Orlando social security lawyer

Q: Can you appeal further if you are still not awarded social security disability benefits when your case is heard by an administrative judge?

A: You can appeal further, if you do not agree with the decision given by the judge for your case. You can submit a request to have the Social Security Council of Appeals conduct a review of your claim. There are a few things that can happen once you request the review. The council may look at your claim and deny any further review, if it believes the decision given by the judge was correct. It may decide the case needs to go through a second hearing and will send the case back to the court to have it heard by a different judge. The third outcome for your social security disability case could be a review and new verdict decided upon solely by the Appeals Council. If you are still denied after a review by the Council of Appeals, you can take the next step of filing a lawsuit with the Federal court. Most social security disability claims are represented by an attorney once they reach the hearing phase. Those who were not represented by an attorney when their claims went through the hearing would be wise to contact one before any request for review is filed.

Q: How long does it take for a decision to be made once you file for social security disability insurance?

A: Most claims take about three to six months to get through the initial review process. That being said, many cases take longer. The main thing that stalls claims in the initial review process is a wait for medical records. A large number of claims are denied social security benefits after the initial review process. Those claimants will then need to appeal to have their claims reconsidered. Claimants denied after reconsideration can file an appeal to have their claims heard before an administrative judge. By the time a case makes it through the hearing process, it may have been in the system for years. Each disability case is unique, which is why it is challenging to estimate the length of time it will take for a claimant to have a decision. There are always a few relieved claimants whose applications are approved after being initially reviewed within a few months.

Q: Can you apply for social security disability insurance online now?

A: Social Security accepts applications for disability through their web site, and you can download all related required forms online too. Got to the official government Social Security site (http://www.ssa.gov) and click the “Disability” tab at the top of the page.

Q: Can it hurt your case, if your treating physician does not support your decision to apply for social security benefits?

A: You need a physician who is supportive of your decision to file for disability. He or she will be asked to write a statement that explains your injury, your prognosis and your resulting employment outlook. The disability examiner will be influenced heavily by the supporting materials from your doctor. A cooperative doctor will also be more likely to assist in obtaining medical records on time. If your doctor does not support your decision to file for social security benefits, find one who does. If your doctor becomes unresponsive after you have already submitted your application, find a new one. It may seem like a difficult task, but it will be time well spent. There is too much at stake to not have a doctor on your side. It is almost impossible to win a social security benefits claim with an unresponsive or unsupportive physician.

Q: Can forgetting to respond to a letter or notice affect your chances of being awarded social security benefits?

A: Yes, missing deadlines or ignoring notices can adversely affect your social security disability case. You should always respond promptly to anything you receive regarding your social security benefits claim. You will receive a letter in the mail when your court date is scheduled for a hearing, for instance. Missing a court date can put your claim in jeopardy. Another example would be not opening a request for a medical examination. Just like not appearing for a hearing, ignoring a consultative exam letter will only stall the review of your social security benefits claim and may even mean you lose your case. Act and reply in a timely manner whenever you are sent anything from Social Security. And be mindful of all deadline for appeals, as well.

Q: Does Social Security deny every claim when it is initially reviewed?

A: No, not every application is denied when it is reviewed the first time. It is true that a large percentage are not awarded benefits after the initial review. There are many causes for this. Many applicants apply incorrectly or incompletely. Others apply over and over again, instead of filing an appeal. There are claimants who are awarded benefits after the initial review process. There are even more who win benefits after they are heard before an administrative judge. If you have any concerns about providing supporting documentation for your application or meeting deadlines, you may wish to contact a social security attorney.

There are many veterans in our country that have no idea that they could be receiving benefits. While some feel like leaving the past behind them, so to speak, others do not even realize that there may be reason for them to receive benefits. Obtaining benefits from the VA can sometimes be a difficult and long process that sometimes does not seem worth the effort. But injured or disabled veterans have a right to benefits, and so should look into the process for obtaining them.

Q: How does a veteran know if he or she should be getting benefits? Who is qualified to receive benefits?

A: There are three key factors in determining if you might be eligible to obtain VA service connected disability benefits. First, you had to have served in the Army, Coast Guard, Navy, Marines, or Air Force. Secondly, you must currently suffer from a disability which began during your years of service, or began before hand and was worsened by doing service. This could be anything from High Blood Pressure to certain types of cancers as well as many other disabilities depending on when and where you served. Lastly, you need to show evidence that your current disability is connected to your military service.

A good illustration of this kind of injury is if you injured your knee while hiking with your some friends while on leave from active duty. Because of the injury you now need a knee replacement or surgery, even if its years later. This can be service connected because while you were in the service you had an accident, incident, or illness. And in addition to the surgery, the incident has caused other problems that you need taken care of.

Q: But how will receiving benefits from Veteran Affairs really help me?

A: If you are successful in being service connected for your disability you could receive a monthly benefit and you become eligible for medical care at your local VA facility. The amount of your monthly benefit will depend on your percentage of service connection granted.

Q: If I am currently service connected and I have hearing loss at 10% and PTSD at 30% why am I only considered 30% service connected?

A: Veteran Affairs uses a rating schedule that uses the severity of your disability to tell them what percentage service connected disability to award you. Rather than using math to determine these percentages, they use a rating chart to give you a total final percentage, or rating. Because determining a percentage of service connection is quite complex, if you feel that the percentage awarded you is insufficient for your disability, you should speak to a professional about your options.

Q: My cousin has obtained a 65% service connection for the exact same disability I have. Why?

A: This happens because Veteran Affairs determines all service connection percentages individually, based on the severity of a veteran’s disability. It is important to remember that the VA uses a rating schedule to determining the percentage and, therefore, the amount of benefits an individual receives.

Q: Can I still work and receive VA service connected disability benefits?

A: You can. Unlike with Social Security Disability, the disability benefits you obtain from Veteran Affairs are not affected by working. If you obtain benefits for a service connected disability, but are still able to work, then you are entitled to keep working and receiving benefits. Your disability benefits are not reduced or annulled if you are earning an income.

Q: Can I obtain benefits from both Social Security Disability and the Dept. of Veteran Affairs? A: You can. While Social Security Disability does gauge your earned income when determining your SSD benefits, your VA benefits are not considered earned income, and so will not get in the way of your SSD benefits.

Q: My spouse, who was in the service and getting benefits from the VA for a service connected disability, has passed away. Am I eligible to get his or her VA benefits?

A: There are benefits for surviving spouses and dependent children. Each situation is different so this is something that you should consult with a professional about.

Q: How do I file a claim?

A: Veteran Affairs has laws to follow called “Veteran Friendly Laws.” It is the responsibility of Veteran Affairs to help you apply and file a disability claim, as well as take you through the benefits application process. There are many independent organizations to help, and every U.S. state has a Regional Office where you will receive assistance free of charge. You can find your local VA Regional Office as well as Veterans Service Organizations on the VA website at www.va.gov.

Q: Can I employ a lawyer to help me?

A: Veteran Affairs has some laws that help a lawyer to know when he or she can represent you for a fee, and when he or she cannot. Some attorneys will represent you on a Pro Bono basis, meaning they wont charge you, and others will have you sign a Contract with a fee stipulation. You should contact a local attorney’s office for more information and specifics regarding your claim.

Q: I am already receiving VA service connected disability benefits, can I receive anything else?

A: This depends on your situation. If, for instance, your service connected disability has grown in severity since you began receiving benefits, you can apply for an increase in your percentage or rating, which will also increase the amount of your monthly benefits. Veteran Affairs also provides expanded benefits to those veterans who cannot work due to their service connected disability. If this is your situation, there is a second application that you need to fill out in order to apply. If you feel you are unemployable and should be receiving higher benefits you should contact a VSO or an Attorney to answer your questions and possibly assist you in obtaining these benefits. Veteran Affairs also provides additional benefits to those veterans who, due to their service connected disability, are mostly homebound and cannot care for themselves. This is called homebound compensation. This is an option to consider if you feel you need assistance to care for yourself.

Because each claim is different, getting the benefits that you are entitled to can be a complex and confusing process. The Dept. of Veteran Affairs website is full of information to help you understand what VA benefits might be available to you, and how to get them. If you are a veteran and you were injured in any way or your disabilities that you had before going into the service were aggravated in any way please look into your options. You served for our country and you may be entitled to veterans benefits.

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. Submitting an appeal to have your claim reconsidered is your next course of action. Most cases are still not approved when reconsidered. After the reconsideration phase, the hearing phase is the last step. 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: If you would like to hire a social security attorney, what things do you need to know?

A: If you know someone who was happy with an attorney they hired for a disability case, this is the best place to start. 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. 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. 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: Is it wise to submit a new application if you were not approved for disability insurance?

A: If your application was not approved after the initial review process, do not submit a brand new application. 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. 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: Can you do anything to give your disability claim the best chance of receiving benefits?

A: Although most disability applications for social security benefits are not approved after the initial review process, there are definitely some things you can do to make sure you give your case the best foundation. Having a doctor who supports your decision to file for disability is integral to helping your case. The disability examiner for your case places a lot of value on the statement provided by your doctor. Delayed receipt of medical records is one of the main reasons disability claims get hung up in the review process. Always make sure the disability examiner for your claim has the most recent and complete records for all your medical treatments and history. Do so again when having your case reconsidered or requesting to have it heard before an administrative judge. Always be cordial and polite when dealing with Social Security. The representatives want to reach a social security benefits decision as quickly as possible, so are not working against you. Claimants who are pleasant, responsive and helpful are much easier to deal with than those who are not. The fourth way to help your claim is to always meet required deadlines. Make sure you keep track of where your claim is in the social security benefits process and understand the required paperwork and deadlines. Many people find the claims process for social security benefits confusing and daunting. If you fear you cannot properly apply or respond to requests, you would be wise to consider hiring a social security attorney.

Q: What should the statement from your doctor say when applying for social security disability?

A: The letter your physician provides for your social security benefits file will need several components to solidly support your claim. The statement should start off by detailing your medical condition. Secondly, your physician should explain how your condition affects your activity and ability to work. Lastly, the statement should provide a prognosis for your specific situation.

Q: Are reconsideration and appeal the same thing in the social security benefits process?

A: Both are part of the appeals process. If your application was denied and you wish to continue further, your next move is to have your case reconsidered. Paperwork for reconsideration has to be filed no later than sixty days after your claim denial. If your claim is not awarded benefits after reconsideration, your next step is to request a hearing. Some states may be skipping the reconsideration process right now, so check with your claims representative to see whether you should file for reconsideration or move on to the hearing process.

How Much Service Is Required? - 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, a veteran who was enrolled for the fist time after (or on) Sept. 8, 1980 will need to have completed a minimum service period, which should amount to either twenty-four continuous months of active duty or the entire period that individual was called for 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.

The Keywords: Tampa social security lawyer

Q: SSA says I am no longer disabled and wants to cut off my social security benefits. What do I do?

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. The SSA will do periodic reviews of your case to determine the current level of your disability and qualification for social security benefits. 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. At some point during the review process, it is possible for the SSA to decide that you are no longer disabled, and no longer qualify for benefits.

Another reason benefits may be discontinued is if you have not been evaluated by your physician in quite some time. Remember, qualification for social security benefits is heavily dependant on documentation. Your benefits could be in jeopardy if you have not provided the required or current documents for your file. If you are working and are earning above the minimum sustainable amount, your benefits could also be discontinued. If you disagree with the evaluation of your case, it is important that you talk to a social security lawyer immediately.

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

A: Not usually. While the SSA will provide social security benefits to the spouse of a disabled person who qualifies for social security, there are strict conditions. Normally, benefits are not offered unless the caregiving spouse is responsible for the care of a dependent under 16 (or disabled) child.

Other aid programs and assistance for caregivers can be obtained, though. Most of these, such as Medicaid, require you to meet certain qualifications and complete training. If you have any questions or concerns about caregiver benefits, it may be helpful to speak with a social security attorney.

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

A: Not in all cases. The VA and the SSA work with completely different systems in determining disability. While the VA may consider you fully or partially disabled, that may not translate to qualifying for social security benefits. 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.

Q: When should I expect to actually start receiving benefits payments for SSDI?

A: You are not eligible to start receiving social security disability benefits until you have been injured for five months. The way the billing cycles work, though, you will not actually receive your first benefits check until six months after the date of onset of your condition. If you are awaiting back pay benefits, they are usually paid within 2 months of approval. Please note that you will not be given backpay for the 5 month waiting period after your onset date. A social security lawyer can be of valuable assistance, if you wish to apply for retroactive benefits or have not yet received your anticipated first benefits check after your 5 month waiting period.

Q: Will your dependents also receive disability payments?

A: Certain family members may be eligible to receive benefits, as well. Unmarried children under the age of 18 are eligible. If your child is a student, he is eligible until he turns 19. If your husband or wife is 62 or older, he or she might be eligible for benefits. Your spouse might qualify, regardless of age, if he is supporting your children who are 16 or younger. The payments your eligible dependents can get each month may be up to 50 percent of your benefits rate. If you are unclear about how to apply for benefits for your dependents, a social security lawyer can assist you.

Q: When you are currently receiving social security disability payments and your file is reviewed, what does it mean?

A: Social Security conducts regular reviews of all disability cases that were awarded benefits. When your claim is approved, a review schedule is set and is dependent upon the particular details of your condition. Most reviews are usually conducted every one, three, and seven years. Many state social security agencies have a bit of a review logjam right now, which means that many reviews are not happening on the one, three, seven year timeline. Because of that, you should be ready for a review at any time. The purpose of the reviews are to make sure that Social Security has the most current information about your medical and employment situation. Disability examiners are interested in determining whether your injury has improved, worsened or remains the same. If you are concerned about the results of a recent review of your file, it may be wise to seek the counsel of a social security lawyer. A social security lawyer will know how best to approach any resulting requested medical exams or reevaluation of eligibility for benefits.

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. 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 there is a chance that the condition will improve, a review will be done in 3 years. If the member is determined to have a permanent medical condition, the review will be undertaken after 5 to 7 years have passed.

The review will be conducted by the Disability Determination Services department of the Social Security Administration in order to find out if the member should go on receiving 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 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 there is currently no provision in the SSA that will directly pay you to care for your disabled spouse, you may be eligible to receive certain benefits once your spouse receives Social Security benefits. 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.

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. Therefore, while you may be eligible for benefits under the VA system even if you are only partially disabled, there is still a chance that you may be turned down by the SSA.

Q: Is there anything you can do to increase the likelihood that your disability claim with social security will be approved?

A: You can absolutely assure that your disability application has the best chance of being awarded benefits as possible. Having a doctor who supports your decision to apply for disability benefits is the most beneficial thing you can do to assure your claim is considered fairly. The claims examiner will place a lot of importance upon the letter your physician will be asked to write detailing your condition and how it affects your ability to work. Without the support of your physician, your case will appear weak. If you have a supportive physician who believes in your decision to apply for disability, submit your application and assure that you have completed the forms thoroughly and accurately. You will add time to the already lengthy process and put your chance of approval in jeopardy, if you have not submitted everything correctly. Similarly, do not miss any deadlines. Take charge of making sure all records regarding your medical condition have been received by your disability examiner. Lack of medical records is the number one cause of delays. The examiner for your case will not be able to adjudicate your claim if he or she does not have current and thorough medical information. Make sure you are courteous and helpful to the people who are dealing with your case. Representatives will be much more likely to help you know where your claim is in the process and what items might be missing, if you are helpful and courteous. If you have any concerns about being responsible for any aspect of your claim, you may wish to contact a social security lawyer. And if, in spite of your best efforts, your claim was not approved after the initial review process, it may be wise to seek counsel from a social security lawyer. Having an attorney on your side for the reconsideration and hearing processes will be extremely helpful.

Q: What do you do if your application for social security benefits was denied?

A: Submitting a request to have your claim reconsidered is the next course of action after your initial claim was not approved. You must apply to have your case reconsidered no later than sixty days after your case received denial. If you do not submit it within 60 days, you will likely have to start at the initial application phase once more. Many claimants who did not have a social security lawyer for the initial review process choose to hire one at this point. Most cases that are reconsidered are still not approved. The next step after reconsideration is to have your case heard before an administrative judge. A social security lawyer is extremely beneficial during the hearing process. The majority of claims that are awarded benefits during the hearing process have been represented by an attorney. Check with your claims representative if your initial claim was not approved and you plan to have it reconsidered. Some states are testing a process that does not require the reconsideration step. A social security lawyer can be your best advocate, if you have concerns about the claims process.

Q: Are you allowed to submit disability applications via the web?

A: You can apply for social security disability via the web. Go to www.ssa.gov/applyfordisability and you will find instructions for applying.