Common Questions for Social Security Lawyer

03/16/09

Q: When should I expect to actually start receiving benefits payments for SSDI?

A: You are not eligible to start receiving social security disability benefits until you have been injured for five months. The way the billing cycles work, though, you will not actually receive your first benefits check until six months after the date of onset of your condition. If you have been awarded retroactive benefits, most claimants receive those payments in about 60 days. Please note that you will not be given backpay for the 5 month waiting period after your onset date. A social security lawyer can be of valuable assistance, if you wish to apply for retroactive benefits or have not yet received your anticipated first benefits check after your 5 month waiting period.

Q: Will your dependents also receive disability payments?

A: Yes, your dependents might qualify for disability benefits too. Unmarried children under the age of 18 are eligible. Your children will qualify for benefits until age 19, if they are still students. Your spouse may qualify if he is over age 61. At any age your husband or wife may be eligible if he or she is providing financial support to your children that are under the age of 17. The amount of benefits your qualified family members receive may be as much as half of the monthly payment amount to which you are entitled. Contact a social security lawyer, if you have any concerns about eligibility or applying for disability benefits for any of your family members.

Q: When you are currently receiving social security disability payments and your file is reviewed, what does it mean?

A: Your file will be periodically reviewed even after you receive benefits. A diary or schedule of when reviews should be conducted is established when you are awarded benefits and is based on the factors of your individual case. Most reviews are usually conducted every one, three, and seven years. Given the current backlog, however, reviews are not necessarily being conducted on that schedule. That means that your file could undergo a review when you do not expect it. Your file is reviewed periodically to assure that the most recent details about your condition are noted. The review will note changes in your condition that may or may not affect your eligibility for benefits. If you are concerned about the results of a recent review of your file, it may be wise to seek the counsel of a social security lawyer. A social security lawyer will know how best to approach any resulting requested medical exams or reevaluation of eligibility for benefits.

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