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.