Social security attorney florida

Q: What can you do to get by financially when your claim for social security disability is still being processed?

A: It can take quite some time for an application for social security disability to go through the review process. Finding ways to get by in the meantime can be worrisome for some claimants. Given the duration some claims take, it is vital to examine and adjust your budget when possible. Try to eliminate all spending that is not mandatory. Regardless of what you can afford now, resist temptation to spend. Put any money you save by cutting discretionary spending aside to help you through the time it may take to reach a decision about your social security disability claim. Mandatory expenditures can sometimes be adjusted to allow flexibility during the waiting period. Some utility companies, for example, offer low income energy assistance programs. Refinancing a mortgage or other loan to free up funds can be an option. Additionally, many individuals find that they can rely on friends and family for short term loans or other support. Look into aid programs to help with doctor bills and medication. You need to continue to go to the doctor. Many charities offer assistance to pay for medications. Research any health benefits with the state for which you might qualify. You can also go to a free clinic program for certain things. Many medical offices will help individuals in financial need by coming up with bill payment strategies. Knowing that you are applying for disability, billing departments are more willing to work with you. Filing for public assistance programs can also be helpful. General Assistance is a state program that can lend you money that will have to be repaid after your social security disability case has been processed. Section 8 housing aid or food stamp programs may be helpful if your wait is long. If your finances are in trouble because of your wait, it may be wise to seek counsel with a lawyer specializing in social security. You may be eligible for dire need assistance with social security. Dire need status can grant you financial assistance and help your case be processed more quickly.

Q: Can you go to the Social Security office to submit your social security disability application?

A: You can apply for social security disability insurance online, over the phone or in person. Most people believe handling it in person is the most advantageous. A face to face appointment with the disability manager who will handle your case gives opportunities for real contact that applying online or via telephone will not. The claims representative will have a chance to observe you functioning with your current injury or condition, and you have a chance to introduce your case. This initial meeting sets the stage for the rest of process. Call the toll free number (800) 772.1213 for Social Security and ask for an appointment to submit your application for social security disability. Social Security will send you written notification of the appointment time and date.

Q: How long does a claim for social security disability benefits take?

A: Decisions on some cases are reached within a few months, while others are not reached for years. The average time for a complete application to go through the initial review stage is 3 months.

Q: What is the difference between SSI and SSDI?

A: Social Security Disability Insurance and Supplemental Security Income are both disability benefits, but they are not the same. Those who have contributed to social security during their work history and have accumulated enough credits, are eligible for SSDI. To determine eligibility for SSDI, Social Security will look at the earnings history, time in workforce and earned credits of an individual. A credit is earned roughly every quarter of the year a person works and earns at least a minimum amount of income (established each year by Social Security). 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. SSI is awarded to those who make less than about $1400 monthly in income. All assets and earnings affect eligibility for SSI. If you have any questions about whether you qualify for SSI or SSDI, contact a social security lawyer.

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

A: You do not need to have a social security lawyer in order to appeal your claim. 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. Should your claim win approval, an attorney can also assure that you get the most favorable onset date.

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

A: If you have hired the services of a social security lawyer, he will assure that your paperwork has been filed correctly and within the required deadlines. That being said, you should understand and know what paperwork is required. This is your case, after all, and you should be involved. Although the attorney will make sure you complete everything, some forms should be your responsibility. The initial application and any forms regarding your work history are most easily completed by you.

Q: Social Security says they paid me too much. What happens next?

A: If you have one, your social security lawyer will explain your options when you have received a notice of overpayment. Your first option is to ask the SSA for what is called a “reconsideration.” You will do this when you believe that Social Security has made a mistake in considering you an overpayment. When requesting a reconsideration, you are essentially asking the SSA to give your file another look. If you meet with them, you may want to take a social security lawyer along, just in case.

If you agree with Social Security that your overpayment status is legitimate, you can ask for a waiver. When you request a payment waiver, you acknowledge that you were given too much money, but would like to be exempt from paying it back. Your social security lawyer will probably suggest this course if the overpayment was due to a mistake made by the SSA.

Lastly, if you think that the overpayment was your mistake, you will generally be required to repay the overpayment. Your social security lawyer or advocate will suggest you talk to Social Security about a payment schedule. This will allow you to repay the money as you are able. Aren’t sure whether you should request a reconsideration, waiver, or payment schedule? A social security lawyer can help you make the right choice.

Q: As somebody who is legally blind, am I eligible for social security?

A: According to Social Security, “legally blind” means your vision cannot be corrected to more than 20/200. And just as with most other disabilities, the legally blind are eligible for benefits in many cases. While you may want to speak with a social security lawyer about your specific case, in general you can look over the guidelines for eligibility under any other disability to determine whether you may be eligible.

In general, the legally blind are treated by Social Security in the exact same way as other disable persons. But because their disability is so severe, the legally blind can also get some extra benefits. You should speak to a social security lawyer about any extended benefits you can get for legal blindness.

Q: I’ve heard I can’t file for Social Security for 12 months after my disability. Is this true?

A: You do not have to wait 12 months to apply for benefits. The SSA defines a SSD eligible disability as one that keeps you from earning a substantial gainful income. In the “small print” it goes on to say that your disability either needs to be fatal, or to have lasted or be expected to last one year or more. Those that don’t work with a social security lawyer often take this to mean they have to wait until they’ve been disabled 12 months to apply. But a social security lawyer will tell you to apply right away.

Q: What does the application interview for social security disability benefits entail?

A: The first thing that will happen after you file for social security disability is the scheduling of the initial interview. The purpose of the interview is to provide the disability examiner assigned to your case with the basic background about your case and you. Your social security attorney will make sure you have all the applicable information and documentation for that first meeting with social security. You may not plan to hire a social security attorney, in which case you should get organized and assure that you arrive at that interview with all the necessary items. Bring a picture ID. If you do not have a photo ID, you will be asked a series of questions to confirm who you are. Provide a certified copy of your birth certificate. If you are married, bring your marriage certificate. If you have children, have supporting documents that confirm their status as your dependents. Provide a DD Form 214, if you were part of the armed services. Sometimes, your time in the military can increase the amount of benefits. After the disability case manager has confirmed your personal details, he will move on to the details of your case. Make sure you bring copies of your medical records and treatments for your current injury. Provide contact information for all your treating physicians. Finally, provide supporting documentation and details about your employment for at least the past decade. Hours worked and salary should be included. Again, if you plan to hire a social security attorney for the application process, it would be wise to meet with him or her prior to the initial interview. Having a social security attorney is not required for any part of the disability application process, but you will want to assure you come prepared to the first meeting. 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: How do you file an appeal if your application for social security disability is denied?

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. Although it is not required that you have a social security attorney, it may be wise to seek the counsel of one now. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. It is recommended that you have representation of a social security attorney during the hearing process. A claim must first be reconsidered before an appeal for a hearing is made.

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

A: The major snare for disability benefits appeals is to miss deadlines. All reconsideration paperwork must be submitted within 60 days of the date of denial of the application. The expertise and experience offered by a social security attorney can be invaluable, if you are confused about appealing your claim.

Q: I have a business under my name but my spouse runs it. Would I still be eligible to receive Social Security benefits?

A: As defined by the Social Security Administration, disability is the “inability to engage in any substantial gainful activity.” They determine substantial gainful activity according to the National Average Wage Index, which gives a dollar amount per month. 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. The SSA determines this SGA level by doing a comparison of the income of your business to the income you received before you became disabled, as well as to the income of a healthy individual doing the same business.

Q: What will happen to my claim if I die while in the process of applying for benefits?

A: The SSA states that when an individual who was or could have been eligible to receive social security benefits becomes deceased, surviving family member can request 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.

Only certain close family members are eligible for these survivor’s social security benefits. 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: What will happen to my social security benefits, once I am already on them, and I die?

A: A person who has worked and paid social security taxes may be eligible for survivor’s benefits upon their death. For one’s family to be eligible for survivor’s benefits, up to 10 years of work is needed, depending on one’s age. Survivors’ social security benefits can be paid to:

• A widow or widower, who will receive full benefits at retirement age, and reduced benefits starting at 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 who are 62 years old or older.