Understanding Social Security & Disability Law

A Social Security and Disability (SSDI) lawyer is an expert in laws involving social security benefits. These are provided by the Social Security Administration (SSA). Social Security is a U.S. federal agency that supports social insurance and benefits. When an American reaches retirement age, Social Security provides themhim or her with financial support. This is also applicable for those who are physically and/or mentally disabled.

Persons with disabilities

If people are below retirement age, they can prove they are unable to work due to a disability. The federal government will give them a monthly payment. Social Security bases this amount of assistance off of someone's previous income. SSDI lawyers can help people receive their benefits. Without benefits, the person will have no source of income. It is important that those who have disabilities and cannot work receive the help they need to survive.

Consulting with an attorney

SSDI lawyers are helpful for anyone who wants to claim Social Security. Many attorneys offer a free or small-cost consultation. This would be an excellent place to start. An SSI disability attorney can advise you about the most effective route for your case. Filing a claim is typically a straightforward process, but problems can arise. Some people have their applications denied. This can be due to many reasons such as incorrect paperwork or missed deadlines.

The right time for an attorney to step in

People usually attempt to complete the first phase of the claim themselves. It is not meant to be complicated, but it is detailed. Many people do not hire an attorney until their application has been denied. Some attorneys will not take a case unless it has been initially denied. If you are rejected at first, a lawyer is essential for appealing your case. SSDI lawyers can be of service much earlier in the process, if they are available. An SSI disability attorney can help your claim go smoothly and quickly, among many other benefits. They will also decrease your chance of getting denied again. If you decide to hire a lawyer for your case, your approval rate will increase. You will have a 60% chance of being approved by a judge. This is a substantial difference from the 40% chance you face without representation.

What SSDI lawyers do

ssdi lawyers helping elderly couple

When you first contact an SSDI lawyer, they will interview you about your claim. This is when they decide whether or not to take your case. Then, they analyze how strong the case is. They are masters at recognizing case flaws and can help enhance your evidence. Sometimes this is done by obtaining additional medical records or having you visit new doctors. An SSI disability attorney will file your paperwork. They will also make calls to respective agencies and follow up with doctors on your behalf. This insures that your case is taken care of in an efficient manner. A month or two before your court hearing, your attorney will contact you. They will ask you questions that will most likely be asked in court. Questions may include:

  • Describe your symptoms specifically.
  • Are you currently seeing a doctor for your disability?
  • Do you have health insurance?
  • Can you take care of your own personal hygiene?
  • Can you walk at least a block?
  • Can you lift a gallon of milk?

You must answer each question honestly, even if you may feel embarrassed. Your attorney will determine which theory you meet under disability law. There are three possible theories for Social Security -

  1. Prove your condition meets a disability listing
    This means that your disability meets a description of an illness under Social Security. This will qualify you for automatic approval.
  2. Prove that you are outside the "grid" of work
    Your lawyer must prove that you can't do your previous jobs anymore for this theory. This is to say that you could not adjust to less demanding work if your office offered it to you.
  3. Prove that you can't do a sedentary job
    Your SSI disability attorney will try to prove that you can't do duties at a sedentary job. This includes lifting more than 10 lbs., sitting more than 2 hours at a time, and more. Then, Social Security must find you disabled.

SSDI lawyers will help you understand your legal rights. They can defend your case if you qualify for disability. If you wish to start a claim or make an appeal, contact an attorney in your area today!

Frequently Asked Questions about Social Security and Disability Law

You can call the Social Security Administration (SSA) at 1 (800) 772-1213 to make an appointment to apply for benefits. You can also visit your local SSA office to have a representative assist you with an application. If you are applying for SSDI benefits only, you can visit www.ssa.gov
Attorneys are paid 25% of the back payments Social Security gives you. Back payments are paid for the months between the date you applied for benefits and the date you are approved. This is a maximum of $6000.
It depends on your age. Social Security quantifies benefits according to work credits. This is typically 20 credits in the past 10 years. This is the equivalent of working 5 of the last 10 years.
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