why did ssa say i was medically disabled and then my attorney told them to change that?

by Kolby Shields 5 min read

How can an attorney help with my Social Security disability case?

A disability lawyer can give your doctor a medical assessment form to fill out for your specific medical condition that asks the doctor all the right questions about all the limitations you might have. The more limitations you have, the more likely you are to get approved for disability benefits. And Social Security must give a lot of weight to ...

What happens after my Social Security disability claim is approved?

Aug 01, 2019 · What They Say. For new applications: “Benefit Application Under Review: A medical decision has been made and we are working to process your benefit application. A Social Security Representative may contact you or your appointed representative directly if we need any additional documents or information.”. For hearings: “Appeal Under Review ...

Do you have to qualify medically for Social Security disability benefits?

by Tim Moore, Disability Representative in North Carolina. As a former disability examiner who has worked on Social Security Disability and SSI cases, and as someone who has been involved in the representation of disability claimants, I have been able to take notice of the mistakes many claimants make after they receive a denial notification from the social security administration …

Why do people think they can work with Social Security disability?

Listed below are frequently asked questions about Step 4 and Step 5 of the process. We need to find out about your past work to decide if you can still do it. To make this decision, we need to know how you did your job. We also need to know if you learned skills on your job. We need this information to see if you can do any of your past work ...

Can Social Security disability be taken away?

SSDI benefits are only awarded to people who meet the SSA's definition of disabled. If the SSA believes you no longer meet the definition of disabled, they will terminate your SSDI benefits immediately.Jun 5, 2020

What does this mean the disability Determination Service for your state is processing the medical portion of your benefit application?

What Does This Mean? Essentially, this status message means that the SSA has made a medical decision about whether or not you are disabled, but they're not going to tell you what that decision is yet.Dec 31, 2020

Who makes the final decision on Social Security disability?

the Disability Determination Services (DDS)An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

How does Social Security decide if I am disabled?

We consider your medical conditions, age, education, past work experience, and any transferable skills you may have. If you can't do other work, we'll decide you qualify for disability benefits. If you can do other work, we'll decide that you don't have a qualifying disability and your claim will be denied.

What does it mean when SSA says a medical decision has been made and we are working to process your benefit application?

It means you were approved. The non-medical is just an SSI financial review.Aug 1, 2019

What does it mean when it says a medical decision has been made?

Usually, when they send a letter stating they have made a medical decision, it means they have concluded you are medically disabled and are now looking into the financial aspect to see if you...May 9, 2018

What should you not say in a disability interview?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

How long does it take for SSA to make a decision?

about 3 to 5 monthsGenerally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

What is a critical payment from Social Security?

The critical payment--a check is issued by the Treasury Department and received by the individual in 5-7 days. The critical payment process is used for limited situations and the FO should be certain the problem cannot be resolved through routine processing.Jan 8, 2010

How often does Social Security disability review your case?

If improvement is expected, your first review generally will be six to 18 months after the date you became disabled. If improvement is possible, but can't be predicted, we'll review your case about every three years. If improvement is not expected, we'll review your case every seven years.

Does Social Security Disability spy on you?

Unlike private insurance companies the SSA does not generally conduct surveillance investigations, but that doesn't mean that they can't or never will. Once you file a disability claim, the SSA looks for proof of your disability.

What should you not say when applying for Social Security disability?

For example, don't describe yourself as a manager or supervisor unless you had the ability to hire, fire, or discipline employees. This is the case regardless of your job title. Describe exactly what you did in your job—don't talk yourself up or down.

How do I get my Social Security disability check?

At some point after your claim is approved, you will receive a Social Security Disability award letter. This letter should answer most of your questions, including: 1 The amount of your monthly Disability check. 2 What day of the month to expect to receive your monthly check. 3 The amount you will receive in back pay. 4 The date you can expect to receive your back pay.

How long do you have to wait to collect Social Security?

There is a mandatory five-month waiting period before you can start collecting benefits. Basically, the SSA eliminates your first five months of benefits. Now, if you have been waiting a long time for benefits already – more than five months – then you won’t have to wait any longer. That time has already been served.

What is an award letter for disability?

An “Award Letter” will spell out the details. At some point after your claim is approved, you will receive a Social Security Disability award letter. This letter should answer most of your questions, including: The amount of your monthly Disability check. What day of the month to expect to receive your monthly check.

Is retroactive pay owed to everyone?

Retroactive pay is not owed to everyone and is not affected by the backlog of Disability cases. * A caveat: The five month-waiting period. Not surprisingly, there is a twist when it comes to Social Security Disability benefits. There is a mandatory five-month waiting period before you can start collecting benefits.

What does "you did in the 15 years before we decide your case" mean?

This usually means work that: You did in the 15 years before we decide your case, and. Involved significant and productive physical or mental activities done (or intended) for pay or profit, and. You did long enough to learn how to do it.

Can you be disabled from past work?

We need this information to see if you can do any of your past work. Remember that you are not disabled according to our rules unless your illnesses, injuries or conditions prevent you from doing your past work or adjusting to other work. Information about your education and training are also very important to us.

What happens if you say the wrong thing at a disability hearing?

If you say the wrong thing or if your statements don’t match your medical records you will lose the judge’s trust and most likely you will be denied benefits. The following five statements should never be announced at your disability hearing.

What is a disability hearing?

A Social Security disability hearing is your chance to show the judge how your disability affects your daily life and why you are no longer able to work. It is extremely important to be truthful about your daily habits and your disability. If you say the wrong thing or if your statements don’t match your medical records you will lose ...

Why do people say they can work?

Another reason clients tend to say they can work is because of the formality of the hearing. At the start of the hearing, the judge requires you to swear an oath, to tell the truth. People generally do not want to commit perjury.

What happens if you don't follow prescribed treatment?

A judge will take that statement and argue that if you had followed the prescribed treatment then you would not be disabled.

Is Social Security Disability a substitute for unemployment?

This program is not meant to be a substitute for unemployment benefits. The Social Security disability program is in place to assist individuals who are either physically or mentally unable to maintain full-time employment on a regular and consistent basis. Social Security does not care what the job market is like.

Does Social Security care about job market?

Social Security does not care what the job market is like. They don’t care how difficult it is for you to find a job. They simply care if you could perform the job functions required. I know this sounds harsh, but again, this program is meant as disability insurance.

Is it a good idea to not follow a prescribed treatment?

There are better ways to approach the situation rather than saying you don’t agree with what the doctor is saying. That, in and of itself, is not a good reason to not follow prescribed treatment. It goes a lot further with a judge if you follow every recommendation from your doctor and then say that none of it worked.

How long do you have to wait to get Medicare if you get SSDI?

If you get SSDI, you will have a waiting period of 24 months to qualify for Medicare. The 24 months start the day you first qualify for SSDI. So, if your backpay starts two years ago, your Medicare starts right now! If your backpay starts one year ago, your Medicare starts in one year from now.

How much does a lawyer charge for Social Security?

Your lawyer’s fees will be explained in the contract you signed with your lawyer. According to Social Security regulations, they are typically up to $6,000 or 25% of your backpay. If your case had multiple appeals (denied at a hearing and continued appealing), these rules no longer apply, and fees will likely be higher.

How long does it take to get back my Social Security check?

When you get your back pay check, Social Security will not count that money for nine months. Since you will receive three checks, each six months apart, this will give you some extra time to spend the money. Make sure you spend it and get down below the limit in time… or they may want some money back!

How do I receive money from SSI?

PAYMENT OPTIONS. You can receive your money by direct deposit into your bank account or on a Direct Express card. If you are on SSI, it is very important to keep your money separate from everyone else’s. Never share a bank account with another person, except a live-in spouse.

Can I get SSDI if my kids live with me?

If you are on SSDI, make sure to sign your kids up to receive benefits. Even if your kids do not live with you, they are still eligible. The parent of your children may be eligible as well. Contact your local office.

Do you get your first payment before you get your award letter?

Some people get their first payment before they get their award letter. The amounts listed on your online account may change. Sometimes while they are calculating your check, they write one thing, and the next day it says something else. If you call them, you also may get wildly different answers at this point.

Do you have to go to an SSI interview if you are not poor?

If you are not poor, there is no need to go to an SSI interview. You can request a form to waive it, or you can just go to it. Theoretically, skipping the interview speeds things up. But sometimes they lose the waiver form so it really just slows things down.

Why does the SSA stop my disability payments?

Working too many hours or earning too much money can make the SSA automatically stop your payments. However, the SSA often gives you a nine-month trial work period to test out working with your disability. They do this to see if you can manage most work tasks while you’re still recovering.

How often does the SSA review disability claims?

This is called a continuing disability review (CDR), and it typically happens every 3-7 years.

How long do you have to appeal a disability termination?

But to avoid missing a single payment, you have to move fast. Appeal within 10 days after receiving the SSA’s termination letter, and you’ll keep getting monthly benefit payments. Request that your payments continue while the SSA reviews your appeal for their decision.

Why did Social Security stop paying my taxes?

Reason #5: “Social Security Stopped My Benefits Because I Owe Back Taxes”. If you owe the IRS back taxes, they can also garnish your Social Security checks up to 15% each month. (Typically, though, they’ll send you multiple mailed notices before they do this.) However, the IRS may also work with you directly to create a payment plan ...

How long does it take for Social Security to be suspended?

The SSA automatically suspends Social Security benefits for anyone that goes to jail or prison for over 30 days. If you’re getting SSI and stay in jail or prison for more than 12 months, you’ll need to re-apply when you’re released.

What are the requirements to stay eligible for Social Security?

These eligibility requirements may include medical exams, disability update reports and other SSA requests for information. If the SSA mails you a letter and it’s automatically returned, they can stop your benefits without notice.

When do you stop receiving disability benefits?

There’s not an exact science to CDRs, but SSI beneficiaries stop having them once they’re 65 years old . If your disability benefits stopped suddenly, the SSA likely thinks you’re well enough to work again. If you feel you still cannot work, you may need a Social Security attorney .

What is non medical SSDI?

SSDI is a program intended for disabled individuals who have earned enough work credits and do not earn substantial gainful activity in their current employment. You earn one work credit per $1,200 you earn in 2014, but you can earn only up to four work credits per year. One of the most important non-medical ...

How many credits do you need to be disabled?

Disabled before 24 years old: You need six credits (1.5 years of work) in the three years prior to your disability. Disabled between 24 and 30: You need credits for half of the amount of time between when you turned 21 and when you became disabled.

What are the resources for SSI?

Resources include: cash; land; vehicles; personal property; life insurance; and. investment assets like bank accounts, stocks, etc. If you’re not sure whether you qualify for SSI based on the income and resources requirements, talk to an attorney for assistance. An attorney can help establish eligibility based on non-medical Social Security ...

Can a lawyer help with disability?

An attorney can help establish eligibility based on non-medical Social Security disability requirements in addition to disability requirements. Your lawyer can help appeal a denied application as well.

Do I have to qualify for Social Security Disability?

You’ll have to qualify medically for Social Security disability benefits, but you’ll also have to meet program requirements depending on if you’re applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).