Orlando social security attorney

Q: How long can you expect to wait until you hear a decision about your social security disability claim?

A: Unlike some other government programs, social security disability benefit claims do not have to be processed in within a certain amount of time. Some cases take years to receive a decision. Others, make it through the process very quickly. The norm for a social security disability case being reviewed for the first time is about ninety days. There are many factors that can influence the length of time it takes for your application to be reviewed.Although you cannot control how long it takes for your social security disability claim to be processed, you can assure that certain factors will not delay it. The number one reason cases are held up is due to a wait for medical records. It is important, therefore, to assure that your complete medical records have been sent to the disability examiner handling your case. If a consultative exam is requested, make sure you do it. If you cannot be present at a particular exam, it is important that you reschedule. Incomplete or lack of current data about your condition will slow the review process and, possibly, eventually cause a denial of benefits. Get in touch with the representative handling your case, if you make any changes to your contact information. And respond to any requests regarding your case. The representative handling your social security disability application wants to reach a decision too, so be polite and helpful. Finally, be your own advocate and know where your case is in the review process by periodically contacting your claims representative about the status.

Q: Do you have to wait 5 months before you apply for social security disability benefits?

A: You can submit an application for social security disability if you have an injury and it is expected to keep you from your employment for a year or more. There is no waiting period for applying. The review process for a claim can be lengthy, so it is best to apply as soon as possible. If you are awarded benefits, you will not be eligible for your first payment until after a 5 month waiting period after the date of onset of your condition.

Q: Can you work while your social security disability claim is pending?

A: You are allowed to be employed and receive social security disability benefits. The amount you earn, not the fact that you are working, is what will affect your entitlement to benefits. If you make more than the SGA amount, you will not be eligible for benefits. The SGA limit for 2008 was $940 per month before taxes.

Q: Can my children obtain SS benefits under my account if they do not live at home with me?

If your children do not live with you, their ability to obtain benefits will depend on the specific relationship you share with them. In order to be eligible for social security benefits, your child must depend on you financially. Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:

• The child is your legitimate, natural child
• The child is your legally adopted child
• He or she is your natural but illegitimate child for whom a judge has issued a determination of support, or for whom you make regular financial contributions.

If a court has not officially made a determination of support for a recognized natural child that does not live with you, you can show that child’s financial dependency upon you by providing:

• Evidence that the child is eligible as your dependent under other programs (state and federal)
• Previous tax returns in which you claimed the child as a dependent
• Bank records, cancelled checks, etc., showing that you made regular payments on behalf of or in support of your child
• Other proofs

Q: When applying for social security benefits, how important is it that your doctor support your claim?

A: You need a physician who is supportive of your decision to file for disability. Your physician will have to provide a letter on your behalf that includes details of your condition, your outlook and why your condition prevents you from working. The disability examiner will be influenced heavily by the supporting materials from your doctor. A cooperative doctor will also be more likely to assist in obtaining medical records on time. It is vital that you seek out a new physician, if your current one does not believe you should be applying for social security benefits. If your doctor becomes unresponsive after you have already submitted your application, find a new one. It may seem like a difficult task, but it will be time well spent. There is too much at stake to not have a doctor on your side. It is almost impossible to win a social security benefits claim with an unresponsive or unsupportive physician.

Q: If you are applying for social security benefits and you miss a deadline or fail to reply to a mailed notice, should you be concerned?

A: Yes, missing deadlines or ignoring notices can adversely affect your social security disability case. You should always respond promptly to anything you receive regarding your social security benefits claim. You will receive a letter in the mail when your court date is scheduled for a hearing, for instance. By not appearing for a scheduled hearing, your case could be dismissed. Another example would be not opening a request for a medical examination. Just like not appearing for a hearing, ignoring a consultative exam letter will only stall the review of your social security benefits claim and may even mean you lose your case. Act and reply in a timely manner whenever you are sent anything from Social Security. It is also important that you know the timelines for filing an appeal and the required documentation to do so.

Q: Does Social Security deny every claim when it is initially reviewed?

A: No, not every application is denied when it is reviewed the first time. A great number of cases, however, will need to be reconsidered or heard before an administrative judge before they are granted benefits. The reasons for this can vary. Many applicants apply incorrectly or incompletely. Instead of appealing and taking their claim to the next step in the process after they are denied, some simply submit a new application. There are claimants who are awarded benefits after the initial review process. There are even more who win benefits after they are heard before an administrative judge. If you have any concerns about providing supporting documentation for your application or meeting deadlines, you may wish to contact a social security attorney.