Tampa social security lawyers

Q: When will your social security benefits payments stop?

A: Your benefits should continue as long as your injury or condition still prevents you from working. A variety of situations may cause the SSA to determine that you are no longer disabled, and that you should no longer receive social security benefits. Your file will be reviewed from time to time to make sure it contains all current information and any changes to your injury or ability to work. These reviews can take place from every six months to every seven years, depending on the type of disability you have and the expectation of your recovery. During one of those reviews, it may be determined that your injury or ability to work no longer qualifies as a disability.

The SSA may also consider you no longer disabled if too much time has passed without your having seen a doctor. Remember, qualification for social security benefits is heavily dependant on documentation. If you do not have the proper documentation of your disability, your benefits may suffer. If you are working and are earning above the minimum sustainable amount, your benefits could also be discontinued. If your benefits have been discontinued and you do not agree with the decision, it would be wise to consult with an attorney specializing in social security issues.

Q: Will SSA pay me to care for my disabled spouse?

A. Generally, no. Social security benefits can be awarded to a spouse of someone eligible for benefits, but there are firm guidelines. Benefits are usually only awarded to the spouse if he or she is taking care of a dependent child under the age of 16.

Other aid programs and assistance for caregivers can be obtained, though. Medicaid is an example. Speak to a social security lawyer for more information.

Q: Are the eligibility guidelines that same for both VA and social security disability?

A: Not necessarily. Social Security and Veterans Affairs determine eligibility differently. Unlike the VA, social security benefits are not given on a partial or full basis. That being said, your VA determination will be helpful for your social security benefits eligibility review process. The help of a social security attorney may be beneficial to help you through the process.

Are you eligible for social security benefits? If so, which ones? Picking through the convoluted regulations can be deeply frustrating, and when you are done, you may have no better idea than before whether you qualify for benefits. 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.

Is it possible to get partial disability through SSA?

No, Social Security does not offer disability benefits to people with partial or short term disabilities. Social security benefits are available only to applicants who are completely disabled and whose disability is considered likely to last at least a year. (Note that as long as your highest possible income is below an SSA determined level, you may work while collecting disability benefits.)

Although I am still working, I cannot work the same hours or skill level that I used to, and my income has dropped as a result. 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. Social Security changes the maximum income level yearly. You can find the current limit in the official SSA web site or in official SSA booklets.

However, be aware that your earnings in your current job are not the only earnings the state agency will take into account. If you can move to another line of work and in so doing raise your income above the approved level, you will not be considered eligible 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?

In the beginning, the state agency that handles your social security benefits will request that you go to doctors several times in order to get a complete evaluation of your medical condition. The doctors you usually go to may not be able to provide enough information; for example, you may need tests or equipment that your doctor does not have. In that case, the state agency may arrange for you to be examined by another doctor.

After you have been ruled eligible for disability benefits, regular examinations will be necessary to track the state of your health. Not all disabilities are permanent; you may improve enough to return to work, even if there is no medical treatment that can speed your improvement along.

Q: Should a claimant submit another social security disability application when he is not approved for benefits after he applies?

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. Having your case reconsidered will be your first step in the appeals process. A claimant must file the appeal to have his case reconsidered within 60 days of receiving notification that his initial claim was not approved. If your case is not approved after reconsideration, you then file to have it heard before an administrative judge. 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 are at square one again. 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. By not taking prescriptions, it may appear to a reviewer that your injury is not severe enough to keep you from working. 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: When should you apply for social security disability?

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: Is there anything you can do to hurry along scheduling for a social security disability hearing?

A: By the time a social security disability case makes it to a hearing, it has often been in the system for years. It is understandable that a claimant would want to speed up the process. Such a task is not so simple, though. Applicants who are experiencing financial difficulty can submit a dire need letter outlining their situation. Such a letter will need to be accompanied by evidence of financial need, such as delinquent account letters from utility companies and lenders. The Office of Hearings and Appeals can then decide if expediting the hearing process is appropriate. A claimant in such a dire situation can also apply for a review known as “on the record.” Such a review allows your case to be evaluated by the Office of Hearing and Appeals before the actual hearing. If all goes well, your case is approved at the on the record review and will not have to be heard before a judge. The last way to attempt to expedite the hearing process is through an inquiry via your Congressman or Senator. The office of your Congressman or Senator must contact the Office of Hearings and Appeals on your behalf. Regardless of what method you choose to try to speed up the hearing process for your social security disability claim, it is generally recommended that you seek counsel from a lawyer or legal advocate.

Q: Why is the date of onset important?

A: Your onset date is the day your condition or injury made you unable to continue work. The onset date is used to calculate when you are entitled to begin benefits and any social security disability back pay.

Q: Does everyone who is awarded social security disability benefits receive back pay?

A: Retroactive payments are not paid in every case. That being said, most cases do receive back pay. This is because the review and hearing processes can take very long for many cases. If a claim is awarded social security disability benefits very quickly, however, back pay may not be applicable. Past due benefits are based on the onset date of the condition. Regardless of the date of onset, an applicant can only receive retroactive benefits for up to a year prior to the date he or she applied for social security disability.

Q: Will hiring a social security attorney help me get approval for social security disability benefits?

A: Not every disability case requires the services of a social security attorney. A fair number of applications submitted for social security disability benefits are not approved. Those wishing to appeal their case would be wise to seek counsel from a social security attorney. Hiring a social security attorney does not mean your case will be approved. It simply helps to assure that your case is properly handled. A social security attorney will assure that all the details for your hearing are prepared and will know how to navigate the process.

Q: When is it recommended to submit an application for disability benefits with the Social Security Administration?

A: It is recommended that you submit your application for disability benefits as soon as possible after you are no longer able to work. It can often take 6 or more months for your application to be completed. For this reason, you will want to submit your application as early as you can. If your application is denied, you will probably want to appeal, which adds more time to the process. Seeking the counsel of a social security attorney may be helpful, if you are confused about how and when you should apply.

Q: What is the difference between SSDI and SSI? Q: Are disability benefits and SSI the same thing?

A: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both benefits through the Social Security Administration offered to individuals who can no longer work due to injury. Individuals are eligible for SSDI, if they have been in the workforce and accrued enough credit to receive benefits. SSI benefits are distributed to those with limited income and assets, regardless of work history.

Q: If your application for social security benefits has just been denied, should you hire a social security attorney?

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. The majority of claimants are denied again after reconsideration. The next step would then be to file an appeal to have your claim heard before an administrative judge. You want to give your claim the strongest chance at winning that you can when it is presented to a judge. Having a social security attorney on your side after your application is initially not approved can help you give your case the best chance possible. 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: A lawyer recommendation from an individual who recently went through the disability claims process can be very helpful. If you do not know of any recommendations, hop online and see if you can find any reviews for an attorney who handles your type of claims. Having a few points to discuss with a potential lawyer you plan to meet with will be extremely helpful. First, find out what percentage of cases the lawyer handles are disability cases. You would like someone who focuses on disability issues frequently. Make sure you send your file and medical records ahead of time, so the lawyer can review them before your initial meeting. Discuss the steps that will be involved with a claim. Have the attorney provide details on the challenges of your claim and how he plans to overcome them. Do not ask the ratio of wins to losses. Each claim has so many varying factors. It is more helpful to hire a social security attorney that has a lot of disability expertise and who has taken the time to know your particular issues.

Q: If your initial claim was denied, should you apply again?

A: It is generally not a good idea to simply apply again after you were initially denied. Instead, you will want to submit an appeal to have your case reconsidered. The deadline to file for reconsideration is no later than sixty days after you received notification that your claim was not approved for benefits. If your case is not approved after reconsideration, you will then move on to the hearing phase. By applying all over again, instead of appealing, you will significantly delay your opportunity to have your case reconsidered or heard before a judge.

Along with every paycheck that you receive from your employer comes a corresponding deduction of Social Security taxes. Most people utilize Social Security for retirement benefits that they can take advantage of when they reach retirement age. Many people are not aware however that part of the Social Security tax can be used in the form of a disability plan. Federal law states that in the event of an injury or some type of illness or disease that effectively hinders your ability to work, you can claim some Social Security benefits even though you have not reached retirement age yet. These benefits can be used to provide you with an income source in the event that you are not able to work.

The Social Security Act defines disability as either a physical or mental condition that prevents the sufferer from engaging in any activity that generates income, and that can either result in his or her death or last for 12 months or more. Many people seem to be confused about when they can apply for Social Security disability benefits and when they can begin collecting payments. The fact is that you should apply for disability as soon as possible, even on the first day of your disability if you can manage to do so. This is because the process can take a lot longer than anticipated, and waiting too long before you apply may mean delaying your benefits even longer, as well as risking the chance of lost benefits. Keep in mind that even with the help of an experienced Social Security lawyer, the claim process can still take a long time. In addition, you will also have to be unable to work for at least 5 full months before you can begin receiving disability benefits.

The question of why the entire claim process takes so long…often lasting more than a year…is one that comes up often. Even enlisting the help of a Social Security lawyer does not necessarily speed up the time to see a judge. Many people find it quite frustrating to be out of work and unable to claim their benefits, but the severe backlog of Social Security cases is the cause of all this. Social Security cases are typically processed on a first come, first served basis, which means that you have no choice but to wait it out. In certain states in fact, the entire process has been known to take anywhere from eighteen months up to two years in order to get a hearing.

Even though a Social Security Disability attorney cannot get you to a hearing before an administrative law judge quicker, a good attorney will win your case before you are even scheduled for a hearing. A good Social Security Disability lawyer will have enough experience to know what type of evidence to collect as well as how to use any opportunities to your advantage, such as filing the claim with the Office of Disability Determinations or coming up with an On the Record opinion so that a hearing for your case may not even be necessary. With or without a social security attorney there are barriers between you and your Social Security Benefits. With a competent lawyer on your side however, the process can be resolved much sooner than if you take on the task of filing the claim by yourself.

What can I do if the SSA finds that I am no longer disabled and wants to cut off my Social Security benefits?
All cases that pass through the Social Security Administration are reviewed periodically in order to determine if the member is still disabled. These review periods vary depending on the particular 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. The member will go through an interview process and will be asked about his or her condition since being granted Social Security benefits. A medical examiner will then determine the present state of the member’s medical condition. If the results show that the member can go back to work, the Social Security benefits will be discontinued.

If you disagree with the findings of this review process, an appeal may be filed with the office of the Social Security Administration. A hearing will then be done, in which your case will be subject to a reconsideration. If the decision to discontinue your Social Security Benefits still stands, you may make an appeal in a federal district court or present your case before a judge of administrative law.

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 are given monthly and can be equal to 50 percent of the disabled spouse’s benefits. 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.

If the VA finds that I am disabled, should I expect to SSA to find me disabled as well?
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.

If you are currently suffering from a disability, a disease, or any type of medical condition that prevents you from working, you are possibly eligible for Social Security Disability benefits or SSD. The main purpose of the SSD is to provide individuals that are deemed by the government to be disabled to receive a certain amount of money every month. To be granted these benefits, an applicant will have to fulfill the following requirements: he or she must be suffering from a medical condition that prevents the pursuance of work, or that is expected to result in death.

It is important to note that there are many factors that will determine if you are eligible for Social Security Disability benefits, with concerns such as how old you are, how much education you have had, your work history, and your compliance with the terms of your medical treatment being some of them. Even if you conform to all of these requirements, there is still a chance that you will not be granted Social Security Disability benefits, which is why you may want to consider hiring the services of a social security lawyer.

A social security lawyer can be a great help to you in compiling the information that you will need in order to make your case for a disability claim. The process of getting your Social Security Disability benefits can take a very long time, and you will have to fill out a lot of documents as well as submit to an interview with a representative from the Social Security Administration. A good social security lawyer will also be useful to you when you are denied a claim, and will therefore have to make an appeal for reconsideration before a judge. Since the appeal process can last as long as two years, and you may be denied more than twice at the minimum, hiring the services of a social security lawyer makes a lot of sense. A social security lawyer can speed up the appeal process and get you your benefits in a shorter period of time.

It is important for you take your benefits claim seriously and to do what your social security lawyer suggests at all times. Many social security lawyers have had difficulties with clients that do not fulfill the terms of the medical requirement prescribed by their doctor. This may result in you being denied your benefits entirely.

Your social security lawyer is in a sense your partner when you are appealing for Social Security Disability benefits. You should work closely together in ensuring your lawyer wins your case as this will determine whether or not you are approved for benefits.

Q: Will my children get benefits if I get SSI?

A: When you consult a social security lawyer or apply for Social Security on your own, it is important to keep in mind that there are big differences between Social Security Disability Insurance benefits and Supplemental Security Income (SSI). While those that qualify for Social Security Disability Insurance Benefits may be able to obtain benefits for their children (a social security lawyer can help with the process), those that apply only for SSI cannot. The reason for this is that SSI is given based only upon need, and so benefits are not offered to dependents.

With Social Security Disability Insurance Benefits, however, you may be able to obtain benefits for your minor children. Your dependent children’s ability to get benefits will generally be based on your past earnings. Everybody who is approved for Social Security Disability Insurance benefits is not necessarily approved for dependent benefits. Those with a short work history may not qualify. Talk to a social security lawyer for details.

Q: Can I still get SSI benefits if I have money in the bank?

A: If you speak to a social security lawyer, he or she will explain to you the consequences of SSI being a need based program. Put simply, those that receive SSI benefits do not have much money or many assets. And while every state has a slightly different resource limit for qualifying for SSI, there are a few general guidelines that a social security lawyer will give you when looking over your application.

See below for some of the things that are generally considered a resource, and which will be considered a part of your income.

• Cash
• Bank Accounts
• Stocks and other Investments
• Land, Homes, etc.
• Life Insurance Policies
• Automobiles
• Personal Property

Though it is possible to be approved for SSI if you own a vehicle and one home, owning too many assets or “resources” can reduce your chances. In order to be approved for SSI, you must generally have less than $2000 in a bank account for a single person, or less than $3000 for two people. But since rules and limits change from state to state, it is best to speak with a social security lawyer.

Q: Will they take away my benefits if I sell my house and make money off of it?

A: The answer to this question will vary from case to case, and it is a good idea to speak with a social security lawyer in this situation. If you sell your home and make a profit, the amount of profit will determine your continued SSI benefits. If the profit from your home takes you over the “allowable value” of your resources at the beginning of the month, you will not be eligible for benefits for that month. If, however, you maintain those “over value” resources in a bank account into the next months, your eligibility for SSI benefits may come into question. If you are planning to sell a home, it is a good idea to consult a social security lawyer to understand how that sale may affect your benefits.