When you apply for Social Security disability benefits, a Winterhaven Social Security attorney might discuss three areas that have the potential to cause problems. Prior to providing testimony at your Social Security disability hearing, ensure that you consider these three problem areas. Then, discuss these particular issues with an experienced Social Security disability lawyer.
If you are applying for disability benefits, a Winterhaven Social Security attorney can advise on whether or not you are eligible.
What Qualifies an Individual?
Not all applicants for Social Security disability will qualify for benefits. The main factors that eliminate candidates are if they have not worked long enough or recently enough. These candidates may be able to gain some benefits under the federal Supplemental Security Income (SSI) welfare program.
To receive SSI disability benefits, a Winterhaven Social Security lawyer knows that you must meet the following criteria:
Meet the Social Security disability program definition of “disabled”;
Meet the SSI program asset and income requirements;
Be a US citizen or qualify for one of the exceptions to the citizenship rule; and
Fill out an application.
Fulfilling these requirements is the start of the process. Determining the amount you will receive varies from individual to individual.
A Winterhaven Social Security attorney knows that you are limited to $2,000 in individual assets and $3,000 in assets for a couple. Some assets can be excluded, however, such as your home’s value and your car’s value.
If your monthly countable income is greater than the monthly SSI benefit amount, you will not be eligible for SSI benefits. Even if your income is less than the monthly SSI benefit amount, a Winterhaven Social Security lawyer knows it affects how much you will receive. The more countable income you have, the less you will receive in benefits. There are exceptions of types of income that will not count towards countable income, such as food stamps, grants and scholarships, government assistance and factoring dependents who live with you.
If your Social Security benefits are low enough, you may qualify for SSI as well as Social Security disability insurance (SSDI) benefits. A Winterhaven Social Security attorney can advise you regarding the specifics of your case.
Talk to a Winterhaven Social Security Attorney
For more information on whether you qualify and how much you can expect to receive, contact the attorneys at Kaylor, Kaylor & Leto at (800) 900-7734.
If you are not satisfied with the amount of time the physician spent with you during your consultative exam or you believe the doctor did not perform a thorough examination or adequately listen to your complaints, you should immediately contact the Social Security Administration. Your complaint should be made to either the administrative law judge or the disability examiner for your case. Your compliant should also be written down in a letter to be included in your case file. Your Lakeland Social Security lawyer can provide assistance with writing this letter.
Your Lakeland Social Security attorney will advise bringing a family member or friend to act as a witness during your exam. He or she can accompany you to the examination room and take note of the beginning and ending time of the exam as well as what the physician did.
Unfavorable Exam Results
If the SSA consultative physician does not agree with your physician, your Lakeland Social Security attorney can request that your doctor address any medical issues the consulting physician raised. The SSA should accept your physician’s opinion provided he or she presents a credible reason for the differing conclusions reached by the consulting physician.
In the case of an unclear consulting physician’s report, your attorney may talk with the doctor in an attempt to clear up any ambiguities or problems. The law judge can then send the consulting physician questions your attorney has prepared in order to obtain a written clarification of his or her examination report.
If necessary, your Lakeland Social Security lawyer may subpoena the consulting physician in order to cross-examine her or him at your hearing.
Obtaining Legal Help
The attorneys at Kaylor, Kaylor & Leto have the experience and knowledge to assist you even in the face of a less than favorable consultative exam. Please contact them at 1(800) 900-7734 to request a free consultation.
Insurance companies are often seen as bureaucratic black holes of paperwork. Once you submit a personal injury claim for an accident in which you have been involved, you might wonder what exactly happens with that claim. Here is an overview of the typical process that personal injury claims undergo once they are submitted to the insurance company. A Tampa personal injury lawyer can explain this in more detail to you.