A: Having a legal representative does not guarantee that your claim will be processed any faster. But the likelihood that your claim will be awarded benefits can increase if it is represented by a social security attorney. Some cases are approved after the initial review process. But most claimants will be denied benefits after the initial review process and will then wish to move onto the next step in the process. The next step would be to appeal to have the case reconsidered. The majority of claimants will still not be awarded benefits during reconsideration and will likely wish to take the next step, which is a hearing. A social security attorney will be a tremendous asset during a hearing. The knowledge and expertise provided by an attorney who deals with disability cases regularly will assure that your case will be adjudicated fairly and properly. You do not need to be represented by a lawyer to go through the hearing phase. But most claims that are awarded benefits after a hearing have had legal representation. A lawyer will make sure that your case is given the best chance it can to be awarded benefits, but he cannot necessarily speed up the process. The outcome that matters most is being approved for benefits, not how fast your case was reviewed.

Q: Do you have to have a social security attorney that lives in your town?

A: The lawyer you hire is not required to be local. Many attorneys handle cases all over their states and will drive to meet their clients. Your time would be better spent on locating a social security attorney that has the expertise and institutional knowledge you feel would best suit your needs, than on locating one who is geographically near you.

Q: If you are awarded disability benefits after a hearing, when do you actually see your first check?

A: Although you had to meet some required timelines when you filed various forms during the claims process, the SSA does not have any timelines for your payments to begin. That being said, the majority of people receive their first benefits check within 60 days after they were approved. Retroactive benefits may take a bit longer.

Keywords in this article: Social security help

A: When applying for Social Security (whether you work with a social security lawyer or navigate the process on your own), you need to keep in mind the differences between Social Security Disability Insurance and Supplement Security Income, or 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. Because SSI is considered to be a need based program, dependant benefits are not offered.

If you are approved for Social Security Disability Insurance benefits, on the other hand, it is possible to obtain benefits for minor children in some cases. Whether or not your children will receive benefits depends on your earnings records. Not all of those who apply for Social Security Disability Insurance Benefits qualify for dependents’ benefits. Those with a short work history may not qualify. For more information, speak with a social security lawyer.

Q: If I have money in my bank account, can I be approved for SSI benefits?

A: Any social security lawyer will tell you: because SSI is a need based program, all resources and income will be counted towards qualification. Those that qualify for SSI must earn little money and have few assets. Every state in the U.S. has its own general rules about qualification for SSI, and a social security lawyer should be able to help you with the general rules behind what is considered a “resource” in your state.

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
• Real Estate
• Life Insurance
• Cars, Trucks, and Other Vehicles
• 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 general you must have less than $2000 in the bank for an individual, or $3000 for a couple, to qualify for SSI. 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: Like with most social security questions, the correct answer to this varies from person to person, and it is a good idea to consult a social security lawyer. 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. And if that money stays in your possession into future months, your approval to receive SSI benefits may be questioned. 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.

A: The main reason most applications are denied is due to insufficient medical data. Some people assume certain injuries speak for themselves, but thorough medical proof is needed for all claims. In some cases, the treating physician did not provide enough information to show how the condition negatively impacts the work capacity of the claimant. In order to receive approval, an application for social security disability benefits must provide evidence that the injury of a claimant prevents him from working in previous fields of employment, as well as other qualified work possibilities. Regardless of your condition, the disability manager examining your file will not understand the full picture if you have not provided complete medical records or information from your treating physician. Make sure you seek treatment for your condition and that your disability examiner has the most current and thorough information about your case. Strong medical proof will give your claim the best chance of approval.

Q: If you are in debt, are the social security disability payments you receive in jeopardy of being taken away by a collection bureau?

A: If you currently receive supplemental security income payments, no creditor can touch those payments. Those who collect SSDI payments, however, are not immune from all collections agencies. If you are in financial trouble with businesses, credit card companies, mortgage companies, etc, they cannot touch your payments. Government entities can collect your benefits checks, however. If you owe the government for back taxes, for example, your debt can be collected from your social security disability checks. The only other agencies who can collect your benefits checks are those handling your delinquent child support or alimony payments.

Q: If you are a landlord, will that negatively impact your ability to collect social security disability benefits?

A: Only your ability to earn a working wage affects determination of social security disability benefits. Rental income and other investments will not be a factor in this determination. If, however, you are applying for supplemental security income benefits, rental payments and other investments are a factor. Only those with limited financial resources are eligible for Supplement Security Income benefits.

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. How long you have been employed, your income record and accumulated work credits are all factored into your qualification to receive SSDI benefits. 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 can be awarded, regardless of work history. 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: Should I hire a social security lawyer if my application for disability was not approved?

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. The next step after reconsideration is to request a hearing for your case. 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: A social security lawyer will make sure that all forms are completed appropriately and on time. That being said, you should understand and know what paperwork is required. You should communicate with your lawyer frequently. 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.

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. They consider a person to be working any day that he or she “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. If that income goes over the predetermined substantial gainful activity (SGA) level, the SSA may consider it a substantial income. 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: According to the Social Security Administration, if a person who may be eligible for social security benefits dies (this includes Supplemental Security Income), their survivors may apply for a Lump Sum Death Payment. This means that, if you were to die in the process of applying for social security benefits, your survivors may make a case for the social security benefits you may have earned after the waiting period. To do this, surviving family members need to prove that their deceased relative did or could have qualified for social security benefits in the month that they died.

Lump Sum Death Payment of social security benefits is available only to particular surviving family members. 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. In general, for family members to receive survivor’s social security benefits, ten or so years of work will be needed (though this does vary). 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 spouse aged 50 or over
• Children less than 18 years of age (or as old as 19 if they still attend secondary school)
• Children of any age disabled before the age of 22
• Dependent parents over 62 years of age.

A: As soon as your injury prevents you from working, you can file for social security disability insurance. You are eligible if your injury will keep you from working for at least 12 months. You should apply for social security disability as soon as possible, since it can take quite some time for the Social Security Administration to review your claim. If you are awarded social security disability insurance, you may be eligible for retroactive payments. Regardless of how quickly your application is processed, you will not be able to receive benefits until 6 months after your date of onset. You will not be awarded retroactive benefits for that period of time.

Q: How do I apply for social security disability insurance?

A: To submit a claim for social security disability, first contact your local Social Security office or apply online via the main Social Security web site. An interview with your claims representative will be scheduled. That interview can be done in person or via telephone. Your claims representative will be your point of contact through the application process and will assure that you fill out the appropriate paperwork. If you are unsure if you qualify for SSDI (social security disability insurance) or SSI (supplemental security income), your claims rep can help you. That representative can assist you with any submission for retroactive payments of social security disability, if applicable.

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

A: A fair number of applications for social security benefits are not approved. But there are many things you can do to increase the chances that your claim is awarded. The most important thing to do is assure that you have submitted your paperwork correctly. By staying in touch with your claims representative, you can easily know if anything required is missing. The next step is to assure that your doctor is on your side and backs your decision to file for social security disability benefits. A detailed letter about your condition written by your treating physician is an asset to your file. The third thing you can do is to make sure your most recent medical records have been submitted for your claim. Waiting for requested medical files is the number one reason most claims are delayed. Lastly, be cooperative, meet deadlines and check in on your file. Finally, make sure you do not miss deadlines for paperwork, keep in touch with your claim representative to know where your file is in the process and always be courteous (no matter how frustrated you may get at times.)

A: If you were denied benefits after you applied for disability, you do not need to hire a social security attorney to appeal. A fair number of people who wish to appeal their cases, however, obtain the services of an attorney at this point. 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. 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. To have your case heard before an administrative judge, it is not mandatory to be represented by a lawyer. Nevertheless, most claimants that win after a hearing have a lawyer.

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. 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. Once you find some attorneys, make a list of basic questions you plan to ask any candidates. First, find out what percentage of cases the lawyer handles are disability cases. Having a lawyer who deals with your type of cases a lot will be beneficial. 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. Ask the candidate to explain how the disability process works. Then get specifics on the issues the lawyer sees with your particular case. It is generally not helpful to ask how many cases an attorney has won. 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: It is generally not a good idea to simply apply again after you were initially denied. Your next step is to file for reconsideration. You must submit your appeal within 60 days of the date when your initial application was denied. 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.

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.

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.