge may also request it. The consultative exam most often serves one of two purposes. If your medical records are not very current, an exam will be helpful. Current information is usually needed to process your case. The other purpose would be to fill in some gaps in your medical information. For example, you may not have a recent test that might be necessary to determine the status of your injury. A request for a CE does not mean that your application is heading toward denial. It is an indication, however, that more details on your medical condition are required in order to rule on your application. Once an exam is asked for, it is mandatory that you undergo the examination. If you have any questions or concerns about your particular CE, you many wish to contact a social security lawyer.
Q: Do I need to hire a social security lawyer if my initial application for disability through Social Security was denied?
A: A social security lawyer on your side will definitely make the appeal process less stressful for you. A large number of cases initially reviewed by the Social Security Administration are not approved. If an application is not approved, it is not necessarily an indication that the case should not be awarded benefits. Often cases are denied simply due to lack of appropriate information. A social security lawyer knows the hearing process well, will make sure your file has all the required information and that it is fairly reconsidered. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.
Q: Once I submit my application, do I need to follow up with social security?
A: Yes, you should follow up on the status of your application. If you have a social security lawyer, he will do it for you, but you should also check in with your lawyer. In some cases, paperwork can be misplaced. In other cases, notice of approval or denial of an application may never reach the applicant. Your case goes through a lot of steps in the review process. You could miss deadlines if you are not notified. Knowing where your application is in the process, or if it has been lost, can be extremely helpful. Get in touch with the representative handling you case (usually referred to as the “disability examiner.”) Most applications are reviewed within 4 months. If it has been longer than that for you, contact your disability examiner.
Hiring A Services Of A Social Security Lawyer
Posted by admin on Sep 23, 2009
There are many ways by which hiring a social security lawyer can be beneficial to you. Applying for Social Security disability benefits can be a quite a challenging experience, and doing so without a social security lawyer can make it considerably more difficult. A competent social security lawyer can make it easier for you to avail of such benefits, which are often granted depending on your qualifying points. With the many different kinds of Social Security disability benefits available, a social security lawyer can help you sort through them and help find the one that best fits your needs. A social security lawyer will even be able to guide you through the qualification process.
There are several benefits for disabled persons as provided by the Social Security System. The rules for each one can be quite complicated, which is why hiring a social security lawyer can be helpful. A social security lawyer can help you differentiate between the various kinds so you can choose the one that is right for you. This article will go into detail about two types of benefits in particular; Social Security Disability Insurance or SSDI, and Supplemental Security Income or SSI. SSDI considers factors such as work history and disability, and SSI considers factors such as income, old age and blindness.
A social security lawyer can help you in the SSDI application process if you are currently in a physical or mental state that keeps you from working. You are also eligible for the program if you have been disabled for 12 months, you expect to be disabled for the same period, or if death is a possible result of your condition. Keep in mind that you do not have to wait for 12 months before filing your claim, if you expect to be disabled for that long.
There are situations wherein the Social Security office will overpay you. When that happens, and the Social Security office made the mistake, yet they ask you to return the excess amount, a social security lawyer can help you in the process of filing for a waiver. The social security lawyer can also stand in for you if you have to face a court appeal that will decide on whether you have to pay back the excess amount or not.
Three Important Facets of a Supporting Letter from Your Doctor Regarding Your Social Security Benefits Application
Posted by admin on Sep 9, 2009
Q: When filing for social security disability, what should you do to increase the likelihood that your application will be approved?
A: Although most disability applications for social security benefits are not approved after the initial review process, there are definitely some things you can do to make sure you give your case the best foundation. Having a doctor who supports your decision to file for disability is integral to helping your case. The statement from your physician regarding how your condition affects your ability to work is extremely important. Delayed receipt of medical records is one of the main reasons disability claims get hung up in the review process. Assure that you have submitted thorough and current copies of all your medical data. This also applies if you file for reconsideration or appeal for a hearing. Always be cordial and polite when dealing with Social Security. No one is trying to find a way to deny you social security benefits. By being as cooperative and available as you can, it makes it easier for them to fairly process your case. The fourth way to help your claim is to always meet required deadlines. Knowing where your file is in the cycle and what deadline dates are needed for forms will help you stay on top of your social security benefits case. Many people find the claims process for social security benefits confusing and daunting. If you fear you cannot properly apply or respond to requests, you would be wise to consider hiring a social security attorney.
Q: What should the statement from your doctor say when applying for social security disability?
A: The letter your physician provides for your social security benefits file will need several components to solidly support your claim. First, the letter should explain your condition or injury. Secondly, your physician should explain how your condition affects your activity and ability to work. Lastly, the statement should provide a prognosis for your specific situation.
Q: Are reconsideration and appeal the same thing in the social security benefits process?
A: Both are part of the appeals process. The first step if your claim was not approved after the initial review process is to file for reconsideration. This must be done within 60 days of when you received notification that your application was denied. If your claim is not awarded benefits after reconsideration, your next step is to request a hearing. Some states may be skipping the reconsideration process right now, so check with your claims representative to see whether you should file for reconsideration or move on to the hearing process.
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.
You Child and His or Her Social Security Benefits
Posted by admin on Jun 4, 2009
Q: But, will my children receive social security benefits even if they do not live 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. A child is automatically considered financially dependent on you, regardless of where he or she resides, in the following cases: Florida social security lawyer
• The child is your legitimate, natural child
• He or she is your 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 you have a recognized, illegitimate child who does not reside in your home, and for whom a judge has not made an official determination of support, you can give evidence of that child’s financial dependence 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
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.
Talking to Your Social Security Lawyer about Medicare and SSD
Posted by admin on Dec 4, 2008
Q: How long will I have to wait to receive Medicare coverage?
A: If you talk to a social security lawyer, he or she will talk about Medicare for retired persons as fairly simple. If you are 65 years old or older, and worked for at least ten years in a Medicare covered job, you will generally be eligible for Medicare even if you’re working. If you are under 65 and suffering from a disability, you may also be eligible for Medicare. But you may want to talk to a social security lawyer about some of the complications involved in getting Medicare due to disability.
If you don’t talk to a social security lawyer or advocate when your disability first presents itself, you may not know that you will have to wait 24 months for Medicare coverage. This waiting period begins at the time you become disabled. In order to receive Medicare coverage for your disability, you are also required to be eligible for social security disability. When you combine the waiting period for Social Security Disability with the waiting period for Medicare, it can be a very long time before you see coverage. It’s generally a good idea to speak with a social security lawyer at the beginning of the process to gauge how long your wait may be.
Q: According to the Social Security Administration, I am one credit short of the number I need to be eligible for benefits. What does this mean?
A: Social Security Disability eligibility is a complex system (which is why it’s a good idea to work with a social security lawyer). In order to qualify as “insured” under SSD, most adults need to have earned 20 credits during the last ten years (counting towards your total number of working credits). This is a rolling ten year period that is supposed to end on the day that your disability is judged to have begun.
Unfortunately, due to the combination of rules requiring a certain number of credits for people of a certain age, and a certain number of those credits earned in the last 10 years, not meeting the credit requirements is easy. A social security lawyer will tell you that this often happens when an applicant simply hasn’t worked enough. Unfortuantely, though, it can also happen when you’ve waited too long to apply for SSD, or when a judge has decided to change your disability’s official onset date. If this happens, your first step should be to consult a social security lawyer or advocate to find out your options.
Q: Can I work while I have a claim pending?
A: Your social security lawyer will describe disability that is eligible for benefits as any that keeps you from earning a substantial income. This doesn’t necessarily mean, though, that you cannot work at all. If the amount you earn falls below the income limit for “substantial gainful activity,” it may not affect your claim. Talk to a social security lawyer or advocate for details.