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.