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: 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. Since there can be a backlog of cases, the reviews may not happen for a year or two after they are supposed to. That is why you hear of some cases that have not been reviewed for years after initial approval. 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. 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. A request for a medical exam should not cause you any worry. 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. 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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