Should I Hire a Social Security Lawyer to Help with My Claim?

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 are entitled to collect benefits from both, but cannot exceed 80 percent of your estimated 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. That means one worker may have a high enough cap to collect full benefits, while another may not. 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. Any changes to your workers compensation can affect your social security benefits.
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. You earned the benefits through prior contributions. Your assets, therefore, should not affect your benefits. 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.
If you are unsure how to report your assets or confused about whether you qualify for SSD or SSI benefits, contact a Social Security claims representative or seek advice from a social security lawyer.
Q: Is it a requirement for me to see one of the Social Security doctors?
A: Not in all cases. Your disability examiner should not request that you have a consultative examination (CE), unless he could not gather enough information about your case. Perhaps the examiner needs a more recent exam than what was provided in your medical history. The doctor performing your consultative examination does so simply to provide the most current medical information about your case. 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 feel like you have been unfairly subjected to multiple examinations, contacting a social security lawyer might provide some insight into how and why certain examinations may or may not be needed.

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