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: Are there any set time limits within which a decision on a social security disability claim has to be made?

A: An initial decision on a social security disability claim does not have to be made in accordance with a set timeline. That being said, a decision on an application under initial review usually takes 3 or 4 months. And although there are no deadlines for the initial review process, there are strict deadlines for reconsideration and appeals for hearings. If you miss deadlines for social security disability appeals, it can affect your claim. Most often, you will need to file a new application and start at the initial review process again. You are required to submit your appeal for reconsideration or hearing request no later than 60 days after you received notification that your case was not approved. And simply putting it in the mailbox on the 60th day will not cut it. You need to make sure that Social Security has received your paperwork and appeal within that deadline. The administration does grant you an additional 5 days to get the appeal submitted to give you some lee weigh for mailing time. You should not, however, put your case at risk by cutting a deadline too close. The safest plan is to file your request for appeal right after you were notified of denial.

Q: Can you do anything to have your social security disability claim heard before an administrative judge more quickly?

A: It can be tricky to try to speed up the hearing process for your claim. That being said, there some steps you can take to improve your chances. You can submit a dire need letter to the Office of Hearings and Appeals, if you are having trouble with your financial responsibilities (for example, making mortgage payments and paying medical bills.) Supporting documentation demonstrating your dire situation should accompany the letter. Things like copies of late notices and eviction letters will support your plea. The hearing office will then decide if your claim should be accelerated. Another option is to request an on the record review of your case. An on the record review is when your claim is reviewed by the Office of Hearings and Appeals prior to the actual date for your case to be heard before an administrative judge. The medical evidence must be undeniable for a claim to be approved after an on the record review. The last option to try to have your social security disability case expedited is to contact your Senator or Congressman. If you plan on trying to expedite the hearing process for your case, it would be wise to contact a social security attorney.

Q: Are there witnesses for a social security disability hearing?

A: Judges base their decisions on medical records and information. Witnesses are allowed during the hearing, but it is up to the judge for your case to decide if the testimonies of witnesses will be used. A judge may call vocational and medical witnesses to help provide thorough background for your particular case.

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.

Can people that are only partially disabled apply for Social Security Benefits?

Unlike other programs, the Social Security Administration has clearly defined rules governing the granting of Social Security benefits. The SSA rules clearly state that they only grant Social Security benefits for applicants that are totally disabled. Applicants that are only partially disabled or are only disabled for a short period of time cannot avail of Social Security benefits.

My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?

Even if you are suffering from a condition that doctors have deemed untreatable, you should still keep seeing a doctor in order to avail of medications that may help alleviate any symptoms or pain that you are experiencing. This is all the more important if you are still currently receiving Social Security benefits, since the SSA will check on your status from time to time and decide if you are still considered disabled. If you have not been seeing a doctor on an ongoing basis Social Security could use this against to you to state that you must not be disabled anymore.

I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for SS benefits?

The Social Security Administration grants Social Security benefits based on a few considerations. Foremost of these is the extent of your disability as defined by the Social Security Administration. The SSA considers you disabled if you are not able to perform the work that you did before, and that you cannot take up another line of work due to your condition. You are also classified as disabled if your illness or condition is anticipated to last for a year or if you are expected to die from your condition.

The Social Security program assumes applicants that have family members that are currently working and will have access to other means that will support them during times of short term disability. These resources may include compensation from your place of employment, insurance programs, and personal savings.

In order to determine the eligibility of a person to apply for Social Security benefits, the Social Security Administration provides a list of medical conditions that are acceptable for the benefits. If you are currently suffering from a condition that is not included in the list, the Social Security Administration will determine your eligibility based on the severity of your medical condition.

If you are not able to work in the same capacity as you did in the past, and you are not able to perform alternate work, you will be considered eligible for Social Security benefits.

Because Social Security regulations are so complex, determining which social security benefits you qualify to receive can be a challenge. To smooth the process, here are answers to some of disability applicants’ most common questions.

There are no partial disability social security benefits, since SSA is designed only for people who are completely disabled and who have been (or are expected to be) disabled for at least a year. If you need partial disability, you will have to apply through a state or local disability program. Being denied disability benefits from SSA will not automatically disqualify you from receiving benefits through state and local programs.

However, if you are disabled but able to work for short periods or at a low level, you may be able to continue working while receiving social security benefits. When you apply for disability, the state agency in charge of your case will assess your total earning capacity. If your annual earnings fall under a certain amount, you will still be considered eligible for disability. Note that the agency will consider how much you CAN earn, not how much you DO earn: If you could earn above the minimum by changing to a different job that you are trained to do and physically capable of doing, then you will be considered ineligible for social security benefits. You will not be pressured to do work you are not able to perform. The state agency will consider your experience, education, medical condition, and even age when evaluating your ability to change jobs. If you need help moving to a better job that would enable you to support yourself, assistance is available.

Many applicants are told by their doctors that there is no further treatment for their condition, but their social security agents ask them to continue visiting doctors. If you are in this position, there is an explanation! First, the state agency in charge of your social security benefits may need more information to evaluate your case, and your regular doctors may not have the equipment or experience necessary to provide it. The agency may arrange for you to see another doctor. The examination is part of your case evaluation, not a part of your treatment plan.

Second, even untreatable conditions change, and not all disabilities are permanent. It is a good idea to have regular examinations to track the progress of your condition. Even without treatment, your condition may improve enough to allow you to return to work.

And third, medical science comes up with treatments for “untreatable” conditions every year. Why let resignation steal a possible cure from you? Occasional doctors’ visits are a minor nuisance compared to the vast improvements you could someday see.

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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While many people opt to handle the process of applying for Social Security benefits by themselves, there are many instances wherein hiring a Social Security lawyer can make things a lot easier. There is a large number of disability claims that are denied because of mistakes made at the beginning of the application process. The good news is that these decisions can often be reversed in favor of the applicant, once he or she hires an experienced Social Security lawyer to assist in the appeal process.

How long will it take before Medicare coverage takes effect?

If you currently receive Social Security disability benefits, you will automatically be qualified for Medicare benefits. Information about your Medicare benefits and your Medicare card will be sent to you shortly before you reach the age of 65 or before your 24th month of disability. In some cases, you may not be enrolled automatically in the Medicare program, particularly if you are not currently receiving any Social Security benefits. In this situation, you will have to set up an appointment with the office of the Social Security Administration. Upon receiving your application, the Social Security office will decide whether or not you are eligible for the program.

What does it mean if you are short one credit for disability insurance?

The Social Security Disability Insurance program requires applicants to have a certain number of credits that they have earned during a certain period, as well as a certain amount in earnings ten years before being disabled. Credits are earned every quarter of the calendar year. The Social Security Administration requires applicants to earn a specific amount in the course of a quarter. In order to qualify for Social Security Disability Insurance benefits, you should have accumulated credits for 20 quarters or more…which is equivalent to five years…during the last 40 quarters or ten years before you became disabled.

Working while you have a Social Security claim pending

Many people seem to think that they are not allowed to file for Social Security disability benefits while they are currently working. The fact is that you CAN actually apply for benefits, make an appeal, and even receive social benefits while you are currently working. Keep in mind however that your monthly income cannot be higher than your SGA or substantial gainful activity amount, which is $900.00. This is because the Social Security Administration does not considers applicants that are able to earn this amount disabled.

People don’t really know about social security benefits. It seems like it is hard to find straight information on this topic. You certainly won’t get straight information from politicians on social security. They seem to be scared of taking on the issue and having an honest discussion Info

The basic deal is that the government, way back when, decided that they needed to have benefits for people that were publicly funded. So the social security administration was built and funded. If you really think about it for a long time, it’s a great idea. Take care of those people in our society that need help. If they don’t have money, for whatever reason, our country will provide social security

So they created this new thing and funded it and made a way to keep track of everything. Of course, everything is great at the beginning of any program. It’s only when the program has become old, the funding didn’t work out as you hoped, that things get difficult. At this point, social security is not in good shape. Nobody is sure how this story will end.

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