Social Security Lawyer Claims Counsel

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. 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: Yes, you can apply for Social Security Disability, even though you are on workers compensation. You can collect both workers compensation and Social Security Disability benefits, up to a maximum of 80 percent of your highest 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. 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: Are my Social Security benefits contingent upon my assets?

A: The disability benefits awarded to you under Social Security should not be influenced by your assets. 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. It is a benefit that is earned. Your assets, therefore, should not affect your benefits. 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. 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.) 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. 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.