Oklahoma Disability Attorney Explains What Happens After You Are Awarded Disability Benefits

Receiving a letter from the Social Security Administration regarding awarding you Social Security disability benefits is perhaps the most exciting news after a long application process journey. However, this is not the end of the road. You will still encounter many questions, some regarding your disability benefit payments and whether you can qualify for other government benefits. The assistance and guidance of your Oklahoma disability attorney will still be needed to answer these questions.

Will I encounter any problems if the Social Security Administration overpays me?
If there are any changes in the amount you should receive or if the Social Security Administration simply failed to decrease your monthly checks, you need to notify them immediately. But even if you do not report the overpayment, the Social Security Administration will send you a Notice of Overpayment once it discovers you have received more than you should have in your monthly benefits. This Notice of Overpayment will provide you with information as to how much you were overpaid and that you must return the money in 30 days.

You will 3 options at this point: 1) ask for reconsideration; 2) ask for a waiver; or 3) ask for a repayment plan. You should consult with your Oklahoma disability attorney as to which option is most suitable in your particular situation. It is important to note that if you do not act quickly and simply choose to ignore this. Notice, the Social Security Administration will start deducting money from your future benefit payments.

When will my regular monthly benefits start?
Depending on the specific facts of your case, you will either start receiving your regular monthly benefits one month after you get your past-due check, or one month before. Either way, once your payments are on track, depending on what day of the month you were born, you will start receiving checks on the second, third, or fourth Wednesday of each month. Each month’s benefits are received the next month.

What other government programs will I be eligible for?
Individuals who qualify for Social Security disability benefits may also qualify for Medicare, which is the government’s health insurance program. However, in order to be eligible, you must receive at least 24 months of disability benefits first. If you fall within a lower income bracket, you may also be eligible for other government health insurance programs. To determine your eligibility, you can either check with your county welfare department, or contact your Oklahoma disability attorney.

To schedule a complimentary consultation with Oklahoma disability attorney Ramona Hanson, please call (405)330-1849.

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Oklahoma Social Security Lawyer Explains The Basics of Social Security Disability

If you were recently injured or are suffering from a serious and life-threatening medical illness or condition, you are likely considering filing for disability benefits from the Social Security Administration (SSA). There are two types of benefits available: Social Security disability insurance (SSDI) and Supplemental Security Income (SSI). The former is available to those who have worked long enough to build up “work credits.” The latter, SSI, is available to those with extremely limited resources and low monthly income levels. Your Oklahoma Social Security lawyer can help you determine which program to apply to that will best suit your needs.

What Is the Definition of “Disabled”?
In order to receive Social Security benefits, you must first meet the definition of “disabled.” This is a legally operative definition held by the SSA and may not reflect other definitions of disability through other agencies. For example, showing that you are “disabled” for the purposes of receiving workers’ compensation has nothing to do with the SSA’s determination of whether you qualify for benefits. The SSA doesn’t consider your actual ability to find a job so much as your ability to perform the physical and mental requirements of a job if you were hired.

Medically Determinable Condition
First, you must prove that you are suffering from a medically determinable (recognized) condition, illness or injury that is likely to last beyond 12 months or expected to result in your death. If you are seeking disability in light of a terminal illness, the SSA will take great measures to expedite your claim and handle your case with care. Typically, applicants must wait five months from the date of disability to receive their first payment, which is received in the sixth month.

If you have already applied for benefits and received a rejection letter, an Oklahoma Social Security lawyer can help you with the appeals process as well. The SSA provides multiple appeals opportunities starting with a reconsideration. After the reconsideration, you can petition for a hearing before an administrative law judge. From there, you can appeal to the SSA’s special appeals council.

For more information or to speak to a Oklahoma Social Security lawyer today, call 405-330-1849.

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