Social Security Lawyer and Disability Benefits Advice
02/02/10
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. 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: If you receive workers compensation benefits, you are still eligible to receive Social Security Disability benefits. You can collect both workers compensation and Social Security Disability benefits, up to a maximum of 80 percent of your highest 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. 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. 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. Your Social Security benefits would be reduced to $1500 to meet your 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). Any changes to your workers compensation can affect your social security benefits.
Q: Are my Social Security benefits contingent upon my assets?
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. It is a benefit that is earned. 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). 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. Your disability examiner should not request that you have a consultative examination (CE), unless he could not gather enough information about your case. Perhaps the examiner needs a more recent exam than what was provided in your medical history. The medical specialist that provides the CE will be able to provide an updated profile of your condition. 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 feel like you have been unfairly subjected to multiple examinations, contacting a social security lawyer might provide some insight into how and why certain examinations may or may not be needed.
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