Seek Counsel from Social Security Lawyer
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: 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 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. 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. Your Social Security benefits would be reduced to $1500 to meet your 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. It is a benefit that is earned. 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. SSI benefits are awarded based on need, so any income and assets you have must be considered.
A social security lawyer may be a good resource, if you are unclear about the affect your particular assets may have on your SSD or SSI benefits.
Q: SS wants me to see one of their doctors. Do I have to?
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.) 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 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. The Social Security Administration will pay for your CE. 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.