Florida social security lawyer

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

A: No, it is not wise to simply apply again if you are denied social security disability benefits after your claim goes through initial review. Many people who wish to have their case reviewed again mistakenly apply again. The appropriate next step is to file an appeal. The first appeal is to file for reconsideration. A claimant must file the appeal to have his case reconsidered within 60 days of receiving notification that his initial claim was not approved. You will then appeal for a hearing, after your claim is reconsidered and denied. The hearing process is the last and perhaps most thorough step in the social security disability process. 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. Not appealing adds tremendous and unnecessary time as you await a decision that is likely to not be in your favor, given that your claim was already denied at the initial review process stage. You will be back where you started. Following the appropriate next steps in the process and choosing to appeal your claim will improve your chances of being awarded benefits.

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. It is also almost impossible for a judge or disability examiner to understand the complete picture of your case and how your injury impacts your daily activity, if you are not taking your prescribed medication. 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. Many claimants make the mistake of waiting too long. Touch base with a representative at Social Security and make sure you have all the necessary paperwork and interviews lined up. If you would be more comfortable having legal representation, contact an attorney specializing in disability claims with Social Security.

It can be a challenge to wind your way through the labyrinthine Social Security regulations and find out which social security benefits you are eligible to receive. To make the process easier, here are answers to some of the questions frequently asked by applicants for disability benefits.

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. If SSA denies you benefits on the grounds that you are not completely disabled, this will not bar you from applying for and receiving partial disability benefits from local and state disability programs.

However, even if you are deemed to be completely disabled, you can keep working while receiving disability social security benefits, provided you are sufficiently disabled that your work capacity is low. When you apply for disability, the state agency in charge of your case will assess your total earning capacity. If you can still work but your maximum possible income falls below a certain amount, you can still collect disability benefits. Note that the agency will consider how much you CAN earn, not how much you DO earn: If you could earn more than the cutoff level of income by doing a different job (assuming that there is another job you are physically able to handle and have the training to perform), then you will not be eligible for social security benefits. You will not be pressured to do work you are not able to perform. The state agency takes into account applicants’ health, age, experience, and education when evaluating which jobs they are suited to do. If you would be able to support yourself if you switched to a better job, training and job search assistance are available

Many applicants are confused and annoyed by their social security agents’ request to continue seeing doctors even after they have doctors’ statements that there is no available medical treatment for the applicant’s condition. 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 visit is not for treatment; it is simply part of your case evaluation.

Second, disability is not always permanent, and even untreatable conditions can improve. Regular examinations to chart the progress of your health are essential. Your health may improve enough that you can return to work, even without medical treatment.

And third, medical science comes up with treatments for “untreatable” conditions every year. Why miss out on a cure because you stopped going to the doctor out of resignation? It is a small nuisance compared to the huge lifestyle benefits you could reap.

More Social Security benefits are given to children than to any other social group. Children can receive social security benefits under the account of a guardian (that is, a parent, step parent, or foster parent), that is either disabled or eligible for Social Security due to retirement. Children can also be eligible for benefits under the account of their guardian if he or she has died after working and paying enough social security taxes to earn benefits.

Children are eligible for Social Security benefits when they are:

• Single,
• Less than 18 years old,
• Or are between 18 and 19 years of age, but still a full time student in elementary or secondary school,
• Or, over the age of 18 and disabled before the age of 22.

Q: But, will my children receive social security benefits even if they do not live with me?

If your children do not live with you, their ability to obtain benefits will depend on the specific relationship you share with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. A child is automatically considered financially dependent on you, regardless of where he or she resides, in the following cases:

• The child is your legitimate, natural child
• The child is your legally adopted child
• He or she is your natural but illegitimate child for whom a judge has issued a determination of support, or for whom you make regular financial contributions.

If a court has not officially made a determination of support for a recognized natural child that does not live with you, you can show that child’s financial dependency upon you by providing:

• Evidence that the child is eligible as your dependent under other programs (state and federal)
• Previous tax returns in which you claimed the child as a dependent
• Records that you made periodic payments for the child
• Other evidence of the child’s dependence

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. This step child will remain eligible for benefits after the death of or divorce from their natural parent (your spouse), as long as the child continues to live with you in a regular parent and child relationship.

In any of the above cases, you can provide proof of your relationship to your child. In addition, you can also decide to give evidence that you do not live in a parent child relationship with the child; that is, you neither live with the child nor support him or her financially. If you do this, you child will not be entitled to social security benefits under your account.

Social security benefits in the United States include the monetary compensation payable to individuals under the social security system, and are administered by the Social Security Administration. Social security benefits come under various types depending upon the category of the respondent’s requirement. People who have had to sacrifice employment and its benefits on account of chronic illness, or those who have qualified for benefits on attaining pensionable age are still eligible for social security under different clauses. There are several other classes of social security benefits, which certain sections may be eligible to receive. For instance, the disability benefits are available for workers unable to continue their existing jobs, once they cross a required duration at work (calculated as credits). To address the differing requirements of different sections of the society, the Social security administration pays the social security benefits through two different programs; the Social Security disability insurance program and the Supplemental Security Income (SSI) program.

Social Security pays benefits to people who cannot work or need to discontinue employment owing to a medical condition that is expected to last at least one year or is possibly fatal. However, the persons earning above a certain quantum of salary will not be considered for social security benefits. The amount changes each year and can be accessed from the administration’s Update (Publication No. 05 10003) for the current year. However, the Social Security Act does not recognize the validity of partial disability, and individuals claiming such conditions are not eligible for benefits. In case a person is unable to perform a previously held job, the administration looks for an equitable alternative for the person. It evaluates the person’s medical condition, age, education, past work experience and any skills that may fit another role. Should such efforts prove fruitless, and the agency is unable to provide the person with an alternative to earn his livelihood, the status of the employee as disabled would still be considered by the agency. State rules are more lenient for persons over the age of 50 and some benefits may accrue if the person applies for such relaxations. Even persons with low paying part time employment and consequently negligible savings have a good chance at obtaining social security benefits.

Q: What is the difference between SSI and SSDI?

A: SSI (Supplemental Security Income) and SSDI (Social Security Disability Insurance) are two different benefit programs that are offered to individuals who qualify as disabled. SSDI is awarded based on prior work contributions and earned credits. To determine eligibility for SSDI, Social Security will look at the earnings history, time in workforce and earned credits of an individual. While in the workforce, an individual earns one work credit for every calendar quarter. You are usually eligible for SSDI if you have earned 20 credits out of the past 40 quarters. Eligibility for SSI benefits, however, are dependent upon the financial needs of an individual. SSI is not dependent upon prior work contributions and credit. To be eligible for SSI, an individual cannot earn more than $1,433 per month in wages ($694 per month if the income is not from wages). An individual must report all wages, resources and income when applying for SSI. It would be wise to seek the advice of a social security lawyer, if you are confused about your eligibility for Social Security Disability Insurance versus Supplemental Security Income benefits.

Q: Do you need a social security lawyer if you plan to appeal your Social Security disability claim?

A: A social security lawyer is not required for you to file an appeal. That being said, if your case was denied after the initial review, it would be wise to seek the counsel of a social security lawyer. You will need to file for reconsideration first. Frequently, a claim is denied again after reconsideration. If you wish to appeal further, you will need to move on to the hearing process. It is strongly recommended that you have a social security lawyer for the hearing process. Your case has a better chance of being approved after a hearing, if you have the services of an attorney. You have peace of mind, as a social security lawyer will make sure that your claim is arbitrated fairly all the forms are completed correctly and on time. Additionally, a lawyer can help establish the best date of onset for your condition and file for any back pay benefits.

Q: Do I let my lawyer complete and submit all forms for social security disability benefits?

A: A social security lawyer will make sure that all forms are completed appropriately and on time. Knowing that, it is also important for you to be in the loop about all forms and deadlines. You should communicate with your lawyer frequently. Although the attorney will make sure you complete everything, some forms should be your responsibility. The application for disability benefits and anything that involves your employment history, for example, can be filled out by you.

People don’t really know about social security benefits. In fact, the entire discussion around social security is a bit confusing. 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

I guess, long ago, the government decided that they needed a program to take care of our citizens. 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 More

So taxes were created and spending started. I think when you are at the very beginning of one of these programs, it is great. When the money runs out of the system and the demographics shift drammatically, it’s a different story. We all know that social security is in a world of pain at this point. Nobody is sure how this story will end.

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Q: What are the requirements you must meet to be eligible for disability social security benefits?

A: To qualify for social security benefits, your condition must prevent you from working for at least a year. The condition can be mental or physical in nature. To be awarded social security benefits, you must also meet income criteria. Currently, that amount is just under $1000 per month before taxes. It also must be demonstrated that you cannot take on some other kind of employment. For this, what you did before the onset of your condition, how old you are and your education level are taken into consideration.

Q: Do disability social security benefits have a time limit?

A: You will collect social security benefits unless one of three things happen. Your social security benefits will be suspended, if your injury resolves completely or enough for you to become a part of the workforce again. Some people decide they would rather not depend on social security benefits and take on regular employment in a different type of work. Benefits would no longer continue in that case. The last scenario in which social security benefits would no longer continue would be if you reach retirement age. In that case, you would then begin receiving retirement benefits instead. Social Security does conduct periodic reviews of all cases. It is your duty to keep your claims representative informed of any changes to your medical condition or changes in employment.

Q: What is the average time it takes to review a claim for social security benefits?

A: The average time it takes for an initial social security benefits claim to be reviewed is a little over 3 months. It is hard to determine, however, the length of time your claim may be under review. A decision on an application for social security benefits can be made in 30 days. And a decision may not be made on others for a couple years. By assuring that you have submitted thorough details and the necessary forms in a timely manner, you can increase the likelihood that your social security benefits claim will not hit any snags. The main reason most claims are delayed during the initial review process, is due to lack of or incomplete medical records. A lawyer who specializes in social security benefits can be invaluable, if you have any concerns about the length of time your claim is taking.

Q: Are there things an applicant can do to improve his chances for receiving social security disability benefits?

A: Although most disability cases are denied after the initial review process, you can make sure you have done everything in your power to give your case the best foundation. To start, be certain that your physician supports your case. Having a physician who will provide a solid and comprehensive background about your injury and how it has affected your ability to perform your work duties is vital to your claim. The second thing sounds obvious, but it will affect how long it takes for your case to be reviewed and whether it is approved or not. Be certain that you submit all required forms within the mandatory timelines and that everything is correct. After you know you submitted all the required forms accurately, your next task is submitting complete and the most current records of your medical condition and treatment. Non receipt or incomplete medical information is the main cause of application delays. Being helpful and cooperative when you communicate with your disability examiner and other people working on your file is the fourth way you can give your claim the best chance. The fifth thing is to be aware of where in the process your claim is. You can do this by contacting your disability examiner directly or through your social security lawyer (if you have one). Likewise, it is smart to be in contact with your social security lawyer just to assure your case is moving forward and you have submitted all the required paperwork and forms.

Q: Do you need a social security lawyer to win a disability claim?

A: It is not required that you have a social security lawyer in order to apply for disability benefits. It may be wise, though, to hire an attorney if your initial application for benefits was not approved. You will need to submit paperwork to have your claim reconsidered. To have a claim reconsidered, it does not need to be represented by a social security lawyer. The majority of claims, however, are still not approved after being reconsidered. After being reconsidered and denied, your claim will need to be appealed and go to hearing. Again, it is not required that you have legal representation for the hearing process. The majority of claims that are approved after being heard before a judge have been represented by a lawyer. This is the final opportunity for your case to be heard. Having an advocate like a social security lawyer will assure that your claim has been adjudicated fairly and in a timely manner.

Q: How do you apply for social security disability benefits?

A: You can submit your disability application via three options. You can call Social Security directly and tell them you would like to file a claim. If you would rather take care of this by visiting an actual office, you can do that too. The last method in which you could submit your application is on the web at http://www.ssa.gov/. The manager handling your case will then contact you to set up an appointment for an initial interview via phone or in person (your choice).

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. That being said, it is after an initial claim is denied that many claimants decide to hire a lawyer. The next step is to file a reconsideration. Most cases are still not approved when reconsidered. 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. That is the reason most claimants choose to hire a social security attorney once their initial claim is denied. Again, it is not required that you have an attorney to undergo a hearing. The majority of cases that are awarded benefits after this stage, however, are represented by a legal advocate.

Q: How do you find a good social security attorney?

A: If you know someone who was happy with an attorney they hired for a disability case, this is the best place to start. Doing some research online can be helpful, if you do not have any word of mouth references. Once you find some attorneys, make a list of basic questions you plan to ask any candidates. A primary issue is determining what portion social security disability claims are in his or her overall caseload. You would like someone who focuses on disability issues frequently. Assure that the attorney has copies of your application, denial notification and health records so he can be well versed on your case when you sit down to meet for the first time. Discuss the steps that will be involved with a claim. Then get specifics on the issues the lawyer sees with your particular case. Do not ask the ratio of wins to losses. Each claim has so many varying factors. You want to, instead, focus on finding a social security attorney that understands the disability process and the specifics of your case.

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. Appealing to have your case heard before an administrative judge is your next step, if your claim is reconsidered and still not approved. 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:. Am I eligible for disability benefits, if I suffer from occasional seizures?

A: Not all applications for Social Security disability involving seizures are approved. The two factors that determine whether you qualify are how often the seizures occur, and if you are following the prescribed medication and treatment recommended by your doctor. Seizures that are categorized as major motor seizures must happen once a month or more and must occur during the day. Minor motor seizures must occur once a week or more. In all cases, strict adherence to medication and treatment must be demonstrated. Your application for benefits will not be approved if there is any evidence that you have not been following the recommended treatments and medications. The disability examiner in charge of your case will need to obtain copies of your medical records and an EEG. If you are having difficulty understanding what information is needed for your application or if your condition will qualify, contact a social security lawyer or a representative in the Social Security office.

Q: Why does it take so long for my claim to be processed?

A: There is no deadline for processing an application for Social Security disability benefits, unfortunately. Assuming all the required information was provided, it takes most applications 3 or 4 months to be processed. Most applicants receive a decision notice within 4 months, but it can take less or more time, depending on your specific case. There are many steps to processing your application. Once a disability examiner is assigned to your case, he must wait to receive your medical records before he can begin his review. Waiting for requested medical records is what causes most application delays. After reviewing your medical records, the examiner provides a synopsis of your case and passes it along to a medical specialist for consultation. The file will be given back to the examiner after the medical specialist provides his expert opinion. After that, a final decision about your case is rendered and you will be given written notification of the status (approved or denied) of your case. If your case is denied, you can first apply for reconsideration. Your application will then be assigned to a new disability examiner and your file will undergo the review process with another specialist. If your application is denied after reconsideration and you wish to appeal, it is wise to have a social security lawyer on your side. Your case may eventually appear in an administrative court.

Q: Will hiring you make my case be processed more quickly?

A: Applying for disability with the Social Security Administration can be an arduous process. Many applications must be filed again, after they were initially submitted with errors or missing information. By having a social security lawyer on your side, you can confidently dive into the application process. This will allow you to file your claim correctly and more quickly than if you had to do it all on your own. About 70 percent of applications filed are denied. In some of those instances, having an advocate like a social security lawyer may have increased the likelihood of approval. An attorney is usually recommended if your application is denied and you plan to appeal or have your case reconsidered.