Applying for disability with the Social Security Administration can be confusing and challenging. Educating yourself about the process is wise, regardless if you plan to hire a social security lawyer or do it yourself. Some common questions about filing for disability through the Social Security Administration are included below.
Q: I am 10 percent disabled through workers compensation. Can I get Social Security benefits?
A: If you receive workers compensation benefits, you are still eligible to receive Social Security Disability benefits. You can collect both workers compensation and Social Security Disability benefits, up to a maximum of 80 percent of your highest annual income average. Your 80 percent limit may be higher or lower than that of someone else, since the annual earning history of one person differs from that of another. That means one worker may have a high enough cap to collect full benefits, while another may not. If your combined workers compensation and social security benefits exceed that 80 percent maximum, your social security benefits will be reduced to meet that limit. Say that your monthly average income was $5000, your 80 percent maximum monthly cap would be $4000. You may be eligible for $2500 per month in Social Security Disability, but already receive $2500 each month in workers compensation. The monthly disability benefit from Social Security would only be $1500, so as not to exceed the 80 percent cap of $4000.
Consider consulting a social security lawyer or a Social Security representative, if any of your current workers compensation benefits are increased, reduced, or paid via one large sum (instead of in installments). Your Social Security allotments are often affected when the amount or method of payment of workers comp is altered from when you originally applied.
Q: Will my assets affect my receiving SS benefits?
A: The disability benefits awarded to you under Social Security should not be influenced by your assets. Disability benefits are contingent upon what you put into Social Security when you were working and the duration of your tenure in the workforce. It is a benefit that is earned. Your assets, therefore, should not affect your benefits. If, however, you are applying for the Supplemental Security Income (SSI) program, your assets will affect those benefits. SSI benefits are awarded based on need, so any income and assets you have must be considered.
A social security lawyer may be a good resource, if you are unclear about the affect your particular assets may have on your SSD or SSI benefits.
Q: SS wants me to see one of their doctors. Do I have to?
A: Not in all cases. The disability examiner for your case may not feel he has enough background on your case and wishes for you to undergo a consultative exam (CE.) If, for example, your doctor cannot provide many details about your condition or you have not received recent care for your treatment, your disability examiner may request a consultative examination. The doctor performing your consultative examination does so simply to provide the most current medical information about your case. The CE should not be given more weight than previous examinations provided by your other doctors. The Social Security Administration will pay for your CE. If you believe you and your medical practitioners have provided the most current and thorough information about your case and you do not wish to undergo a CE, contact your Social Security representative. If you feel like you have been unfairly subjected to multiple examinations, contacting a social security lawyer might provide some insight into how and why certain examinations may or may not be needed.