Social Security Benefits and Using a Social Security Lawyer
View PDF | Print View
by: albert.tobega
Total views: 53
Word Count: 600
Filing for Social Security Disability benefits can be a daunting process Whether you are navigating the waters yourself or have sought the counsel of a social security lawyer, it helps to have as much information as possible on your side. Some common questions about filing for disability through the Social Security Administration are included below.
Q: Am I eligible to receive Social Security disability benefits, if I currently receive workers compensation 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. If your combined workers compensation and social security benefits exceed that 80 percent maximum, your social security benefits will be reduced to meet that limit. Say that your monthly average income was $5000, your 80 percent maximum monthly cap would be $4000. If you are currently receiving $2500 per month in workers compensation, and are eligible for $2500 in Social Security benefits, you would be exceeding your 80 percent limit by $1000. The monthly disability benefit from Social Security would only be $1500, so as not to exceed the 80 percent cap of $4000.
Consider consulting a social security lawyer or a Social Security representative, if any of your current workers compensation benefits are increased, reduced, or paid via one large sum (instead of in installments). 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: Are my Social Security benefits contingent upon my assets?
A: Your assets should not affect your Social Security Disability benefits. Social Security Disability benefits are awarded based on how long you were in the workforce and how much you paid into the Social Security system. 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: Is it a requirement for me to see one of the Social Security doctors?
A: Not necessarily. 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 should not be given more weight than previous examinations provided by your other doctors. The Social Security Administration will pay for your CE. Contact your case representative, if you feel you should not have to go through another exam. If you are confused about next steps to take, you may wish to contact a social security lawyer.
About the Author
Find more information on social security disability, go to orlandosocialsecuritylawyer.theblogboy.com.
Rating: Not yet rated