Do I Need a Social Security Lawyer When They Review My File?
05/11/09
Q: When will I actually start receiving benefits?
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. You are eligible to receive benefits five months after your date of onset. 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. If your disability began before you applied for Social Security disability, you may be eligible to receive back payments. Back payments can be made retroactively for up to 12 months. If you believe you are eligible for back payments, you may wish to seek counsel from a social security lawyer to help you apply for retroactive benefits. Given that the application and review process for claims can be quite lengthy, a good number of claimants are awarded benefits retroactively.
Q: Will my children receive benefits? 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. Your child must be unmarried to qualify. He cannot be older than 18, unless he is a student (students cannot be older than 20 to be eligible.) If you currently receive Supplemental Security Income (SSI) benefits, your dependents are not eligible to receive benefits under your claim. 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?
A: If you are currently receiving Social Security Disability Insurance benefits, your file will be reviewed periodically. Social Security is entitled to conduct a review (called a Continuing Disability Review) as long as you continue to receive benefits. The CDR is undergone to update your file with the latest medical records and to determine if your condition has improved significantly. CDRs are described as being done a year after approval, then three years and seven years after. Given current backlogs, your file could be undergoing a CDR at any point. You will maintain your benefits, until your injury has changed or you are able to work enough to bring in at least $940 monthly income. If you receive Supplemental Security Income (SSI) benefits, you would stop receiving payments once your income level exceeds the limit for eligibility. You may wish to seek the counsel of a social security lawyer, if you have any questions or concerns about returning to work while currently receiving benefits.