Orlando social security attorney

Q: Do you have to have a social security attorney to file for disability?

A: You do not need to be represented by a lawyer to file for social security disability benefits. A fair number of claimants apply on their own and make it through the initial review process without trouble. You may wish to have a social security attorney, however, if you are concerned about getting paperwork in on time or do not understand the process or requirements for making a claim. A fair number of claims are not approved after they go through the first review. By making sure you submit all the required information and forms within deadlines and correctly, your case has the best chance of being reviewed fairly. Again, many applicants that do not have a lawyer submit everything on time and without difficulty for the initial review process. Of those claimants who are denied after the first review, many choose to hire a social security attorney for reconsideration and further steps. If your case is denied after reconsideration and you plan to appeal to have it heard before an administrative judge, legal representation would be very beneficial. The majority of claimants who have appealed to have their claim heard before a judge have a lawyer on their side. A hearing is your last chance to have your case considered. A social security attorney has the experience and knowledge to assure that your claim will be fairly and appropriately adjudicated during the hearing process. The majority of claimants who are awarded disability benefits during a hearing process have been represented by a lawyer.

Q: If you are denied disability benefits after the initial review, should you apply again?

A: Assuming you submitted your application correctly, it is not advisable to start back at step one again. Most initial claims for disability benefits are not approved. Having your claim reconsidered is the appropriate and most beneficial next step. You must apply for reconsideration within 2 months of notification of denial. If you miss that deadline, you will then have to apply again and go through the initial review process. If your initial claim was denied once, it is likely it will be denied again. You will then be back where you started and have to file for reconsideration within the 60 days. If you are denied after your case was reconsidered, you will have to move on to the hearing process. Applying for initial review a second time would have wasted your precious time. It may be helpful to consult with a social security attorney, if you have missed appeals deadlines or are confused about the process.

Q: Can you submit an application for social security disability online?

A: Submitting your application for disability insurance can be done via the web. Visit the following Social Security link and follow the steps to submit your application with social security: www.socialsecurity.gov/applyfordisability.

How Much Service Is Required? - To be eligible for non-service-connected pensions, you must have 90 days of active duty and at least one day in a “period of war.” However, for a veteran who entered military service after 1980, the service requirement is simply to have completed a full period of active duty. Specifically, a veteran who was enrolled for the fist time after (or on) Sept. 8, 1980 will need to have completed a minimum service period, which should amount to either twenty-four continuous months of active duty or the entire period that individual was called for to active duty. In addition, the active service of the eligible veteran needs to include 90 total days during a period of war or one day of service during a period of war which ended in discharge due to a service-connected disability.

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Q: Are there any restrictions about attending classes after I have applied for social security disability benefits?

A: You can attend classes while your social security disability insurance claim is being processed. It is best not to broadcast your academic endeavors, though, if your application was submitted due to a mental claim. Although common sense tells us that there is a big difference between the workforce environment and that of being a student, the disability examiner for your case might not see it that way. A disability examiner may assume that if your injury does not prevent you from attending classes, then you can surely be part of the workforce. That is why it is often recommended that you be careful when mentioning your student status if your social security disability claim is pending.

Q: If you are awarded social security disability benefits, when are you eligible for Medicare?

A: You are eligible for Medicare two years after the date social security determined you are entitled for social security disability benefits. That entitlement date is the date of onset of your condition (determined by social security when your claim was approved) with the 5 month waiting period added on. You begin receiving social security disability benefits roughly on your entitlement date. Add two years to that time and that is when you are eligible for Medicare. If you were awarded social security disability insurance benefits, you will receive Medicare. You will be eligible for Medicaid if you were awarded Supplemental Security Income (SSI) benefits. For individuals who collect SSDI and SSI benefits concurrently, they should get in touch with their local social security office to know which medical benefits they will receive.

Q: How are social security disability benefits calculated?

A: Your payments are determined by how old you are, your earnings, your years of employment and the amount of social security contributions you have made through payroll taxes. The current maximum an individual can receive each month in social security disability benefits is just over $2100. A family can receive as much as $3800 in monthly payments.