just received notice that ssdi was approved/why do i need a workman comp lawyer nearning 65yr. old

by Dr. Oral Dooley 7 min read

Do I need a Social Security disability lawyer?

Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began. Example: Your disability began on June 15, 2020 ...

Should I hire a lawyer to review my social security application?

Oct 08, 2012 · Typically the Administration sends a Notice of Award to both the Claimant and Claimant's representative at or about the same time, however, the Notice does not always get sent in a timely manner. When you are awarded SSD Benefits, three things will occur: 1. A Notice of Award is sent; 2. you receive back due benefits; 3. you receive a monthly ...

How does the SSA decide if a disability claim is approved?

Usually, hiring a SSDI lawyer is virtually risk-free. Your lawyer cannot receive payment unless they win you benefits. A win for them is a win for you — and vise versa. You can begin working with your lawyer free of upfront or out-of-pocket costs. If your lawyer wins your case, their fee comes out of whatever you win.

Do you know disability secrets that lawyers know?

Many disability lawyers will not file the SSDI application for you. In fact, it is generally up to you to contact the SSA and the complete the process. A disability lawyer can, however, offer you legal advice about how to improve your chances of winning benefits. For instance, disability lawyers understand how the SSA will make their disability ...

How long does it take for a Social Security disability to be approved?

The notice of award arrives on average one to three months after the SSA or ALJ approves your social security disability claims though it can take longer depending on your SSA field office’s caseload.

What happens if you get denied disability?

If the Social Security Administration (SSA) denied your disability claim at the initial application and reconsideration level, you likely requested a hearing before an administrative law judge (ALJ). In these cases, you will receive a notice of decision in the mail. The notice of decision lets you know whether the ALJ ruled in your favor and ordered the SSA to pay you disability benefits.

What is notice of decision?

The notice of decision lets you know whether the ALJ ruled in your favor and ordered the SSA to pay you disability benefits. There are two types of favorable decisions – fully favorable or partially favorable. Both decisions mean you were approved benefits. The only difference is the decision on when your disability began.

What is notice of award?

The notice of award answers most of the initial questions people have about their disability benefits, such as: The amount of any past-due benefits, or disability back pay, you are entitled to (this will be paid in one lump sum payment)

What is a continuing disability review?

Continuing disability review s, or CDRs, are required of all SSDI recipients. Though they sound scary, most of the time they are not cause for alarm. The purpose of a CDR is to allow the SSA to determine whether your disability still prevents you from working. More than 90-percent of SSDI recipients are approved for continued benefits ...

How often do you need to do a CDR?

These are: Medical Improvement Expected: Once every six to 18 months. Medical Improvement Possible: Once every three years. Medical Improvement Not Expected: Once every seven years, but no more than once every five years.

Is a worker's compensation award subject to offset?

Benefit offsets. Under certain circumstances, such as if you were awarded worker’s compensation following a workplace accident, your award is subject to offset. Although the SSA should automatically account for any offset, SSA workers are only human, so things occasionally slip by.

Anthony Dean Castelli

Both the attorney and the claimant are supposed to be notified by mail. Usually both notices would be sent at the same time

Brian Marc Mittman

As noted in the other answers the most important question is for you to make sure you have received your past due benefits and will get your monthly benefit. In terms of the fee paid, you do need the Notice of Award to make sure the proper fee was awarded. If you have concerns about that you can also speak to someone at the Local Office...

Robert C. Alston

If your attorney is registered with the SSA to have electronic access to your file, they could see the order sometimes weeks before the notice is sent.

Richard Alan Jaffe

Typically the Administration sends a Notice of Award to both the Claimant and Claimant's representative at or about the same time, however, the Notice does not always get sent in a timely manner. When you are awarded SSD Benefits, three things will occur: 1. A Notice of Award is sent; 2. you receive back due benefits; 3.

Yolanda Navarrete

I usually check on line every few days. I know when a case is approved prior to receiving the letter.

Benefits of hiring a lawyer prior to filing your SSDI application

Many disability lawyers will not file the SSDI application for you. In fact, it is generally up to you to contact the SSA and the complete the process. A disability lawyer can, however, offer you legal advice about how to improve your chances of winning benefits.

When should I NOT hire a lawyer for your SSDI application?

Not all claimants will need to hire a lawyer before or after they submit a SSDI application. If you have a condition and corresponding symptoms which definitely meet or equal a listing or a condition on the Compassionate Allowance list, assuming you meet all of the nonmedical requirements for SSDI, you will not need legal help.

Do I need to hire a lawyer if SSDI application is denied?

Claimants who hire disability lawyers generally do so right after they have been denied SSDI benefits the first time. If your SSDI application is denied and you have the right to appeal the denial, you have 60 days to file your SSDI appeal.

How to find a disability attorney

There are thousands of attorneys and professional advocates across the U.S. with expertise in Social Security disability. Some advocates formerly worked for the SSA, as disability examiners or claims representatives.

How much does it cost?

Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.

How long do you have to wait to receive Social Security Disability?

Keep in mind that for Social Security Disability Income (SSDI), there is a mandatory five-month waiting period from the date that Social Security determines your disability began (your onset date) to when your monthly payments can start.

Who can receive SSDI benefits?

Benefits are available to certain dependent family members of SSDI recipients only, including minor children, disabled children, older spouses, ex-spouses, and even dependent parents. For more information, see our article on SSDI benefits for dependent family members.

How long do you have to wait to receive back pay from Social Security?

Most new beneficiaries are eligible to receive back payments from Social Security at the time their payments begin. This is because the benefit approval process is a lengthy one. For SSDI, your disability onset date could be up to 17 months before your application date, meaning you could receive payments for up to 12 months before your application date (taking into account the five-month waiting period). For SSI, you can't receive benefits before your application date; you will be owed benefits starting the month after the application date (assuming Social Security agrees you were disabled when you applied). For more information, see our section on disability backpay.

Can you get SSDI if you have dependents?

Dependents Benefits. If you are awarded SSDI, you may have eligible dependents who can receive benefits as well. Benefits are available to certain dependent family members of SSDI recipients only, including minor children, disabled children, older spouses, ex-spouses, and even dependent parents.

Can you appeal a Social Security overpayment?

Overpayments from Social Security. If Social Security determines that you have been erroneously overpaid disability benefits, you are required to refund the overpayment, in most cases. As with other decisions made by Social Security, you have the right to appeal.

What is the amount of disability check based on?

If you are approved for SSDI, the amount of your disability check will be based on the amount of income you earned prior to your disability and how much you worked in recent years. For more information, see our article on how much SSDI disability pays.

How long do you have to be out of work to get SSDI?

1. Ideally, you should have already been out of work for five months or more when you apply for SSDI. If you work up until the day you submit your disability benefits application, the SSA will almost certainly reject it.

What age do you have to be to get SSDI?

(According to the SSA, that usually means you haven’t turned 65, 66 or 67 yet, depending on your birth year.)

Can I get disability if I can't work?

But if your disability makes you unable to work, you can apply for benefits through the federal government’s SSDI program. (SSDI stands for Social Security disability insurance, which includes monthly checks as well as Medicare ...

Can you work full time if you are disabled?

That’s because you must prove that you cannot work directly as a result of your disability to qualify for benefits. In some cases, you can show that it was difficult to work full-time because of your disability.

Can I receive Social Security and SSDI at the same time?

Here’s one of the little-known disability secrets: You cannot receive SSDI and Social Security retirement checks at the same time.

How many hours can you work if you are disabled?

Your disability must specifically make you unable to perform your usual job duties regularly for 40 hours a week. This is one of the trickier disability secrets, since some jobs are easier to do than others once you’re disabled.

Notice of Decision

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If the Social Security Administration (SSA) denied your disability claimat the initial application and reconsideration level, you likely requested a hearing before an administrative law judge (ALJ). In these cases, you will receive a notice of decision in the mail. The notice of decision lets you know whether the ALJ ruled in your fav…
See more on thegoodlawgroup.com

Notice of Award

  • The notice of award arrives on average one to three months after the SSA or ALJ approves your social security disability claims though it can take longer depending on your SSA field office’s caseload. The notice of award answers most of the initial questions people have about their disability benefits, such as: 1. Your disability onset date 2. The amount of disability benefits awa…
See more on thegoodlawgroup.com

Pre-Effectuation Review Conference

  • If you receive social security income (SSI) as well as social security disability insurance, you are required to have a pre-effectuation review conference, or PERC. A PERC ensures you still meet SSI’s financial eligibility guidelines. A PERC is not required if you only receive social security disability insurance benefits. To learn more, watch our short video.
See more on thegoodlawgroup.com

Continuing Disability Review

  • Continuing disability reviews, or CDRs, are required of all SSDI recipients. Though they sound scary, most of the time they are not cause for alarm. The purpose of a CDR is to allow the SSA to determine whether your disability still prevents you from working. More than 90-percent of SSDI recipients are approved for continued benefits following a CDR. When the SSA approves your SS…
See more on thegoodlawgroup.com

Benefit Offsets

  • Under certain circumstances, such as if you were awarded worker’s compensation following a workplace accident, your award is subject to offset. Although the SSA should automatically account for any offset, SSA workers are only human, so things occasionally slip by. Or, you may have forgotten to notify the SSA that you received other benefits subject to offset. You must ma…
See more on thegoodlawgroup.com

Keep Your Information up-to-date

  • As an SSDI recipient, you must inform the SSA about changes that could potentially affect your eligibility for benefits. This includes changes in your medical condition and income. This is information you will be asked about during your CDRs, but don’t wait until the next scheduled CDR to notify the SSA of any changes; you are required to notify them immediately. Note: Although eli…
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