Orlando social security attorney

Q: Can I get Social Security benefits for partial disability?

A: There aren’t many short, simple answers when it comes to Social Security benefits. But in this case, the answer is a simple “no.” Though some other federal and state programs offer benefits to the partially disabled, social security benefits do not. As far as the Social Security Administration is concerned, a person is either disabled or he or she is not. When applying for social security benefits, you will either be considered 100% disabled or not disabled, making you either approved or denied.

Q: If my doctors say that treatment won’t improve my condition, why do I need to keep seeing them?

A: Even in the case that a medical professional cannot improve your condition, seeing a doctor regularly is very important for getting social security benefits. Why are doctors so important? Because one of the most important parts of proving that you have a disability (and should receive Social Security benefits) is documentation. As evidence of a disability, the SSA will look at your medical records. If there is little or no medical documentation of your disability, there is an overwhelming chance that your Social Security benefits claim will be denied.

When you request social security benefits, documenting and tracking your disability is your own responsibility. If you wish to apply for Social Security benefits, it is key to be specific and forthright about your symptoms when you speak with your doctor; even if the visits do nothing for your condition. During each visit, assure that your doctor documents your symptoms and your condition. The more documentation and evidence you have for your disability, the better your chances of getting social security benefits.

Q: My disability allows me to work, but I cannot earn the same amount of money I did before. Am I allowed to apply for social security benefits?

A: Yes, you can still file for Social Security benefits. But your claim may not necessarily be approved. When calculating a claimant’s eligibility for Social Security benefits, one of the most important questions they will ask is whether or not your disability allows you to do the work you did previously. If you cannot, they will look at your ability to have a substantial gainful employment in another field. If you work, your eligibility for social security benefits will depend on the kind of work you do and how much money you make doing it.

Q: Who qualifies for social security benefits when on disability?

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. To qualify, you need to have been in the workforce for at least five of the past ten years. 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: Social security benefits will continue until a person no longer suffers from the medical condition that made him unable to work. The payments would end the second month after the injury is no longer present. If an individual surpasses the age of retirement, social security benefits under the disability program would end and retirement benefits would begin. Your file will be evaluated regularly in order to verify the status of your injury. If your medical condition does not change, though, you will not have to apply again to remain eligible for benefits.

If a person has been notified of approval, when will he receive his first payment for social security benefits?

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. Ideally, in that sixth month, a qualified individual would start receiving benefits. 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. If it takes a while to receive requested medical records, the disability examiner assigned to your case must wait until he receives them to approve or your deny your application. In most cases, the application review process takes three or four months.

Q: Should I apply for social security disability benefits under my social security account or my deceased spouse’s?

A: For most social security disability applicants, the goal is to get the largest payment possible. In some cases, you will receive the most generous payment by applying under a deceased spouse’s SS account. Other times, the largest payment will come from your own account. In either case, you will need to determine the highest payment, as you cannot apply under 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. Depending on your age, level of ability or disability, and your years of work, it is possible to receive higher payments on your own, or via a deceased spouse’s account. If you do apply for survivor’s benefits, you will generally receive full benefits if you are at full retirement age or older at the date of application (or over 50 and 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: Generally, if you receive social security disability benefits, those benefits will be transferred to retirement benefits upon reaching retirement age. For most recipients, this conversion requires little or no effort. 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: While you may hear plenty of horror stories about constant rejection from the social security disability program, the truth is that not all first claims are denied. The Social Security Administration has no policy or regulation stating that all first applicants should be denied. 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. The biggest problem with this is that many who see their claims rejected do not know what to do improve their chances of being approved on the next application. Since most social security disability approvals happen through appeal, it is key to have knowledge of the ins and out of the appeals process. Speak to a social security disability professional or the SSA for details.

There are many ways by which hiring a social security lawyer can be beneficial to you. Applying for Social Security disability benefits can be a quite a challenging experience, and doing so without a social security lawyer can make it considerably more difficult. A competent social security lawyer can make it easier for you to avail of such benefits, which are often granted depending on your qualifying points. A social security lawyer can help you with the different types of Social Security Disability benefits available and help you decide which one is the most appropriate to your situation. A social security lawyer will even be able to guide you through the qualification process.

There are several benefits for disabled persons as provided by the Social Security System. A good social security lawyer can help you better understand the rules of each one, as they can be quite complex. A social security lawyer can help you differentiate between the various kinds so you can choose the one that is right for you. This article will go into detail about two types of benefits in particular; Social Security Disability Insurance or SSDI, and Supplemental Security Income or SSI. SSDI considers factors such as work history and disability, and SSI considers factors such as income, old age and blindness.

A social security lawyer can help you in the SSDI application process if you are currently in a physical or mental state that keeps you from working. People who have been disabled for 12 months, anticipate being disabled for 12 months, or expect death to result from their condition can also apply for the program. Keep in mind that you do not have to wait for 12 months before filing your claim, if you expect to be disabled for that long.

There are situations wherein the Social Security office will overpay you. Again a social security lawyer can help you with this situation, especially if the error lies with the Social Security Administration and you are asked to pay back the overpaid amount, in which case you may want to file for a waiver. If your request for a waiver is denied, you may have your social security lawyer represent you in an appeal process that will determine whether or not you will have to pay back the overpaid benefits.

Q: If your social security disability claim was denied, should you just apply again?

A: A claimant should not submit another social security disability application after he does not initially receive approval for benefits. Submitting a new claim is one of the most common mistakes made. The appropriate next step is to file an appeal. Having your case reconsidered will be your first step in the appeals process. The deadline for filing for reconsideration is sixty days after being notified of denial. You will then appeal for a hearing, after your claim is reconsidered and denied. Having your case heard before an administrative judge offers one last chance to plead your case and allows the judge to comprehensively review your file and all supporting items. If you simply keep filing a new claim that goes through the initial review process, your case never gets to be heard by a judge. By choosing to apply again and start the process over, a claimant unnecessarily waits through the initial review process to likely not receive approval again. You will be back where you started. Appealing gives your case the best chance of approval.

Q: Do you hurt your chances of being approved for social security disability benefits, if you do not take the medication prescribed to you by your doctor?

A: Yes, you can hurt your chances of being awarded social security disability benefits if you do not take prescribed medication. A disability examiner or judge may view your refusal to take medication as evidence that you do not need the medication because your condition does not hamper your ability to function or work. More importantly, it is difficult to determine the severity of your particularly case if you are not following prescribed treatments. To assure that a sound decision can be reached regarding your case, make sure you take all prescriptions and adhere to regiments recommended by your physician.

Q: Is there a certain amount of time you need to wait to submit a social security disability benefits application?

A: Disability claims can take anywhere from several months to several years before a decision is made. Because of the length of time it can take to process a claim, you should apply the day you know you are eligible. Do not wait. Touch base with a representative at Social Security and make sure you have all the necessary paperwork and interviews lined up. Do not delay seeking a social security lawyer, if you wish to have legal counsel during the process.

Q: What is the first thing that will happen after you obtain representation from a social security lawyer?

A: The first thing a social security lawyer will do is familiarize himself with everything in your file, as well as your current medical information. Your attorney will want to thoroughly understand your case. Recent medical information is perhaps the most important thing for a social security lawyer, particularly if your case is in the hearing phase. The SSA will not update any medical information after a reconsideration decision has been made. Consequently, your medical information may be severely outdated when you finally get to your hearing date. To be considered for continuing disability benefits, a case undergoing a hearing will need to have the most recent medical data and your attorney will make sure that happens. Less than 60 days old is what most attorneys advise regarding your medical records.

Q: How do you determine which social security lawyer to hire?

A: It is a good idea to have a list of things to ask social security lawyer candidates before you hire one. For a lawyer that is part of a law firm that deals with various types of issues, you may wish to ask what percentage of their cases pertain to Social Security issues. Ideally, you would choose a lawyer that focuses on social security at least 1/3 of the time. This just assures that you hire someone who has his head in the Social Security game and knows the relevant issues well. Another question for a potential lawyer is the number of cases he has represented in court. Generally, a newbie will not be nearly as polished as an attorney who has been in court 80 times. Some people also ask lawyers they are considering hiring if they have ever dealt with their particular type of injury before. Many attorneys recommend simply asking a potential social security lawyer about the challenges he sees in your case and how he can help. Finally, ask if he or someone else will be the one with you when your case goes before an administrative judge. One thing you should not be concerned about is how many cases an attorney has won or lost. Social Security claims differ so much and you do not know if an attorney took on simple or more challenging cases. The ratio of wins to losses, therefore, will not help you know if he is the right lawyer for your case.

Q: Will Social Security look at all resources when determining eligibility for Supplemental Security Income?

A: All assets and resources will be considered when you apply for SSI. If you have beyond two thousand dollars worth of countable assets, you will not qualify for SSI. If you own your house and it is your primary residence, it will not count against you. Likewise, the car you drive is not considered a countable asset. Additional cars and property, however, do count. Your investment portfolios, checking accounts and policies with insurance companies are other examples of assets.

What can I do if the SSA finds that I am no longer disabled and wants to cut off my Social security benefits?
All disability cases are subjected to regular reviews by the Social Security Administration. The time period between reviews are slightly different depending on the member’s medical condition. If the member is expected to recover, a review will be done in 6 to 30 months’ time. If a possibility that the condition will improve remains, the review will be undertaken after 3 years. If the condition is deemed permanent, a review will be done in 5 to 7 years.

When the time for the review comes, the case will be forwarded to the Disability Determination Services department in order to determine the member’s continued eligibility for Social Security benefits. A number of questions will be asked regarding the original condition, any changes that have occurred, any treatment that has recently been undertaken, and the work status of the member since the Social Security benefits were given. A medical examiner will then determine the present state of the member’s medical condition. If it is determined that the member is able to return to work, the Social Security benefits will stop.

If you feel that you are still disabled at this point, you may appeal the decision with the Social Security Administration office. A hearing will then be done, in which your case will be subject to a reconsideration. If you are found to be ineligible for further Social Security benefits, you have the option of filing for an appeal with an administrative law judge, take your case to an Appeals Council, or file a lawsuit in the federal district court.

Will SSA pay me to care for my disabled spouse?
While the SSA does not pay caregivers of disabled spouses directly, they may be able to receive benefits of their own. These benefits will be given every month and can be up to 50 percent of the disability benefits of your spouse. Keep in mind that there is a limit to the total amount of social security benefits that can be given to a family based on your spouse’s Social Security account.

The VA found me disabled. Won’t SSA come to the same conclusion?
One of the main differences between the SSA system and the VA system is that the SSA does not place percentage levels on disability. This means that while the VA system can find an applicant only partially disabled and therefore be eligible for benefits the SSA may determine that no disability exists.

Q: I have a business under my name but my spouse runs it. Can I have still apply for social security benefits?

A: The SSA defines the word disability as being unable to complete any substantial activity that will earn you a living. What is considered “substantial gainful activity” comes from the National Wage Index, which averages monthly wages across the board. The SSA considers an applicant to be working or employed at any time the that person “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it.”

The money your business makes may have an effect on your social security disability. The income you receive from your business, regardless of who runs it, may be considered substantial if it exceeds a determined SGA (or substantial gainful activity) level. This level is determined by comparing your business earnings to your pre disability earnings, and the earnings of a non disabled person engaged in the same business.

Q: If I pass away while I am in the Social Security Disability application process, where does my claim go?

A: According to the Social Security Administration, if a person who may be eligible for social security benefits dies (this includes Supplemental Security Income), their survivors may apply for a Lump Sum Death Payment. What does this mean? If you die in the while your claim for social security benefits is pending, your family may be able to get some of the benefits you would have been eligible to receive after the waiting period. In order to receive the lump sum payment, your survivors must prove that you would have qualified for social security disability in the month of death.

Lump Sum Death Payment of social security benefits is available only to particular surviving family members. When making the claim, the family will need to provide information and records about the deceased’s social security benefits eligibility and application (if there was one). The SSA will also want to see information about the deceased’s overall disability, starting at fourteen months before death.

Q: If I am receiving social security benefits and I die, what happens to them?

A: When you are receiving social security benefits, and have paid social security taxes, some family members may be eligible to receive survivor’s benefits upon your death. In general, for family members to receive survivor’s social security benefits, ten or so years of work will be needed (though this does vary). The following relatives may be eligible for survivors’ social security benefits:

• A spouse, with full benefits when they reach retirement, or some benefits beginning at age 60
• A disabled widow or widower, starting at age 50
• Unmarried children under 18 (or up to 19 if attending high school)
• Currently disabled children who were disabled at less than 22 years of age
• Dependent parents over 62 years of age.

For soldiers who have done their duty for their country, the Department of Veteran Affairs offers several types of disability benefits. But each veteran receives different types of benefits– and not all of these benefits are equally valuable. The VA uses eight “priority groups” to determine which benefits you will receive, with “1″ being the highest priority and “8″ the lowest (as of 2003, no new veterans are enrolled into group 8). The level of priority you are given will depend entirely on your disability (and whether it is service- or non-service-connected), your situation financially, and the level or intensity of your disability.

Because the fact of a disability originating from service-related or non-service-related sources has a generous impact on your veteran disability benefits, it’s important to know the qualification requirements for both types of benefits.

Non-service-Connected Benefits Requirements

A veteran who suffers from a total and permanent disability qualifies for non-Service-connected benefits. Eligibility for non-service-connected benefits also depends on several other factors:

• Income- Eligibility is based on a veteran having both a limited income and a net worth that does not provide sufficient maintenance. For more information please see 38 U.S.C.S. §§1521-22.

• Service - 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.” For those enrolled in the military after 1980, however, the requirement is simply a full period of active duty. Specifically, an individual who enlisted for the first time on or after September 8, 1980, is required to complete a minimum period of service, either twenty-four months of continuous active duty or the full period for which the veteran was called 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.

• Discharge- To qualify for VA benefits, you must have been discharged from military duty under non-dishonorable circumstances.

Service-Connected Benefits Requirements

Unlike with non-service-connected benefits, veterans who receive service-connected benefits do not need to be fully disabled, have served during wartime, or meet an income or net worth requirement. Instead, you need to be able to prove the source and current status of your disability with:

• Proof of your current disability- Because benefits for a service-connected disability are awarded only to those with a current disability, an applicant for these benefits must provide recent medical records diagnosing the current state of their disability.

• Substantiation of the disability or injury’s occurrance The next thing applicants for service-connected benefits must provide is proof that the disability occurred during or was aggravated by military service. It’s important to know, however, that “in-service” is a broad term, and can include injury incurred even during leave.

• Evidence of connection between past injury and current disability- This requires that applicants give evidence of a connection between the injury incurred in service and the current disability.

Q: Does the work history of a person affect the determination of a social security disability claim?

A: Past employment is important to your disability case. Social security disability benefits are awarded not simply based on an injury, but also on the employment activities a person could be engaged in with the injury. The case manager is interested in your work history to determine if you are able to still perform jobs you have had before. In addition, your work history will also help the examiner for your case know if you can perform other types of work. A social security disability claims examiner uses standard medical vocational principles when evaluating an application. When determining if a person can perform a work function, the examiner will look at the functional and physical limits of the injury, how old a person is and his education. This grid helps them decide if a person is capable of doing any of his previous employment or other employment. The guidelines are a tool and are not perfect. The grid alone cannot be used for determination of social security disability benefits. The disability examiner has to use his judgment to establish whether an applicant can perform past or other employment at a level to support himself. Your record of previous employment is usually the second most important aspect (next to medical condition) in establishing whether benefits should be awarded.

Q: Are SSDI and SSI the same thing?

A: SSDI and SSI are disability benefits, but they are quite different in their requirements. An individual qualifies for Social Security Disability Insurance (SSDI), if he has earned the minimum amount of credits through his work history by contributing to social security through his taxable earnings. Individuals who fall below certain income and resource limits can qualify for SSI or Supplemental Security Income benefits. An applicant for SSI need not have been in the workforce for a certain amount of time to be eligible for benefits.

Q: What is the average wait for an initial claim to be processed?

A: For applications that are complete and filed appropriately, the usual turnaround time for the initial review process is 3 or 4 months. The most common reason an application is delayed is due to a wait for medical records. Assuring that your claims representative has all the required information is key to avoiding delays. If you receive notification that your social security disability claim was not approved after the initial review process, you will probably wish to have it reconsidered and (if necessary) heard before an administrative judge. Reconsideration and an appeal for hearing will, of course, add time to your process. Many cases have been in the process for 2 years by the time they are heard.