Orlando social security attorney

Q: How long before I am covered for Medicare?

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. Even if you are under 65, it is possible to be eligible for Medicare coverage if you suffer from a disability. 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. To be eligible for Medicare due to a disability, you must also quality for Social Security Disability benefits. Unfortunately, the combination of the waiting periods for both social security disability and Medicare coverage can make for a very long Medicare wait. You may want to talk to a social security lawyer for a better idea of the time frame.

Q: The SSA says I am short one credit to apply for disability insurance. What, exactly, do they mean?

A: The SSA has so much small print and obscure rules that nobody but a social security lawyer could learn them all. 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 10 year rolling period should end when the SSA deems your disability to have started.

Sadly, though, the rules that go into determining how many credits you have and need for the last ten years of work makes meeting your credit requirements rather difficult. A social security lawyer will tell you that this often happens when an applicant simply hasn’t worked enough. But it also can happen due to delays in application, or a “disability onset date” which is adjusted by a judge or other official during the application process. If this happens, your first step should be to consult a social security lawyer or advocate to find out your options.

Q: If I have an SSD claim pending, can I still work?

A: Your social security lawyer will describe disability that is eligible for benefits as any that keeps you from earning a substantial income. Eligibility doesn’t, however, require you not to work at all. If the salary you earn with your work falls below a certain limit (which is set annually but the SSA), you may still be approved for benefits. You may want to speak with a social security lawyer to learn more.

Q: How long can you expect to wait until you hear a decision about your social security disability claim?

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. If a consultative exam is requested, make sure you do it. If you cannot be present at a particular exam, it is important that you reschedule. Incomplete or lack of current data about your condition will slow the review process and, possibly, eventually cause a denial of benefits. Get in touch with the representative handling your case, if you make any changes to your contact information. And respond to any requests regarding your case. 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 wait 5 months before you apply for social security disability benefits?

A: You can submit an application for social security disability if you have an injury and it is expected to keep you from your employment for a year or more. There is no waiting period for applying. The review process for a claim can be lengthy, so it is best to apply as soon as possible. If you are awarded benefits, you will not be eligible for your first payment until after a 5 month waiting period after the date of onset of your condition.

Q: Can you work while your social security disability claim is pending?

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. If you make more than the SGA amount, you will not be eligible for benefits. The SGA limit for 2008 was $940 per month before taxes.

Q: Can my children obtain SS benefits under my account if they do not live at home with me?

If your children do not live with you, their ability to obtain benefits will depend on the specific relationship you share with them. In order to be eligible for social security benefits, your child must depend on you financially. Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:

• The child is your legitimate, natural child
• The child is your legally 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 a court has not officially made a determination of support for a recognized natural child that does not live with you, you can show that child’s financial dependency upon you by providing:

• Evidence that the child is eligible as your dependent under other programs (state and federal)
• 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
• Other proofs

Q: When applying for social security benefits, how important is it that your doctor support your claim?

A: You need a physician who is supportive of your decision to file for disability. Your physician will have to provide a letter on your behalf that includes details of your condition, your outlook and why your condition prevents you from working. 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. It is vital that you seek out a new physician, if your current one does not believe you should be applying for social security benefits. If your doctor becomes unresponsive after you have already submitted your application, find a new one. It may seem like a difficult task, but it will be time well spent. There is too much at stake to not have a doctor on your side. It is almost impossible to win a social security benefits claim with an unresponsive or unsupportive physician.

Q: If you are applying for social security benefits and you miss a deadline or fail to reply to a mailed notice, should you be concerned?

A: Yes, missing deadlines or ignoring notices can adversely affect your social security disability case. 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. By not appearing for a scheduled hearing, your case could be dismissed. 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. Act and reply in a timely manner whenever you are sent anything from Social Security. It is also important that you know the timelines for filing an appeal and the required documentation to do so.

Q: Does Social Security deny every claim when it is initially reviewed?

A: No, not every application is denied when it is reviewed the first time. A great number of cases, however, will need to be reconsidered or heard before an administrative judge before they are granted benefits. The reasons for this can vary. Many applicants apply incorrectly or incompletely. Instead of appealing and taking their claim to the next step in the process after they are denied, some simply submit a new application. There are claimants who are awarded benefits after the initial review process. There are even more who win benefits after they are heard before an administrative judge. If you have any concerns about providing supporting documentation for your application or meeting deadlines, you may wish to contact a social security attorney.

Financial dependability (and eligibility for social security benefits) of a stepchild, on the other hand, will only determined when that child lives with you and shares with you a parent and child relationship. Generally, your spouse’s legitimate natural child, legally adopted child, or illegitimate natural child will be considered a step child. Check Out. Even after divorcing your step child’s natural parent (that is, your husband or wife) or after his or her death, the child will be considered financially dependent upon you and therefore eligible for benefits as long as he or she resides in your home and shares with you a child parent relationship.

In any of the above child parent relationships, you can give evidence of the status of your relationship with your child. Veterans disability lawyer If you choose, you can also provide proof that you do not live with or contribute financially to the support of your child. If you do this, you child will not be entitled to social security benefits under your account.

Q: When should I expect to actually start receiving benefits payments for SSDI?

A: 5 months after your condition began, you can begin to collect SSDI payments. The way the billing cycles work, though, you will not actually receive your first benefits check until six months after the date of onset of your condition. If you are awaiting back pay benefits, they are usually paid within 2 months of approval. Remember that you will not receive retroactive benefits for the aforementioned five months you must wait to be eligible for benefits. A social security lawyer can be of valuable assistance, if you wish to apply for retroactive benefits or have not yet received your anticipated first benefits check after your 5 month waiting period.

Q: If you are rewarded social security disability benefits, are your children also eligible for benefits?

A: Yes, your dependents might qualify for disability benefits too. If your child is less than 18 years of age and is not married, he can qualify. If your child is a student, he is eligible until he turns 19. Your spouse may qualify if he is over age 61. At any age your husband or wife may be eligible if he or she is providing financial support to your children that are under the age of 17. The amount of benefits your qualified family members receive may be as much as half of the monthly payment amount to which you are entitled. Contact a social security lawyer, if you have any concerns about eligibility or applying for disability benefits for any of your family members.

Q: What happens when Social Security reviews my file after benefits have been awarded?

A: Social Security conducts regular reviews of all disability cases that were awarded benefits. A diary or schedule of when reviews should be conducted is established when you are awarded benefits and is based on the factors of your individual case. Most reviews are usually conducted every one, three, and seven years. Given the current backlog, however, reviews are not necessarily being conducted on that schedule. That means that your file could undergo a review when you do not expect it. The purpose of the reviews are to make sure that Social Security has the most current information about your medical and employment situation. The review will note changes in your condition that may or may not affect your eligibility for benefits. If you are concerned about the results of a recent review of your file, it may be wise to seek the counsel of a social security lawyer. The experience and knowledge of a social security lawyer can be invaluable, if you are worried about losing social security disability benefits due to changes in your condition or employment.

Q: Are there any set time limits within which a decision on a social security disability claim has to be made?

A: An initial decision on a social security disability claim does not have to be made in accordance with a set timeline. That being said, a decision on an application under initial review usually takes 3 or 4 months. And although there are no deadlines for the initial review process, there are strict deadlines for reconsideration and appeals for hearings. If you miss deadlines for social security disability appeals, it can affect your claim. Most often, you will need to file a new application and start at the initial review process again. You are required to submit your appeal for reconsideration or hearing request no later than 60 days after you received notification that your case was not approved. And simply putting it in the mailbox on the 60th day will not cut it. You need to make sure that Social Security has received your paperwork and appeal within that deadline. The administration does grant you an additional 5 days to get the appeal submitted to give you some lee weigh for mailing time. You should not, however, put your case at risk by cutting a deadline too close. The safest plan is to file your request for appeal right after you were notified of denial.

Q: Can you do anything to have your social security disability claim heard before an administrative judge more quickly?

A: It can be tricky to try to speed up the hearing process for your claim. That being said, there some steps you can take to improve your chances. You can submit a dire need letter to the Office of Hearings and Appeals, if you are having trouble with your financial responsibilities (for example, making mortgage payments and paying medical bills.) Supporting documentation demonstrating your dire situation should accompany the letter. Things like copies of late notices and eviction letters will support your plea. The hearing office will then decide if your claim should be accelerated. Another option is to request an on the record review of your case. An on the record review is when your claim is reviewed by the Office of Hearings and Appeals prior to the actual date for your case to be heard before an administrative judge. The medical evidence must be undeniable for a claim to be approved after an on the record review. The last option to try to have your social security disability case expedited is to contact your Senator or Congressman. If you plan on trying to expedite the hearing process for your case, it would be wise to contact a social security attorney.

Q: Are there witnesses for a social security disability hearing?

A: Judges base their decisions on medical records and information. Witnesses are allowed during the hearing, but it is up to the judge for your case to decide if the testimonies of witnesses will be used. A judge may call vocational and medical witnesses to help provide thorough background for your particular case.

Q: Once you reach retirement age, do you get social security benefits from both the social security retirement program and the disability program?

A: You will not be entitled to collect disability and retirement benefits simultaneously. Once you reach full retirement age, you will collect only payments from the retirement program. The social security benefits payment amount will not change, though. The conversion will happen without the need to apply for anything.

Q: Are you in jeopardy of losing your social security benefits, if a review of your case is currently being done?

A: Social Security regularly reviews all disability cases that receive benefits. The reviews are conducted every several years. Since there can be a backlog of cases, the reviews may not happen for a year or two after they are supposed to. For that reason, you come across claimants who are surprised to have their cases under review for the first time after years and years. You should not worry if you have been notified that your file is undergoing a continuing disability review. A review is supposed to be done. It is not an indication that your social security benefits will be discontinued. The reviews are conducted to make sure your claims representative has all the current data about your injury, treatment and ability to work. The majority of social security benefits claims that are reviewed are awarded continuing benefits. There needs to be medical data that demonstrates that the condition has resolved to a point that a person could take on employment, in order for payments to stop. If you do not have recent records of medical treatment, Social Security may request that you receive a medical exam as part of the review. A request for a medical exam should not cause you any worry. It is done to simply make sure your file contains the most up to date information.

Q: Do you still have to pay your social security lawyer if your disability case is denied?

A: Social security lawyers receive payment after a claim receives approval. SSA sets the guidelines for attorney fees. One quarter of the amount you receive in backpay will be paid to your attorney. A social security disability lawyer cannot collect more than $5,300, regardless of how much your backpay benefits are. Your lawyer does not collect any fee if you are not awarded benefits.

Can people that are only partially disabled apply for Social Security Benefits?

Unlike other programs, the Social Security Administration has clearly defined rules governing the granting of Social Security benefits. The SSA rules clearly state that they only grant Social Security benefits for applicants that are totally disabled. Applicants that are only partially disabled or are only disabled for a short period of time cannot avail of Social Security benefits.

My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?

Even if you are suffering from a condition that doctors have deemed untreatable, you should still keep seeing a doctor in order to avail of medications that may help alleviate any symptoms or pain that you are experiencing. This is all the more important if you are still currently receiving Social Security benefits, since the SSA will check on your status from time to time and decide if you are still considered disabled. If you have not been seeing a doctor on an ongoing basis Social Security could use this against to you to state that you must not be disabled anymore.

I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for SS benefits?

The Social Security Administration grants Social Security benefits based on a few considerations. Foremost of these is the extent of your disability as defined by the Social Security Administration. The SSA considers you disabled if you are not able to perform the work that you did before, and that you cannot take up another line of work due to your condition. You are also classified as disabled if your illness or condition is anticipated to last for a year or if you are expected to die from your condition.

The Social Security program assumes applicants that have family members that are currently working and will have access to other means that will support them during times of short term disability. These resources may include compensation from your place of employment, insurance programs, and personal savings.

In order to determine the eligibility of a person to apply for Social Security benefits, the Social Security Administration provides a list of medical conditions that are acceptable for the benefits. If you are currently suffering from a condition that is not included in the list, the Social Security Administration will determine your eligibility based on the severity of your medical condition.

If you are not able to work in the same capacity as you did in the past, and you are not able to perform alternate work, you will be considered eligible for Social Security benefits.

Because Social Security regulations are so complex, determining which social security benefits you qualify to receive can be a challenge. To smooth the process, here are answers to some of disability applicants’ most common questions.

There are no partial disability social security benefits, since SSA is designed only for people who are completely disabled and who have been (or are expected to be) disabled for at least a year. If you need partial disability, you will have to apply through a state or local disability program. Being denied disability benefits from SSA will not automatically disqualify you from receiving benefits through state and local programs.

However, if you are disabled but able to work for short periods or at a low level, you may be able to continue working while receiving social security benefits. When you apply for disability, the state agency in charge of your case will assess your total earning capacity. If your annual earnings fall under a certain amount, you will still be considered eligible for disability. Note that the agency will consider how much you CAN earn, not how much you DO earn: If you could earn above the minimum by changing to a different job that you are trained to do and physically capable of doing, then you will be considered ineligible for social security benefits. You will not be pressured to do work you are not able to perform. The state agency will consider your experience, education, medical condition, and even age when evaluating your ability to change jobs. If you need help moving to a better job that would enable you to support yourself, assistance is available.

Many applicants are told by their doctors that there is no further treatment for their condition, but their social security agents ask them to continue visiting doctors. If you are in this position, there is an explanation! First, the state agency in charge of your social security benefits may need more information to evaluate your case, and your regular doctors may not have the equipment or experience necessary to provide it. The agency may arrange for you to see another doctor. The examination is part of your case evaluation, not a part of your treatment plan.

Second, even untreatable conditions change, and not all disabilities are permanent. It is a good idea to have regular examinations to track the progress of your condition. Even without treatment, your condition may improve enough to allow you to return to work.

And third, medical science comes up with treatments for “untreatable” conditions every year. Why let resignation steal a possible cure from you? Occasional doctors’ visits are a minor nuisance compared to the vast improvements you could someday see.