Orlando social security attorney

Q: If I cannot work, how am I supposed to support myself while applying for social security disability?

A: It can take quite some time for an application for social security disability to go through the review process. Supporting yourself while you wait can be quite stressful. Given the duration some claims take, it is vital to examine and adjust your budget when possible. Try to eliminate all spending that is not mandatory. Even if you can pay for those things now, you need to have a financial cushion should your claim take a year or two. Put any money you save by cutting discretionary spending aside to help you through the time it may take to reach a decision about your social security disability claim. Some claimants restructure their financial obligations to help them through. Some utility companies, for example, offer low income energy assistance programs. Restructuring a mortgage to allow you to access equity or simply lower your monthly payments can be considered. Additionally, many individuals find that they can rely on friends and family for short term loans or other support. Look into aid programs to help with doctor bills and medication. It is important that you do not stop your medical care. Some churches and non profits have programs to help with prescription costs. Research any health benefits with the state for which you might qualify. You can also go to a free clinic program for certain things. Talk to your doctor about restructuring payment plans. Knowing that you are applying for disability, billing departments are more willing to work with you. You may also consider applying for local, state and federal public benefit programs. Some states offer assistance loans that you must pay back once you receive a decision on your social security disability claim. Section 8 housing aid or food stamp programs may be helpful if your wait is long. If your finances are in trouble because of your wait, it may be wise to seek counsel with a lawyer specializing in social security. You may be eligible for dire need assistance with social security. Dire need status can grant you financial assistance and help your case be processed more quickly.

Q: Is it possible to apply for social security disability benefits at an actual Social Security office?

A: You can apply for social security disability insurance online, over the phone or in person. It is often recommended that doing it in person is the best method. A face to face appointment with the disability manager who will handle your case gives opportunities for real contact that applying online or via telephone will not. The meeting will be your first opportunity to provide background on your claim and medical condition, and the disability case manager will get to see how your condition currently affects your ability to function. An in person appointment gives your claim the foundation for the application review process. Call the toll free number (800) 772.1213 for Social Security and ask for an appointment to submit your application for social security disability. Social Security will send you written notification of the appointment time and date.

Q: When should you expect notification of a decision on a social security disability case?

A: Decisions on some cases are reached within a few months, while others are not reached for years. The average time for a complete application to go through the initial review stage is 3 months.

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.

Social security benefits in the United States include the monetary compensation payable to individuals under the social security system, and are administered by the Social Security Administration. There are several categories of social security benefits, depending on the need that it seeks to address. Benefits may be payable to persons who have attained the stated pension age, or may be sick pay benefits to employees who are unable to work owing to chronic illnesses. Some segments of society can receive social security benefits through some specific clauses addressing that segment. Workers unable to continue their present jobs on once they have worked for a stipulated duration can still receive disability benefits. To address the differing requirements of different sections of the society, the Social security administration pays the social security benefits through two different programs; the Social security disability insurance program and the Supplemental Security Income (SSI) program.

The main criteria for availing social security benefits is that the person claiming the benefit is unable to work or has to stop working due to a medical condition that may last up to an year or result in death. However, the persons earning above a certain quantum of salary will not be considered for social security benefits. The administration’s Update (Publication No. 05 10003) stipulates the cut off amount for the present year and this amount changes from year to year depending upon the economic conditions. However, the Social Security Act does not recognize the validity of partial disability, and individuals claiming such conditions are not eligible for benefits. In case a person is unable to perform a previously held job, the administration looks for an equitable alternative for the person. It evaluates the person’s medical condition, age, education, past work experience and any skills that may fit another role. Should such efforts prove fruitless, and the agency is unable to provide the person with an alternative to earn his livelihood, the status of the employee as disabled would still be considered by the agency. State rules are more lenient for persons over the age of 50 and some benefits may accrue if the person applies for such relaxations. The chances of getting social security benefits are also better with persons employed only part time with meagre wages and insufficient savings.

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.