My judge made a bench decision on August 14th, and I won my case. An individual’s financial situation and the amount of a settlement will determine the best way to protect SSI and Medicaid eligibility. Or your case may be moving rapidly does that mean you’re going to win? If you should live well into your 80's, you are giving up anywhere from $50,000 to $150,000 in additional income by making a hasty decision about collecting your Social Security benefits. Setting up a special needs trust can be a complicated process, so speaking with an attorney is a good first step. If you can document the severity and ongoing nature of your disability through medical records, preferably from your treating physician, you are more likely to win benefits. But, the reality is, the process does take time to vet out. For SSI for children, if they amount is large, sometimes you will be required to put it in a special account called “dedicated account” that can only be used in specific ways. Go to the My Account page of the SSA website. Your Supplemental Security Income (SSI) monthly benefit amount is based on factors such as the federal benefit rate, your income and resources. Keep in mind that it takes some time for your claim to enter the system, so it may not appear if you recently filed your claim. First, is the child working at substantial gainful activity (SGA) level.If the child is working the claim for child's SSI will be denied. This provision does not apply to SSI only beneficiaries. The Office of Administrative Hearings will send you a notice (OAH-457) telling you when and where your hearing will be scheduled. Since that is the case, the SSA gives out back pay based on the date that you became disabled. You can also call 1-800-772-1213 to check the status of your claim. 2. If it’s taking longer than that they’ll want to know was that a good sign because it means that they’re taking longer with my case and I’m going to win or they’ll ask me, you know when we go to the hearing what sign should I look for that that will indicate I’m going to win the case? Congratulations! The person conducting your SSI interview will ask you series of questions about your lifestyle, assets and income. If you live in Puerto Rico and have begun drawing these benefits, you’ll be automatically enrolled in Part A but must apply for Part B. We never want you to wonder what is happening with your case. Sometimes your case will be sent for quality review. If you have a Social Security disability hearing in front of an Administrative Law Judge (ALJ), you probably will leave the hearing without knowing whether you won or not. You won! It is almost impossible to win a disability case with medical treatment so Therefore, The ALJ only has the authority to find that you meet the medical guidelines for disability. While you can always hope for the latter, it's best to prepare for the former. There are four levels of appeal and, generally, you have 60 days to appeal from one level to the next. You won't receive your own Social Security benefit if you receive a … Author: lawyeradmin. Talk to Scott about your legal concerns. Indiana Social Security Disability Attorney, Indiana Social Security Disability Client, Social Security Disability Benefits Claims Process. Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time before your hearing. 1) Timing: In order to minimize the loss of SSI and Medicaid, goods and services must be purchased in the same calendar month in which the lump sum is received. If your hearing has been scheduled, you can also get this information by calling our toll-free number, 1 (800) 342-3334, and following the prompts. Generally, if your health hasn’t improved, or if your disability still keeps you from working, you’ll continue to receive your benefits. Even if the ALJ, or administrative law judge, makes up his or her mind quickly, the decision still needs to be written up. Even if the administrative law judge actually told you at your hearing that he would approve your disability claim, it will still take a while to receive your official approval letter. All phone calls and emails are returned within 24 hours. We always have to wait until we see the actual decision before you get to you to a hearing. I have had surgery to omit the constant pain I have been in since my accident. How Will My Attorney Develop My Medical Evidence? Your case may be taking longer at the first stage or the second stage and that’s just because of a backup at Social Security or at the next Department disability determination services. In a SSD or SSI case there is a great deal of waiting involved and people want to know what is going on with their case and how long they will have to wait for a decision. So here’s the answer. If you can document the severity and ongoing nature of your disability through medical records, preferably from your treating physician, you are more likely to win benefits. When can I expect to a decision on my claim? When you receive your decision and look it over, you still might have trouble telling whether you won or not! I was denied and filed an appeal.. at that time the judge basically called me a liar and denied me ssi. Fortunately, any time that passes between approval and your first benefit payment should be reflected in your back pay. This is done by a decision writer at the hearing office. Scott D. Lewis is proud to offer free consultation to any and all who believe they may need legal assistance. In most cases, it will take even longer for you to receive your back pay. Some people may receive it in a couple of weeks; others may wait a couple of months. .rll-youtube-player, [data-lazy-src]{display:none !important;}, by Sharon Christie | Jan 28, 2020 | Social Security Disability. You must have medical evidence to prove your disability case. So here are my questions, 1 A one dollar Our experience has been that judges don’t expect disability claimants to sit at home in a recliner all day long, moaning in pain. 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