Should I Hire a Social Security Lawyer to Help with My Claim?
12/25/08
Filing for Social Security Disability benefits can be a daunting process Educating yourself about the process is wise, regardless if you plan to hire a social security lawyer or do it yourself. The following are frequently asked questions about applying for Social Security Disability benefits.
Q: I am 10 percent disabled through workers compensation. Can I get Social Security benefits?
A: Yes, you can apply for Social Security Disability, even though you are on workers compensation. You are entitled to collect benefits from both, but cannot exceed 80 percent of your estimated annual income average. The average income of every applicant is different. Because of that, some applicants are eligible to receive only partial Social Security disability benefits, while others may be eligible for full benefits. Your Social Security allotment will be decreased to meet that 80 percent limit, if the combined total of your workers compensation and social security benefits are more than your income average limit. Say that your monthly average income was $5000, your 80 percent maximum monthly cap would be $4000. You may be eligible for $2500 per month in Social Security Disability, but already receive $2500 each month in workers compensation. The monthly disability benefit from Social Security would only be $1500, so as not to exceed the 80 percent cap of $4000.
If there are any changes to the amount of workers compensation benefits you receive or if you receive them as one large payment per year, please contact the Social Security Administration or get help from a social security lawyer. Your Social Security allotments are often affected when the amount or method of payment of workers comp is altered from when you originally applied.
Q: Will my assets affect my receiving SS benefits?
A: Your assets should not affect your Social Security Disability benefits. Disability benefits are contingent upon what you put into Social Security when you were working and the duration of your tenure in the workforce. You earned the benefits through prior contributions. You should receive the same amount of benefits, regardless of your assets. If, however, you are applying for the Supplemental Security Income (SSI) program, your assets will affect those benefits. All assets are factored in when the Social Security Administration examines eligibility for SSI, since those benefits are contingent upon need.
If you are unsure how to report your assets or confused about whether you qualify for SSD or SSI benefits, contact a Social Security claims representative or seek advice from a social security lawyer.
Q: SS wants me to see one of their doctors. Do I have to?
A: Not in all cases. The disability examiner for your case may not feel he has enough background on your case and wishes for you to undergo a consultative exam (CE.) Perhaps the examiner needs a more recent exam than what was provided in your medical history. The doctor performing your consultative examination does so simply to provide the most current medical information about your case. The CE will be looked at in concert with your other medical records. The Social Security Administration will pay for your CE. If you believe you and your medical practitioners have provided the most current and thorough information about your case and you do not wish to undergo a CE, contact your Social Security representative. If you are confused about next steps to take, you may wish to contact a social security lawyer.
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