Contact a Social Security Lawyer with Questions about Your Disability Eligibility

10/01/09

Q: When will I actually start receiving benefits?

A: If your application for Social Security disability is approved, the state Social Security board will determine a "date of onset," or a date when you were no longer able to work because of your disability. Five months following that determined onset date, you will be allowed to collect your first benefits. But, benefits are paid at the end of each eligible month, so you will not receive your first payment until six months after your date of onset. You will not receive payments for the five month waiting period. If your disability began before you applied for Social Security disability, you may be eligible to receive back payments. Back payments can be made retroactively for up to 12 months. If you believe you are eligible for back payments, you may wish to seek counsel from a social security lawyer to help you apply for retroactive benefits. There are many applicants who do receive back payments for benefits, since the process of applying for benefits can often take quite a while.

Q: Will my children receive benefits? A: Payments to dependents are determined by the amount of your Social Security contributions. Your child may be entitled to receive monthly benefit amounts of about 50 percent of your full monthly benefit amount. There is a cap on the amount for which dependents are eligible. And again, how much your dependents are eligible to receive is based on your Social Security earnings history. Your child must be unmarried to qualify. He cannot be older than 18, unless he is a student (students cannot be older than 20 to be eligible.) If you currently receive Supplemental Security Income (SSI) benefits, your dependents are not eligible to receive benefits under your claim. A social security lawyer can be a good advocate, if you are confused about family benefit limits or dependent eligibility.

Q: What happens when Social Security reviews my file?

The administration does evaluate your records from time to time. Social Security is entitled to conduct a review (called a Continuing Disability Review) as long as you continue to receive benefits. A periodic CDR will give the disability examiner current information on your medical condition, treatments and status. CDRs are described as being done a year after approval, then three years and seven years after. That means a review of your case could happen when you do not expect it. You will maintain your benefits, until your injury has changed or you are able to work enough to bring in at least $940 monthly income. If you receive Supplemental Security Income (SSI) benefits, you would stop receiving payments once your income level exceeds the limit for eligibility. If you are confused about returning to work in some capacity and how that may affect your benefits, it would be wise to contact a social security lawyer.