veterans lawyer

Q: Can you do anything to give your disability claim the best chance of receiving benefits?

A: The majority of social security benefits claims are denied when they go through the first phase of the disability application cycle, but you can assure that you give your claim the fairest chance possible. The number one thing you can do is to make sure you have a physician who is on your side. 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. Always make sure the disability examiner for your claim has the most recent and complete records for all your medical treatments and history. Do so again when having your case reconsidered or requesting to have it heard before an administrative judge. Always be cordial and polite when dealing with Social Security. The representatives want to reach a social security benefits decision as quickly as possible, so are not working against you. 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. You may wish to enlist the help of a lawyer who specializes in social security claims, if you have any concerns about properly submitting paperwork or staying on top of your claim.

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. Next, the letter needs to make clear what your physical restrictions are and how that impacts your employment. The third thing the letter will need to elucidate is the outlook for your injury and your recovery.

Q: What is the difference between appealing and having your social security benefits claim reconsidered?

A: Both are part of the appeals process. If your application was denied and you wish to continue further, your next move is to have your case reconsidered. This must be done within 60 days of when you received notification that your application was denied. Your next course of action if your case is reconsidered and denied is to file a request to have it heard before an administrative judge. A few states are currently testing a process that does not have cases reconsidered, so make sure you know if your state is one of them.

Q: Will SSI benefits stop if you start working again?

A: Supplemental Security Income benefits are based on financial need. If you become employed again, your earnings may reduce or discontinue your SSI benefits. If your earnings are equal to or exceed the income threshold set by Social Security, your SSI payments may end. That amount for 2008, for example, was $940 per month before taxes. It is important that you report all your earnings to Social Security. You are responsible for repaying any benefits that were paid that you should not have received due to income. It is important to note, however, that Social Security wants to help you return to work. Purposefully keeping your hours low for the sole purpose of continuing SSI benefits can be considered fraudulent. If you have any reservations about returning to work because of loss of SSI benefits, you may wish to contact a social security lawyer.

Q: Should you be concerned if Social Security prefers to communicate with your social security lawyer instead of you?

A: Once representation is hired, Social Security prefers to handle all transactions regarding your case via your social security lawyer. Do not be worried. The social security lawyer you hired is your advocate and works only on your behalf. If Social Security conducts transactions simultaneously with your social security lawyer and you, it can get confusing. You and your attorney are a team. You should be in frequent contact with your social security lawyer regarding your case. That is why you hired representation.

Q: Can an individual be awarded benefits through the VA and SSDI?

A: An individual is eligible to be awarded disability with the Veterans Administration and the Social Security Administration. Any veteran who became disabled after September 30, 2001 is entitled to expedite his application for social security disability benefits. Although the accelerated process should happen without any added paperwork, it is wise to make sure your case manager knows you expect it. If you have hired representation, your social security lawyer will know to make sure your case is expedited.

Q: Can it hurt your case, if your treating physician does not support your decision to apply for social security benefits?

A: You need a physician who is supportive of your decision to file for disability. He or she will be asked to write a statement that explains your injury, your prognosis and your resulting employment outlook. The disability examiner will be influenced heavily by the supporting materials from your doctor. A cooperative doctor will also be more likely to assist in obtaining medical records on time. If your doctor does not support your decision to file for social security benefits, find one who does. A claimant whose physician no longer supports his claim anywhere during the claims process should get another physician. It will be worth the time you will have to invest to find a new one. There is too much at stake to not have a doctor on your side. You will have an extremely difficult time being awarded social security benefits without the support of a doctor.

Q: Can forgetting to respond to a letter or notice affect your chances of being awarded social security benefits?

A: Not responding to letters or notifications can absolutely have a negative impact on your claim. You should always respond promptly to anything you receive regarding your social security benefits claim. You will receive a letter in the mail when your court date is scheduled for a hearing, for instance. Missing a court date can put your claim in jeopardy. Another example would be not opening a request for a medical examination. Just like not appearing for a hearing, ignoring a consultative exam letter will only stall the review of your social security benefits claim and may even mean you lose your case. Respond promptly to all correspondence regarding your case. And be mindful of all deadline for appeals, as well.

Q: Is it true that everyone is denied the first time he applies for social security disability?

A: Social Security absolutely does not simply deny every disability claim they initially review. It is true that a large percentage are not awarded benefits after the initial review. The reasons for this can vary. Some claimants do not apply correctly or do not have supporting documentation to bolster their cases. Others apply over and over again, instead of filing an appeal. Social Security does approve some claims after they are initially reviewed. There are even more who win benefits after they are heard before an administrative judge. It would be wise to seek assistance from a social security lawyer, if you are worried that you cannot handle submitting complete and thorough required documents for your claim.

Q: What does the application interview for social security disability benefits entail?

A: The first thing that will happen after you file for social security disability is the scheduling of the initial interview. The purpose of the interview is to provide the disability examiner assigned to your case with the basic background about your case and you. If you have a social security attorney, he or she will help you prepare for that interview. If you do not have a social security attorney, then you will want to make sure you are prepared. 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. Similarly, bring documentation that provides proof of any additional dependents. If you served in the military, bring your separation documents. Sometimes, your time in the military can increase the amount of benefits. After the disability case manager has confirmed your personal details, he will move on to the details of your case. Make sure you bring copies of your medical records and treatments for your current injury. Provide contact information for all your treating physicians. Finally, provide supporting documentation and details about your employment for at least the past decade. Hours worked and salary should be included. Again, if you plan to hire a social security attorney for the application process, it would be wise to meet with him or her prior to the initial interview. If you do not plan to hire a social security attorney, then just make sure you have all the supporting documentation necessary to complete that initial interview. By assuring you have all the required documents, you can decrease the chances that your application will be delayed.

Q: How do you file an appeal if your application for social security disability is denied?

A: If your application was denied after the initial review process, you should plan to file for a 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. You do not necessarily need a social security attorney, but having such an advocate can be helpful during reconsideration. The majority of cases will not be approved after reconsideration and claimants will then request a hearing. The services of a social security attorney can be extremely beneficial during preparation for and the actual hearing. A claim must first be reconsidered before an appeal for a hearing is made.

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 reconsideration paperwork must be submitted within 60 days of the date of denial of the application. If you have any concerns about deadlines or necessary forms for an appeal, you may want to consider contacting a social security attorney.

For people who can no longer work because of a disability or who get injured at work, we have a financial provision for them in the U.S. Social Security Disability payments are paid to people because of this financial provision.

The person has to be disabled enough so that they can not work anymore to provide an income for themselves before they are eligible for Social Security Disability. Not only that, but the person must have been fully insured at the time they became disabled. Being fully insured means that you were working for a minimum number of quarters and paying into the Social Security system when you became disabled.
Regular social security benefits are not the same as Social Security Disability benefits and should not be confused. You must have been employed for at least a continuous 12 months before your disability to be eligible too.

People who are deemed disabled and eligible for social security disability will receive monthly payments just like they were getting social security retirement benefits. An Administrative Law judge or a Social Security Administrator are the ones who approve or disapprove social security claims. After the claim is approved the claimant must wait 5 months before payments begin.

Children of people who are eligible for social security benefits can receive benefits also. In certain cases the spouse of someone receiving social security disability benefits can also receive benefits. For instance, if the spouse is over 62 years old they are eligible. Being a spouse of any age and one who is taking care of a child under the age of 16 is another acceptable qualification for the spouse to also receive social security disability benefits. Children who are under the age of 18 and who are still going to high school can also receive social security benefits if their parent is disabled.However, when a child under the age of 22 becomes disabled and was not working, they are still eligible for social security benefits. Someone who gets a divorce and later their ex spouse becomes disabled, is not eligible for social security disability benefits like one who is divorced is eligible for social security retirement benefits.The reason you should speak to a qualified attorney is that there are certain things that you need to be aware of that can disqualify you if you do not fill out the claim forms correctly.

Q: What is the difference between SSI and SSDI?

A: SSI (Supplemental Security Income) and SSDI (Social Security Disability Insurance) are two different benefit programs that are offered to individuals who qualify as disabled. Those who have contributed to social security during their work history and have accumulated enough credits, are eligible for SSDI. To determine eligibility for SSDI, Social Security will look at the earnings history, time in workforce and earned credits of an individual. While in the workforce, an individual earns one work credit for every calendar quarter. An individual can generally qualify for SSDI if he has worked the calendar equivalent of 5 years out of the last 10. Eligibility for SSI benefits, however, are dependent upon the financial needs of an individual. SSI can be awarded, regardless of work history. To be eligible for SSI, an individual cannot earn more than $1,433 per month in wages ($694 per month if the income is not from wages). An individual must report all wages, resources and income when applying for SSI. If you have any questions about whether you qualify for SSI or SSDI, contact a social security lawyer.

Q: Do you need a social security lawyer if you plan to appeal your Social Security disability claim?

A: You do not need to have a social security lawyer in order to appeal your claim. That being said, if your case was denied after the initial review, it would be wise to seek the counsel of a social security lawyer. The first step after an application is denied is to have the case reconsidered. Most cases that have been reconsidered are not approved. The next step after reconsideration is to request a hearing for your case. It is strongly recommended that you have a social security lawyer for the hearing process. The likelihood that your claim will be denied decreases with an advocate like a lawyer on your side. You have peace of mind, as a social security lawyer will make sure that your claim is arbitrated fairly all the forms are completed correctly and on time. Additionally, a lawyer can help establish the best date of onset for your condition and file for any back pay benefits.

Q: Will an attorney take care of all my paperwork for disability insurance?

A: If you have hired the services of a social security lawyer, he will assure that your paperwork has been filed correctly and within the required deadlines. That being said, you should understand and know what paperwork is required. You should communicate with your lawyer frequently. Although the attorney will make sure you complete everything, some forms should be your responsibility. The initial application and any forms regarding your work history are most easily completed by you.

Q: When should you submit your application for disability insurance?

A: It is the most advantageous to apply for benefits as soon as possible after the onset of your condition. If you are approved, you are not eligible to receive benefits until after a 5 month waiting period from the established date of onset of your condition. The onset date is the first day you were unable to work due to your condition. The evaluation time for the average initial claim, however, is 3 or 4 months. So, if you wait to apply, you can expect delays in receiving your first payment. You will be able to receive retroactive benefits, even if you wait to apply. The eligibility waiting period will not be included in those retroactive benefits payments. But the longer you wait to apply, the longer you wait for your first check. If you are confused about when or how to apply for disability insurance, it may be beneficial to speak with a social security attorney.

Q: Can you receive Medicaid and social security disability?

A: If a claimant receives approval for SSDI (disability insurance), he can apply for Medicare. Medicare cannot begin until 2 years have past since the onset date of the injury, in addition to the required waiting period (5 months) an individual had to wait to begin receiving SSDI benefits. Those who collect SSI can apply for Medicaid. For individuals who receive concurrent benefits from SSDI and SSI for a time, the line between eligibility for Medicaid versus Medicare can get blurry. An individual in this situation should call the social security claims manager for his particular case to determine eligibility for Medicaid and Medicare. If you believe you are eligible for certain benefits and have not been approved, you may wish to seek counsel from a social security attorney.

Q: Do you need a social security attorney if you plan to appeal your claim?

A: It is not required that you have a social security attorney for any portion of the application process for disability benefits. That being said, if your claim is not approved after the initial review process, it would be wise to obtain legal representation if you plan to appeal. Most cases that are reconsidered are denied and are then appealed to be heard before an administrative judge. Statistically, the majority of claims that receive approval during a hearing process have a social security attorney representing them. It is extremely beneficial to have an advocate like a social security attorney on your side, as the hearing is your last chance to present your case.

Q: Is there anything you can do to hurry along scheduling for a social security disability hearing?

A: By the time a social security disability case makes it to a hearing, it has often been in the system for years. Finding a way to expedite the hearing cycle would be welcomed by most applicants. It is not easy, however, to do this. If a claimant is suffering major financial trouble due to the long wait for benefits, he can file a letter of dire need. 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. Such a review allows your case to be evaluated by the Office of Hearing and Appeals before the actual hearing. If all goes well, your case is approved at the on the record review and will not have to be heard before a judge. 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: Why is the date of onset important?

A: The date of onset is simply when your medical condition began and, as a result, you could not longer be employed. 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: Does everyone who is awarded social security disability benefits receive back pay?

A: No, not all claimants receive back pay. But the majority of claims are awarded retroactive benefits payments. This is because the review and hearing processes can take very long for many cases. 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.

Q: If you have filed an appeal to have your disability case heard before an administrative judge, what things should you to prepare yourself?

A: What can be a long process for some disability claims culminates in a scheduled hearing, which gives the claimant a final chance to thoroughly present the aspects of his case. It is important, therefore, to be ready for your hearing. Having an advocate like a social security lawyer on your side during the process can be extremely beneficial. The majority of claims that receive approval after the hearing process are represented by a social security lawyer. There are several ways to make sure you are ready to face your scheduled hearing, regardless of whether you have legal representation. Perhaps the most important things to have a handle on are the time and location of the hearing. Map it out ahead of time, if you are unfamiliar with the location. Account for potential traffic delays and other possible things that might add some time to your commute to the location. Being tardy to your scheduled appointment will likely mean your claim cannot be heard, which will result in long delays due to rescheduling. It is in your best interest to have your case heard as soon as possible. Always make sure you are dressed appropriately for a court appearance and are mindful of the decorum expected in a courtroom. The next big item to help you prepare for your hearing is make sure that the office handling your hearing has current and complete medical information regarding your case. Your claim cannot be adjudicated appropriately, unless the judge has recent and thorough data about your condition. Your social security lawyer will handle this for you, if you have one. Although it may seem obvious, the final tip is to thoroughly know the details of your file and overall claim. If you have a lawyer, you need not worry so much about this one since he or she will have your files and understand your case well. For those who will not be represented by an attorney, requesting a copy and reviewing the files in advance of the scheduled hearing is crucial. It is your right to obtain a copy of your file to allow you to prepare. Do so as soon as your hearing has been scheduled, so you can be confident that you are prepared.

Q: Can a claimant check in on where a disability case is in the process, or can only a social security lawyer do that?

A: A social security lawyer will keep tabs on where your case is in the process, but if you do not have one, it is smart to do it yourself. It is usually easiest to touch base with the examiner assigned to your claim, rather than the office where you filed your claim. You will need to call your local office, if you need the specific details for the disability examiner assigned to your case. It is extremely helpful to let them know it is a disability claim status matter. You can also check the status of your claim online at https://secure.ssa.gov/apps6z/IAPS/applicationStatus.

Q: Can you file for social security disability online?

A: You are allowed to submit an application with the official Social Security web site. Go to www.ssa.gov/onlineservices and follow the instructions. There are additional resources to help you know if you should apply and walk you through the necessary steps.

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 can even help you with 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.

Your social security lawyer can help you apply for SSDI if your Social Security fees are paid, and you are suffering from a physical or mental condition that prevents 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.

In some cases, you may receive overpayment from the Social Security office. Again a social security lawyer can help you with this situation, especially if the error lies with the Social Security Administration and you are asked to pay back the overpaid amount, in which case you may want to file for a waiver. If your request for a waiver is denied, you may have your social security lawyer represent you in an appeal process that will determine whether or not you will have to pay back the overpaid benefits.