Q: Can you receive both social security retirement and disability social security benefits?
A: You will not be entitled to collect disability and retirement benefits simultaneously. 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. Your benefits will automatically convert.
Q: Are you in jeopardy of losing your social security benefits, if a review of your case is currently being done?
A: All claimants that receive disability benefits will have their file periodically reviewed. Ideally, the agency is supposed to do that every 1, 3 and 7 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. That is why you hear of some cases that have not been reviewed for years after initial approval. Do not be concerned if your case is currently under 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. It is possible that the case examiner will ask that you undergo a medical examination, if you have not been treated by a physician in quite a while. Again, that is not a sign that you are in jeopardy of losing your social security benefits. It is done to simply make sure your file contains the most up to date information.
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. Your lawyer will collect 25 percent of any retroactive benefits for which you are paid. Even if you are awarded years and years worth of retroactive benefits, the maximum amount your attorney can receive is a little over $5000. If your claim is denied benefits, your attorney does not receive a payment.