Orlando social security attorney

Q: How long before I am covered for Medicare?

A: If you talk to a social security lawyer, he or she will talk about Medicare for retired persons as fairly simple. If you are 65 years old or older, and worked for at least ten years in a Medicare covered job, you will generally be eligible for Medicare even if you’re working. Even if you are under 65, it is possible to be eligible for Medicare coverage if you suffer from a disability. But you may want to talk to a social security lawyer about some of the complications involved in getting Medicare due to disability.

If you don’t talk to a social security lawyer or advocate when your disability first presents itself, you may not know that you will have to wait 24 months for Medicare coverage. This waiting period begins at the time you become disabled. To be eligible for Medicare due to a disability, you must also quality for Social Security Disability benefits. Unfortunately, the combination of the waiting periods for both social security disability and Medicare coverage can make for a very long Medicare wait. You may want to talk to a social security lawyer for a better idea of the time frame.

Q: The SSA says I am short one credit to apply for disability insurance. What, exactly, do they mean?

A: The SSA has so much small print and obscure rules that nobody but a social security lawyer could learn them all. In order to qualify as “insured” under SSD, most adults need to have earned 20 credits during the last ten years (counting towards your total number of working credits). This 10 year rolling period should end when the SSA deems your disability to have started.

Sadly, though, the rules that go into determining how many credits you have and need for the last ten years of work makes meeting your credit requirements rather difficult. A social security lawyer will tell you that this often happens when an applicant simply hasn’t worked enough. But it also can happen due to delays in application, or a “disability onset date” which is adjusted by a judge or other official during the application process. If this happens, your first step should be to consult a social security lawyer or advocate to find out your options.

Q: If I have an SSD claim pending, can I still work?

A: Your social security lawyer will describe disability that is eligible for benefits as any that keeps you from earning a substantial income. Eligibility doesn’t, however, require you not to work at all. If the salary you earn with your work falls below a certain limit (which is set annually but the SSA), you may still be approved for benefits. You may want to speak with a social security lawyer to learn more.

Financial dependability (and eligibility for social security benefits) of a stepchild, on the other hand, will only determined when that child lives with you and shares with you a parent and child relationship. Generally, your spouse’s legitimate natural child, legally adopted child, or illegitimate natural child will be considered a step child. Check Out. Even after divorcing your step child’s natural parent (that is, your husband or wife) or after his or her death, the child will be considered financially dependent upon you and therefore eligible for benefits as long as he or she resides in your home and shares with you a child parent relationship.

In any of the above child parent relationships, you can give evidence of the status of your relationship with your child. Veterans disability lawyer If you choose, you can also provide proof that you do not live with or contribute financially to the support of your child. If you do this, you child will not be entitled to social security benefits under your account.

Q: Do you have to have a social security attorney to file for disability?

A: You do not need to be represented by a lawyer to file for social security disability benefits. A fair number of claimants apply on their own and make it through the initial review process without trouble. You may wish to have a social security attorney, however, if you are concerned about getting paperwork in on time or do not understand the process or requirements for making a claim. A fair number of claims are not approved after they go through the first review. By making sure you submit all the required information and forms within deadlines and correctly, your case has the best chance of being reviewed fairly. Again, many applicants that do not have a lawyer submit everything on time and without difficulty for the initial review process. Of those claimants who are denied after the first review, many choose to hire a social security attorney for reconsideration and further steps. If your case is denied after reconsideration and you plan to appeal to have it heard before an administrative judge, legal representation would be very beneficial. The majority of claimants who have appealed to have their claim heard before a judge have a lawyer on their side. A hearing is your last chance to have your case considered. A social security attorney has the experience and knowledge to assure that your claim will be fairly and appropriately adjudicated during the hearing process. The majority of claimants who are awarded disability benefits during a hearing process have been represented by a lawyer.

Q: If you are denied disability benefits after the initial review, should you apply again?

A: Assuming you submitted your application correctly, it is not advisable to start back at step one again. Most initial claims for disability benefits are not approved. Having your claim reconsidered is the appropriate and most beneficial next step. You must apply for reconsideration within 2 months of notification of denial. If you miss that deadline, you will then have to apply again and go through the initial review process. If your initial claim was denied once, it is likely it will be denied again. You will then be back where you started and have to file for reconsideration within the 60 days. If you are denied after your case was reconsidered, you will have to move on to the hearing process. Applying for initial review a second time would have wasted your precious time. It may be helpful to consult with a social security attorney, if you have missed appeals deadlines or are confused about the process.

Q: Can you submit an application for social security disability online?

A: Submitting your application for disability insurance can be done via the web. Visit the following Social Security link and follow the steps to submit your application with social security: www.socialsecurity.gov/applyfordisability.

Are you eligible for social security benefits? If so, which ones? The eligibility requirements are complex, and determining whether you qualify can be intensely frustrating. To work out which disability benefits you may be able to receive, and to find out whether you will be able to earn an income while receiving disability, read on.

Can I get partial disability through SSA?

No, you cannot qualify for disability benefits through Social Security if your disability is partial or short term. Only people whose disability is considered complete and is expected to last more than one year are eligible for social security benefits. (Note that as long as your highest possible income is below an SSA determined level, you may work while collecting disability benefits.)

I cannot work as long as before or at the same skill level, so although I still have a job, my income has dropped. Is it still possible for me to file for social security benefits?

Yes, if your income is lower than a certain SSA determined level, you are eligible to file for disability benefits. The amount changes annually, so check the official Social Security web site or booklets to find out what the current limit is.

However, your current income is not the only number the state agency will consider when evaluating your case. If you are capable of earning a higher income by changing to another job, you will not be approved for disability benefits. The state agency will consider your training, experience, age, and medical condition when deciding whether you are able to do other work, so you will not be pushed into doing work for which you are untrained or which strains your physical capacity.

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

When you first file for social security benefits, the state agency that manages your case will need a complete evaluation of your health, a process that may require repeated doctors’ visits. Your regular doctors may not be able to perform necessary tests or have equipment that is necessary to evaluate you, so you may need to visit another doctor to complete the evaluation. The state agency may help you to find the specialist you need.

After you have been ruled eligible for disability benefits, regular examinations will be necessary to track the state of your health. Because not all disabling medical conditions are permanent, your health may improve enough for you to work even without active medical care.

Q: Should I make my claim for social security disability under my own account, or under the social security account of my spouse who recently passed away?

A: Of course, for most people applying for social security disability, your objective is to receive the highest payments you can. In some cases, you will receive the most generous payment by applying under a deceased spouse’s SS account. In other situations, the greatest social security disability payment will come from applying under your own account. Either way, you have to choose which payment is highest, as you cannot have both.

The first step when deciding under whose account to request social security disability is to determine which will provide higher payment. The wisest thing is to consult the Social Security Administration to figure out under which account your payments would be higher. Whether the payments are higher under your own social security disability account or your deceased spouse’s is determined by your current age, the severity of your disability, and your earnings record. In the case that you do choose to claim survivor’s benefits, you will receive your spouse’s full social security disability benefits when you reach retirement, or when you reach the age of 50 and are disabled. If you are under full retirement age but 60 or older, you will receive anywhere from 71 to 99% of your deceased spouse’s social security disability benefits.

Q: I am receiving social security disability but I want to apply for SS retirement.

A: In most cases, a person currently receiving social security disability benefits will automatically receive retirement benefits when they reach full retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer. Speak to the SSA or a social security disability lawyer for more information.

Q: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?

A: You have probably heard comments and complaints from many social security disability applicants that their claims are constantly denied; but in reality, not all first applications are rejected. In truth, the SSA has no rule in place that directs them to deny all first claims. That said, it is true that many first applications are denied, and that approvals tend to result from the appeals process.

Nationwide, 70% or so of social security disability claimants are denied on their first application. Unfortunately, many of those who are denied do not have a full understanding of what they should do in order to be approved next time they apply. In order to reduce your chances of being denied more than once, it is important to have a through understanding of the social security disability appeals process. Speak to a social security disability professional or the SSA for details.