Social Security Benefits and Using a Social Security Lawyer
Posted 04/21/09
Applying for disability with the Social Security Administration can be confusing and challenging. 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: I am 10 percent disabled through workers compensation. Can I get Social Security benefits?
A: If you receive workers compensation benefits, you are still eligible to receive Social Security Disability benefits. You are entitled to collect benefits from both, but cannot exceed 80 percent of your estimated annual income average. Your 80 percent limit may be higher or lower than that of someone else, since the annual earning history of one person differs from that of another. That means one worker may have a high enough cap to collect full benefits, while another may not. 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. For example, if before you were injured, your average monthly income was $5000, your 80 percent cap would be $4000 per month. 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.
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. Your assets do matter if you are applying for Supplemental Security Income (SSI). SSI benefits are awarded based on need, so any income and assets you have must be considered.
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. Your disability examiner should not request that you have a consultative examination (CE), unless he could not gather enough information about your case. If, for example, your doctor cannot provide many details about your condition or you have not received recent care for your treatment, your disability examiner may request a consultative examination. 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. And you will not have to pay for the requested examination. 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.
Similar References
Veterans laywers - Attorneys for social security disability - Veterans disability lawyer -