Do I Need a Social Security Lawyer?
02/22/09
Q: When will I receive my first check?
A: If your application for Social Security disability is approved, the state Social Security board will determine a "date of onset," or a date when you were no longer able to work because of your disability. Five months following that determined onset date, you will be allowed to collect your first benefits. But, benefits are paid at the end of each eligible month, so you will not receive your first payment until six months after your date of onset. No benefits will be paid for those first five months. It is possible to be paid retroactively, if it is proven that your condition was present prior to your application for disability benefits. Back payments can be made retroactively for up to 12 months. If you need assistance applying for or determining if you are eligible for retroactive payments, it would be helpful to contact a social security lawyer. Given that the application and review process for claims can be quite lengthy, a good number of claimants are awarded benefits retroactively.
Q: Are my dependents eligible for benefit payments? A: Whether or not your children receive benefits will depend upon how much you contributed to Social Security prior to being injured. Your child may be entitled to receive monthly benefit amounts of about 50 percent of your full monthly benefit amount. There is a cap on the amount for which dependents are eligible. And again, how much your dependents are eligible to receive is based on your Social Security earnings history. To be eligible, a child cannot be married. He cannot be older than 18, unless he is a student (students cannot be older than 20 to be eligible.) Your dependents will not qualify as part of your benefits, if you collect Supplemental Security Income payments. A social security lawyer can be a good advocate, if you are confused about family benefit limits or dependent eligibility.
Q: What happens when Social Security reviews my file?
The administration does evaluate your records from time to time. Social Security is entitled to conduct a review (called a Continuing Disability Review) as long as you continue to receive benefits. A periodic CDR will give the disability examiner current information on your medical condition, treatments and status. The Social Security Administration is supposed to do the reviews every one, three and seven years, but they currently have quite a backlog. Given current backlogs, your file could be undergoing a CDR at any point. Benefits typically continue, unless you return to work and earn more than $940 per month, or your medical condition has improved significantly. If you receive Supplemental Security Income (SSI) benefits, you would stop receiving payments once your income level exceeds the limit for eligibility. If you are confused about returning to work in some capacity and how that may affect your benefits, it would be wise to contact a social security lawyer.
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