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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: 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: 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.

Q: How long does a typical social security disability benefits claim take?

A: Unlike some other government programs, social security disability benefit claims do not have to be processed in within a certain amount of time. Some cases take years to receive a decision. Others, make it through the process very quickly. The norm for a social security disability case being reviewed for the first time is about ninety days. There are many factors that can influence the length of time it takes for your application to be reviewed.Although you cannot control how long it takes for your social security disability claim to be processed, you can assure that certain factors will not delay it. The number one reason cases are held up is due to a wait for medical records. It is important, therefore, to assure that your complete medical records have been sent to the disability examiner handling your case. Participate in any exams your claims representative may request. Contact your case manager if you need to cancel or postpone an appointment. A decision cannot be made regarding your claim, if the representative handling your application does not have thorough or updated information about your injury. Always confirm that your case manager has updated information regarding your address and phone numbers. And do not ignore notifications or informational requirements sent to you by social security. The representative handling your social security disability application wants to reach a decision too, so be polite and helpful. Finally, be your own advocate and know where your case is in the review process by periodically contacting your claims representative about the status.

Q: Do you have to be out of work for more than five months to submit an application for social security disability insurance?

A: You should apply for social security disability benefits as soon as you become injured and know that your condition will prevent you from working for at least 12 months. You do not have to wait a certain period of time before you submit an application. The review process for a claim can be lengthy, so it is best to apply as soon as possible. There is a required waiting time of five months after the onset date of your injury before you can receive your first benefits check, but there is no waiting period for applying.

Q: Are you allowed to work part time when you are waiting for a decision regarding social security disability insurance?

A: You are allowed to be employed and receive social security disability benefits. The amount you earn, not the fact that you are working, is what will affect your entitlement to benefits. You cannot earn above the limit Social Security has established as substantial gainful activity. The SGA limit for 2008 was $940 per month before taxes.