Do I Need a Social Security Lawyer?

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.

11 Responses

  1. Social security disability Says:

    Great blog. Keep it coming.

  2. Social security attorney Says:

    Social Security Disability benefits are awarded based on how long you were in the workforce and how much you paid into the Social Security system. It is a benefit that is earned. Your assets, therefore, should not affect your benefits. If, however, you are applying for the Supplemental Security Income (SSI) program, your assets will affect those benefits. SSI benefits are awarded based on need, so any income and assets you have must be considered.

  3. Social security lawyer Says:

    Awesome blog.

  4. Social security attorney Says:

    Thanks. This blog was great.

  5. Social security attorney Says:

    The fourth thing you can do to help your case is to always cooperate with the case manager and other representatives handling your claim. The fifth thing is to be aware of where in the process your claim is. You can do this by contacting your disability examiner directly or through your social security lawyer (if you have one). Likewise, it is smart to be in contact with your social security lawyer just to assure your case is moving forward and you have submitted all the required paperwork and forms.

    Q: Do you need a social security lawyer to win a disability claim?

    A: You do not need to have representation from a social security lawyer to submit an application for disability.

  6. Social security benefits Says:

    Make sure that all representatives handling your case have your address and phone number during all reviewing processes. An advocate like a social security lawyer will make sure that you do not miss notifications, issues with your claim or a hearing date. A notice of hearing date is sent to your lawyer and you. If you knew about your scheduled hearing and missed it on purpose, your claim is in jeopardy of being dismissed. You will then have to reapply for disability, if that occurs.

  7. Social security benefits Says:

    Great post. I needed this info last month.

  8. Social security benefits Says:

    The amount changes annually, so check the official Social Security web site or booklets to find out what the current limit is.

    However, be aware that your earnings in your current job are not the only earnings the state agency will take into account. 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 take into account your medical condition, education, skills, work experience, and age when determining whether you could move to another job, so you will not be required to do work that you are not well enough to do or that you have not been trained to do.

    According to my doctors, there are no effective treatments for my condition, so why do I have to continue to make office visits?

    In the beginning, the state agency that handles your social security benefits will request that you go to doctors several times in order to get a complete evaluation of your medical condition.

  9. Social security benefits Says:

    More great info. Blog is awesome.

  10. Social security benefits Says:

    Thank You.

  11. Social security benefits Says:

    Blog was great.

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