Archive for October, 2009

Should You Meet with Social Security Attorney Prior to Initial Application Interview?

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

A: Your disability application interview will be set up shortly after you submit your application for social security disability. The purpose of the interview is to provide the disability examiner assigned to your case with the basic background about your case and you. If you have a social security attorney, he or she will help you prepare for that interview. If you do not have a social security attorney, then you will want to make sure you are prepared. Some sort of photo identification, like a drivers license or passport, is required. You will have to answer some questions regarding your identity, if you do not currently possess a picture identification card. Provide a certified copy of your birth certificate. Take proof of marriage, if applicable. If you have children, have supporting documents that confirm their status as your dependents. If you served in the military, bring your separation documents. Years of service can often positively affect your benefit payments. Once all the identifying data has been collected, the interviewer will ask you about your work and injury. Be prepared with supporting documentation about your medical condition. Have a list of your doctors. 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. If you do not plan to hire a social security attorney, then just make sure you have all the supporting documentation necessary to complete that initial interview. By assuring you have all the required documents, you can decrease the chances that your application will be delayed.

Q: What is the next step, if you are not approved for disability benefits through social security?

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 biggest mistake made when a claimant is denied social security disability benefits and files an appeal?

A: The major snare for disability benefits appeals is to miss deadlines. All forms to have a case reconsidered must be received no later than 2 months after the initial claim was denied. The expertise and experience offered by a social security attorney can be invaluable, if you are confused about appealing your claim.

Is There a Waiting Period for Applying for Social Security Disability?

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

A: There are no deadlines within which the Social Security Administration has to process an application for social security disability insurance. Many claimants have experienced years of waiting before their cases make it through the application process. Decisions on other cases can be made within months. The average review time for an initial application for social security disability insurance is three to four months. Numerous things can lengthen the duration for a decision on your particular case.And there are things that you can do to increase the likelihood that your social security disability case does not hit snags that will slow down the process. The number one reason cases are held up is due to a wait for medical records. It is helpful to confirm that all requested medical documents have been sent and received. If a consultative exam is requested, make sure you do it. If you cannot be present at a particular exam, it is important that you reschedule. A decision cannot be made regarding your claim, if the representative handling your application does not have thorough or updated information about your injury. Get in touch with the representative handling your case, if you make any changes to your contact information. And do not ignore notifications or informational requirements sent to you by social security. The representative handling your social security disability application wants to reach a decision too, so be polite and helpful. Finally, be your own advocate and know where your case is in the review process by periodically contacting your claims representative about the status.

Q: Do you have to be out of work for more than five months to submit an application for social security disability insurance?

A: You can submit an application for social security disability if you have an injury and it is expected to keep you from your employment for a year or more. You do not have to wait a certain period of time before you submit an application. The review process for a claim can be lengthy, so it is best to apply as soon as possible. If you are awarded benefits, you will not be eligible for your first payment until after a 5 month waiting period after the date of onset of your condition.

Q: Are you allowed to work part time when you are waiting for a decision regarding social security disability insurance?

A: You are allowed to be employed and receive social security disability benefits. The amount you earn, not the fact that you are working, is what will affect your entitlement to benefits. You cannot earn above the limit Social Security has established as substantial gainful activity. That monthly amount is currently just under $1000 pretax.