Does the Attorney Receive His Payment from Your Social Security Benefits?
Q: Can you receive both social security retirement and disability social security benefits?
A: No, you cannot receive both retirement and disability payments. You will receive retirement benefits in lieu of disability benefits, when you reach the retirement age criterion. The social security benefits payment amount will not change, though. The conversion will happen without the need to apply for anything.
Q: Should you be worried if Social Security is reviewing your disability claim and you currently receive social security benefits through the program?
A: All claimants that receive disability benefits will have their file periodically reviewed. The reviews are conducted every several years. The claims representatives may be a bit behind, depending upon the number of cases he has to review, which can push the schedule a bit. For that reason, you come across claimants who are surprised to have their cases under review for the first time after years and years. You should not worry if you have been notified that your file is undergoing a continuing disability review. A review is supposed to be done. It is not an indication that your social security benefits will be discontinued. The reviews are conducted to make sure your claims representative has all the current data about your injury, treatment and ability to work. Most cases that undergo a continuing disability review are approved for continued social security benefits. There needs to be medical data that demonstrates that the condition has resolved to a point that a person could take on employment, in order for payments to stop. If you do not have recent records of medical treatment, Social Security may request that you receive a medical exam as part of the review. Again, that is not a sign that you are in jeopardy of losing your social security benefits. The purpose of the exam is to assure your case has current and thorough data.
Q: Do you still have to pay your social security lawyer if your disability case is denied?
A: Social security lawyers receive payment after a claim receives approval. SSA sets the guidelines for attorney fees. One quarter of the amount you receive in backpay will be paid to your attorney. A social security disability lawyer cannot collect more than $5,300, regardless of how much your backpay benefits are. Your lawyer does not collect any fee if you are not awarded benefits.
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