Its been 7 months and i still haven’t received social security benefits, what should i do?
Bernardino P asked:
i live in California, i had a serious ankle surgery on 8/1/08 and haven’t been working since ( 7 months) i applied for social security benefits right after my surgery. I received a letter of denial(because my injury wasn’t bad enough) so i appealed it. i gave them a call today and they said to call in 2 more months but i need money NOW!.
i live in California, i had a serious ankle surgery on 8/1/08 and haven’t been working since ( 7 months) i applied for social security benefits right after my surgery. I received a letter of denial(because my injury wasn’t bad enough) so i appealed it. i gave them a call today and they said to call in 2 more months but i need money NOW!.
*should i hire an attorney?
* should i apply for temporary disability?
Social Security Benefits
Social Security Benefits
SUE them for all they have
Social Security Benefits
Apply for disability. You apply for SS benifits if you will not be able to return to work.
Social Security Benefits
you should be applying for disability anyway unless you are over 65 then you cannot be denied your ss benefits. Talk to an attorney and see what he says do.
Social Security Benefits
I applied too, still waiting on first answer. It ***** to have to hire a lawyer cuz they will take 25% of back earnings from date u applied but from what I understand you only get three denials then u are out of luck. there are companies out there that specialize in this. One such is called ALLSUP. they say they have a succsess rate of 98%. I wld strongly consider at this point hiring a lawyer/company that specializes in this. just make sure u ask what their succsess rate is. good luck
Social Security Benefits
You should have applied for Social Security Disability income, and you should have consulted a lawyer who does these cases before applying, definitely when you got your denial. Having an attorney usually results in a better outcome on appeal. Most doctors do not know how to write up a case for disability.
If you get temporary disability (it is always temporary anyway for SSDI) and your claim is denied on appeal, you will have to pay it back.
Social Security Benefits
Hire an attorney who specializes in SS cases; that’s what I did. They can only take a small portion of your retroactive award.
Yes to both your questions below.
Your case is not uncommon. Sadly, I know of a woman who died two years ago while awaiting her SS money.
Social Security Benefits
You must have a disabling condition that is expected to last for one year or result in death. Social Security may be waiting to see if your condition is going to improve prior to the 12 months.
Social Security Benefits
Hi, I am a former disability examiner for DDS, the agency that makes decisions on disability claims for the social security administration (social security disability claims and SSI disability claims).
From what you mentioned, it sounds as though you were denied on your initial claim (another way of saying “disability application”) and it also sounds like you filed a request for reconsideration, which is the first appeal that is available to disability claimants.
Reconsideration appeals tend to have a higher rate of denial than even initial claims; therefore, for this reason, you may wish to consider finding representation. The reason I say this is that, if you are denied on your reconsideration appeal, the next step will be to file your second appeal in which you can make a request for a disability hearing that will be conducted by an administrative law judge. Going to a hearing like this without the benefit of representation is never a good idea, simply because your case will not get proper preparation if you choose to represent yourself.
So, to recap, it often makes sense to get a representative after you have been denied on your initial claim because the odds are strong that you will be denied on the first appeal as well and will have to request the second appeal which is a hearing. Reconsideration appeals, by the way, are denied about 85 percent of the time. And this is why most claimants end up having to go to a hearing that involves a judge.
Regarding the issue of temporary disability, I can tell you from having worked as a disability examiner that the social security administration does not offer temporary disability benefits, or benefits for partial disability (as the veterans administration does).
With social security disability and SSI disability, your condition must be so severe that it prevents you from being able to work and earn what is considered to be a substantial and gainful income at a job you’ve done in the past, or at any other form of work for which you might be qualified based on your age, education, job skills, and current limitations, based on your medical condition.
In fact, to be awarded disability benefits from the social security administration, your condition must last at least one full year, in addition to precluding your ability to engage in work activity.
If you feel that your case has gone on for too long (though to be honest, the time frame you’re mentioning is typical), then you can speak to your attorney (when you get one) about trying to have your case expedited based on something known as “dire need”.
However, dire need expedites are usually only granted for cases that are pending at the hearing level, meaning that a request for a hearing has been made. And this cannot be made until your reconsideration appeal has been denied.
Good luck on your case.