veterans lawyer

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.