Orlando social security attorney

Q: If a person is currently unable to work due to injury, can he receive social security benefits?

A: To receive social security benefits due to an injury, you must meet some requirements. You must have been working and insured at the time of your injury. You must have been employed for five out of the previous ten years as a mimimum. It is required that your job was covered by Social Security. You must be younger than the retirement age in order to receive social security benefits via the disability program. Last, but not least, your injury needs to be such that you will not be able to join the workforce again for a minimum of 12 months. The Social Security Administration does not extend benefits to individuals with partial or short term disabilities.

Q: When will social security benefits stop?

A: Until the injury has improved enough to allow a person to reenter the workforce, he will receive social security benefits. The payments would end the second month after the injury is no longer present. Social security benefits would also end if a person reaches retirement age and is eligible for retirement benefits. Disability benefits would be converted to retirement benefits. Social Security will conduct reviews of your file periodically to determine if your medical condition has changed. You do not, however, need to reapply for disability benefits, if the status of your injury and employment has not changed.

Q: When will social security benefits begin, after an individual has received approval for disability?

A: According to law, an individual cannot receive social security benefits until he has been injured and unable to work for at least five months. Payments will usually begin the sixth month. If you are still awaiting initial approval, it is difficult to predict when you will receive notice of a decision. How long it takes to receive requested medical records is what dictates the length of processing time in most cases. The disability examiner cannot make a decision about your case until he has reviewed your medical records. Most applications are reviewed and the claimant notified of a decision within four months.

Q: Why do I have to see a social security medical examiner after I apply for disability?

A: It is common for Social Security to request that applicants for disability undergo another medical exam. The exam is called a consultative exam, or CE. The representative assigned to your file asks for the consultative examination. If you are currently undergoing a hearing on your case, the judge may also request it. The consultative exam most often serves one of two purposes. If your medical records are not very current, an exam will be helpful. If the details on your medical records are old, the disability examiner assigned to your file will not be able to make a sound decision. The second reason would be because your medical files are not complete. Perhaps you do not have recent x rays or a required test for your particular condition. A call for a consultative examination is not an indication that your case will not be approved. It is an indication, however, that more details on your medical condition are required in order to rule on your application. If one is requested, you will have to participate in the CE. If you have any questions or concerns about your particular CE, you many wish to contact a social security lawyer.

Q: Should I have a social security lawyer review my case before I appeal?

A: A social security lawyer on your side will definitely make the appeal process less stressful for you. Many applications for social security disability benefits are denied. Just because a case is denied, does not mean it cannot win in appeal. Some applications are not approved because of incomplete data or missteps in the application process. A social security lawyer knows the hearing process well, will make sure your file has all the required information and that it is fairly reconsidered. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.

Q: After I apply for disability, do I need to check the status of my application?

A: Yes, you should follow up on the status of your application. If you have a social security lawyer, he will do it for you, but you should also check in with your lawyer. In some cases, paperwork can be misplaced. In other cases, notice of approval or denial of an application may never reach the applicant. There are many stages your application must go through to be reviewed. Without knowing it, your file may not be able to go to a next step because you were not aware of information that was needed. It is always wise to check the status of your file from time to time. To check on the status, it is best to contact the disability examiner assigned to your case. On average, a decision on a case will be rendered within a few months. If it has been longer than that for you, contact your disability examiner.