Orlando social security attorney

Q: When will I receive my first check?

A: If your application for Social Security disability is approved, the state Social Security board will determine a “date of onset,” or a date when you were no longer able to work because of your disability. You are eligible to receive benefits five months after your date of onset. You will actually not be paid until your sixth month, since all payments are distributed at the end of the month. No benefits will be paid for those first five months. It is possible to be paid retroactively, if it is proven that your condition was present prior to your application for disability benefits. Back payments can be made retroactively for up to 12 months. If you believe you are eligible for back payments, you may wish to seek counsel from a social security lawyer to help you apply for retroactive benefits. Given that the application and review process for claims can be quite lengthy, a good number of claimants are awarded benefits retroactively.

Q: Will my children receive benefits?

A: Payments to dependents are determined by the amount of your Social Security contributions. In some cases, children are eligible for up to 50 percent of the amount of benefits you receive. There is a cap on the amount for which dependents are eligible. And again, how much your dependents are eligible to receive is based on your Social Security earnings history. To be eligible, a child cannot be married. He must also be under the age of 18, or the age of 20 if he is a student. Your dependents will not qualify as part of your benefits, if you collect Supplemental Security Income payments. A social security lawyer can be a good advocate, if you are confused about family benefit limits or dependent eligibility.

Q: What happens when Social Security reviews my file?

The administration does evaluate your records from time to time. Until you are able to return to work or reach the age of retirement, your file will be subject to Continuing Disability Reviews (CDRs.) The CDR is undergone to update your file with the latest medical records and to determine if your condition has improved significantly. CDRs are described as being done a year after approval, then three years and seven years after. That means a review of your case could happen when you do not expect it. You will maintain your benefits, until your injury has changed or you are able to work enough to bring in at least $940 monthly income. If you receive Supplemental Security Income (SSI) benefits, you would stop receiving payments once your income level exceeds the limit for eligibility. If you are confused about returning to work in some capacity and how that may affect your benefits, it would be wise to contact a social security lawyer.

Q: Does everyone who files a social security disability claim have to do another medical examination?

A: During the review process, some social security disability claims will be required to have a consultative exam before a decision on the case can be rendered. There are usually two reasons for an exam. If there is not enough information provided by medical files to allow the disability case manager to make a decision on an application, then an exam will be needed. If the medical records of a claimant are not current, then a recent examination will be needed to provide an updated record of the injury or condition. If a CE is required for your claim, try not to worry. Your attendance is mandatory and your application cannot be approved or denied without the exam, once it has been requested. If you intentionally miss the consultative exam and do not try to reschedule, your social security disability claim could be denied due to your failure to cooperate. You will not have to cover the cost of the CE.

Q: Will my doctor conduct a requested consultative examination?

A: The disability manager for your case will typically not request that your physician conduct the CE. A doctor who has not previously treated you will most likely provide the scheduled exam. If you have any concerns regarding the particular physician scheduled to provide your exam, you can contact your social security disability examiner. If that doctor provided an exam for a previous case of yours that was not approved, for instance, you can request a different physician. The physicians who provide CEs for social security disability claims are not Social Security doctors. The physicians who conduct the exams are independent physicians that have a contract to provide such services to the agency.

Q: Who receives back pay for social security disability?

A: A fair number of applicants approved for social security disability benefits receive back payments. The approval process for cases can take months or years, which means that most claimants are awarded retroactive payments for benefits. It is possible to receive back pay from the date of application and, if the condition was present prior to application, from up to 12 months before. The 5 month waiting period after the date of onset will not be included in back pay.

Q: What happens at the first interview after you apply for disability through social security?

A: Your disability application interview will be set up shortly after you submit your application for social security disability. This interview is the starting point for your case manager to gather pertinent information regarding your injury or condition and your work status. If you have a social security attorney, he or she will help you prepare for that interview. If you do not have a social security attorney, then you will want to make sure you are prepared. Bring a picture ID. You will have to answer some questions regarding your identity, if you do not currently possess a picture identification card. Make sure you have a certified proof of birth document. If you are married, bring your marriage certificate. Similarly, bring documentation that provides proof of any additional dependents. Provide a DD Form 214, if you were part of the armed services. Years of service can often positively affect your benefit payments. Once all the identifying data has been collected, the interviewer will ask you about your work and injury. Be prepared with supporting documentation about your medical condition. Have a list of your doctors. Lastly, come prepared with background on the past 15 years of your work history. Hours worked and salary should be included. Assure you consult with your social security attorney, if applicable, before you go to that first meeting with Social Security. If you do not plan to hire a social security attorney, then just make sure you have all the supporting documentation necessary to complete that initial interview. You can increase the likelihood that your case will be processed in a timely manner, if you make sure you have provided all the necessary information.

Q: What is the next step, if you are not approved for disability benefits through social security?

A: The next step after a claim for social security disability benefits is not approved is to make a request for reconsideration. You will need to file to have your claim reconsidered within 2 months of when your initial claim was denied. By failing to meet that deadline, you will probably have to file a brand new claim and start all over. You do not necessarily need a social security attorney, but having such an advocate can be helpful during reconsideration. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. The services of a social security attorney can be extremely beneficial during preparation for and the actual hearing. A request for hearing cannot be made until a case is denied after reconsideration.

Q: What is the major pitfall when filing an appeal for a disability claim?

A: The biggest mistake is to wait too long to file an appeal. All forms to have a case reconsidered must be received no later than 2 months after the initial claim was denied. The expertise and experience offered by a social security attorney can be invaluable, if you are confused about appealing your claim.

Are you eligible for social security benefits? If so, which ones? The eligibility requirements are complex, and determining whether you qualify can be intensely frustrating. To work out which disability benefits you may be able to receive, and to find out whether you will be able to earn an income while receiving disability, read on.

Can I get partial disability through SSA?

No, you cannot qualify for disability benefits through Social Security if your disability is partial or short term. Only people whose disability is considered complete and is expected to last more than one year are eligible for social security benefits. (Note that as long as your highest possible income is below an SSA determined level, you may work while collecting disability benefits.)

I cannot work as long as before or at the same skill level, so although I still have a job, my income has dropped. Is it still possible for me to file for social security benefits?

Yes, if your income is lower than a certain SSA determined level, you are eligible to file for disability benefits. The amount changes annually, so check the official Social Security web site or booklets to find out what the current limit is.

However, your current income is not the only number the state agency will consider when evaluating your case. If you are capable of earning a higher income by changing to another job, you will not be approved for disability benefits. The state agency will consider your training, experience, age, and medical condition when deciding whether you are able to do other work, so you will not be pushed into doing work for which you are untrained or which strains your physical capacity.

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

When you first file for social security benefits, the state agency that manages your case will need a complete evaluation of your health, a process that may require repeated doctors’ visits. Your regular doctors may not be able to perform necessary tests or have equipment that is necessary to evaluate you, so you may need to visit another doctor to complete the evaluation. The state agency may help you to find the specialist you need.

After you have been ruled eligible for disability benefits, regular examinations will be necessary to track the state of your health. Because not all disabling medical conditions are permanent, your health may improve enough for you to work even without active medical care.