Orlando social security attorney

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.

Q: When should I expect to actually start receiving benefits payments for SSDI?

A: 5 months after your condition began, you can begin to collect SSDI payments. The way the billing cycles work, though, you will not actually receive your first benefits check until six months after the date of onset of your condition. If you are awaiting back pay benefits, they are usually paid within 2 months of approval. Remember that you will not receive retroactive benefits for the aforementioned five months you must wait to be eligible for benefits. A social security lawyer can be of valuable assistance, if you wish to apply for retroactive benefits or have not yet received your anticipated first benefits check after your 5 month waiting period.

Q: If you are rewarded social security disability benefits, are your children also eligible for benefits?

A: Yes, your dependents might qualify for disability benefits too. If your child is less than 18 years of age and is not married, he can qualify. If your child is a student, he is eligible until he turns 19. Your spouse may qualify if he is over age 61. At any age your husband or wife may be eligible if he or she is providing financial support to your children that are under the age of 17. The amount of benefits your qualified family members receive may be as much as half of the monthly payment amount to which you are entitled. Contact a social security lawyer, if you have any concerns about eligibility or applying for disability benefits for any of your family members.

Q: What happens when Social Security reviews my file after benefits have been awarded?

A: Social Security conducts regular reviews of all disability cases that were awarded benefits. A diary or schedule of when reviews should be conducted is established when you are awarded benefits and is based on the factors of your individual case. Most reviews are usually conducted every one, three, and seven years. Given the current backlog, however, reviews are not necessarily being conducted on that schedule. That means that your file could undergo a review when you do not expect it. The purpose of the reviews are to make sure that Social Security has the most current information about your medical and employment situation. The review will note changes in your condition that may or may not affect your eligibility for benefits. If you are concerned about the results of a recent review of your file, it may be wise to seek the counsel of a social security lawyer. The experience and knowledge of a social security lawyer can be invaluable, if you are worried about losing social security disability benefits due to changes in your condition or employment.

Q: Do you have to have a social security attorney if you want to take the next step after your initial claim for disability insurance was not approved?

A: It is not required that you have an advocate like a social security attorney if you plan to move to the next phase with your claim. A fair number of people who wish to appeal their cases, however, obtain the services of an attorney at this point. The next step is to file a reconsideration. The majority of claimants are denied again after reconsideration. The next step would then be to file an appeal to have your claim heard before an administrative judge. A hearing is your last opportunity to present your case. Having a social security attorney on your side after your application is initially not approved can help you give your case the best chance possible. To have your case heard before an administrative judge, it is not mandatory to be represented by a lawyer. The majority of cases that are awarded benefits after this stage, however, are represented by a legal advocate.

Q: If you would like to hire a social security attorney, what things do you need to know?

A: If you know someone who was happy with an attorney they hired for a disability case, this is the best place to start. If you do not know of any recommendations, hop online and see if you can find any reviews for an attorney who handles your type of claims. Once you find some attorneys, make a list of basic questions you plan to ask any candidates. First, find out what percentage of cases the lawyer handles are disability cases. You would like someone who focuses on disability issues frequently. Make sure you send your file and medical records ahead of time, so the lawyer can review them before your initial meeting. Discuss the steps that will be involved with a claim. Have the attorney provide details on the challenges of your claim and how he plans to overcome them. Do not ask the ratio of wins to losses. Each claim has so many varying factors. It is more helpful to hire a social security attorney that has a lot of disability expertise and who has taken the time to know your particular issues.

Q: Is it wise to submit a new application if you were not approved for disability insurance?

A: It is generally not a good idea to simply apply again after you were initially denied. Your next step is to file for reconsideration. The deadline to file for reconsideration is no later than sixty days after you received notification that your claim was not approved for benefits. If your case is not approved after reconsideration, you will then move on to the hearing phase. You will only add more time to your process, if you begin at square one again and submit a new application in lieu of filing for reconsideration.

Q: What happens at the first interview after you apply for disability through social security?

A: Your disability application interview will be set up shortly after you submit your application for social security disability. This interview is the starting point for your case manager to gather pertinent information regarding your injury or condition and your work status. If you have a social security attorney, he or she will help you prepare for that interview. If you do not have a social security attorney, then you will want to make sure you are prepared. Bring a picture ID. You will have to answer some questions regarding your identity, if you do not currently possess a picture identification card. Make sure you have a certified proof of birth document. If you are married, bring your marriage certificate. Similarly, bring documentation that provides proof of any additional dependents. Provide a DD Form 214, if you were part of the armed services. Years of service can often positively affect your benefit payments. Once all the identifying data has been collected, the interviewer will ask you about your work and injury. Be prepared with supporting documentation about your medical condition. Have a list of your doctors. Lastly, come prepared with background on the past 15 years of your work history. Hours worked and salary should be included. Assure you consult with your social security attorney, if applicable, before you go to that first meeting with Social Security. If you do not plan to hire a social security attorney, then just make sure you have all the supporting documentation necessary to complete that initial interview. You can increase the likelihood that your case will be processed in a timely manner, if you make sure you have provided all the necessary information.

Q: What is the next step, if you are not approved for disability benefits through social security?

A: The next step after a claim for social security disability benefits is not approved is to make a request for reconsideration. You will need to file to have your claim reconsidered within 2 months of when your initial claim was denied. By failing to meet that deadline, you will probably have to file a brand new claim and start all over. You do not necessarily need a social security attorney, but having such an advocate can be helpful during reconsideration. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. The services of a social security attorney can be extremely beneficial during preparation for and the actual hearing. A request for hearing cannot be made until a case is denied after reconsideration.

Q: What is the major pitfall when filing an appeal for a disability claim?

A: The biggest mistake is to wait too long to file an appeal. All forms to have a case reconsidered must be received no later than 2 months after the initial claim was denied. The expertise and experience offered by a social security attorney can be invaluable, if you are confused about appealing your claim.

Q: If a person is currently unable to work due to injury, can he receive social security benefits?

A: To receive social security benefits due to an injury, you must meet some requirements. You must have been working and insured at the time of your injury. You must have been employed for five out of the previous ten years as a mimimum. It is required that your job was covered by Social Security. You must be younger than the retirement age in order to receive social security benefits via the disability program. Last, but not least, your injury needs to be such that you will not be able to join the workforce again for a minimum of 12 months. The Social Security Administration does not extend benefits to individuals with partial or short term disabilities.

Q: When will social security benefits stop?

A: Until the injury has improved enough to allow a person to reenter the workforce, he will receive social security benefits. The payments would end the second month after the injury is no longer present. Social security benefits would also end if a person reaches retirement age and is eligible for retirement benefits. Disability benefits would be converted to retirement benefits. Social Security will conduct reviews of your file periodically to determine if your medical condition has changed. You do not, however, need to reapply for disability benefits, if the status of your injury and employment has not changed.

Q: When will social security benefits begin, after an individual has received approval for disability?

A: According to law, an individual cannot receive social security benefits until he has been injured and unable to work for at least five months. Payments will usually begin the sixth month. If you are still awaiting initial approval, it is difficult to predict when you will receive notice of a decision. How long it takes to receive requested medical records is what dictates the length of processing time in most cases. The disability examiner cannot make a decision about your case until he has reviewed your medical records. Most applications are reviewed and the claimant notified of a decision within four months.

Q: Why do I have to see a social security medical examiner after I apply for disability?

A: It is common for Social Security to request that applicants for disability undergo another medical exam. The exam is called a consultative exam, or CE. The representative assigned to your file asks for the consultative examination. If you are currently undergoing a hearing on your case, the judge may also request it. The consultative exam most often serves one of two purposes. If your medical records are not very current, an exam will be helpful. If the details on your medical records are old, the disability examiner assigned to your file will not be able to make a sound decision. The second reason would be because your medical files are not complete. Perhaps you do not have recent x rays or a required test for your particular condition. A call for a consultative examination is not an indication that your case will not be approved. It is an indication, however, that more details on your medical condition are required in order to rule on your application. If one is requested, you will have to participate in the CE. If you have any questions or concerns about your particular CE, you many wish to contact a social security lawyer.

Q: Should I have a social security lawyer review my case before I appeal?

A: A social security lawyer on your side will definitely make the appeal process less stressful for you. Many applications for social security disability benefits are denied. Just because a case is denied, does not mean it cannot win in appeal. Some applications are not approved because of incomplete data or missteps in the application process. A social security lawyer knows the hearing process well, will make sure your file has all the required information and that it is fairly reconsidered. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.

Q: After I apply for disability, do I need to check the status of my application?

A: Yes, you should follow up on the status of your application. If you have a social security lawyer, he will do it for you, but you should also check in with your lawyer. In some cases, paperwork can be misplaced. In other cases, notice of approval or denial of an application may never reach the applicant. There are many stages your application must go through to be reviewed. Without knowing it, your file may not be able to go to a next step because you were not aware of information that was needed. It is always wise to check the status of your file from time to time. To check on the status, it is best to contact the disability examiner assigned to your case. On average, a decision on a case will be rendered within a few months. If it has been longer than that for you, contact your disability examiner.