We see it too often in our Social Security Disability Law Practice. A potential client will contact us for the first time after their case has been lost before an Administrative Law Judge. When we ask why they did not use a lawyer to try their case the answers we almost always get is “my doctor said I was disabled and even wrote a letter,” or “I thought it was obvious from my records I was disabled”. Other times, we hear "I thought I couldn't afford a lawyer."
What these people did not understand, sadly, is that there is nothing obvious about Social Security Disability law. The regulations governing SSD, SSDI and SSI are very complex, even for lawyers who devote their entire practice to this area of the law. Here are some things to keep in mind that will help prove your disability to the Social Security Administration:
1. Hire a lawyer with extensive experience in Social Security Disability law. This seems obvious...because it is. Attorney fees in social security disability cases are only paid if you win. The lawyer receives a percentage of the back benefits up to $5,300.00. The average attorney fees are much less. With the fees being so small compared to what is at stake, why would anyone try to go it alone? For information as to what you should look for in a Social Security disability lawyer.
2. See your doctor regularly, even if you don't have medical insurance. I know, seeing a doctor can be very expensive, but regular treatment is critical to proving your case.
3. Document your disability impairments, symptoms and limitations with your doctor and be specific. When a doctor writes in his record “Mr. Smith is disabled” it is not very useful. On the other hand, when the doctor writes “Mr. Smith cannot sit or stand for more than 20 minutes at a time because of severe pain” or “Mr. Smith has shortness of breath and chest pain on even minor exertion”, we have much more to talk about with a social security judge.
These simple steps will greatly improve your chances of being awarded the social security disability benefits to which you entitled.
If you've applied for social security disability benefits and haven't been able to get your disability recognized, it's not too late to bring a Social Security disability attorney on board now. Your next step will be to file a Request for Reconsideration, which must be filed within 60 days. Since the same committee that made the first decision makes the second, the odds are high that your application will be denied again.
In that case, your social security disability law attorney will be able to help you plan a case that will be presented to the Administrative Law Judge. Rather than relying on the previous decisions, the Administrative Law Judge will examine the evidence, listen to the expert opinions of your doctors and psychologists and then make a decision. This is the sole part of the process that you are actually able to speak and be seen by the judge.
Sometimes, the judge retains an additional medical expert to review your history and records and offer an opinion, as well as a vocational expert. The vocational expert will assess your employment background, education and skills, and physical limitations, and then make an assessment on your ability to hold a full-time job.
The complexity of a social security disability benefits case can not be under-estimated, which is why it's very important to work with an attorney who specializes in the field.
Social Security Administration Application
Every qualified American worker has in some way or the other have dealt with the office of Social Security Administration whether in claiming some benefits like, old-age, survivors and disability. However, despite the constant dealings and transactions held in the office, it was found that there are considerable portions of the populace who have not known the foundation of the office or has no real knowledge about the import of the office.
This fact was something ironic, and something to be wary about, as common sense and practice would dictate that in every transaction that we people make, we should know whom we are dealing with.
Social Security Administration, Brief history
In an attempt to limit what were viewed as dangers in the modern American life, which encompasses old age, poverty, unemployment, and the burdens of widows and parentless children, and in order to answer the then Great Depression of the 1930s, President Franklin Delano Roosevelt (in its advocacy) waged a measure to implement social insurance to address these issues.
With this endeavor, Franklin Delano Roosevelt drafted the first Social Security measure, the Social Security Act of 1935, (August 14, 1935) ch. 531, 49 Stat. 620. The Act was passed through the joint efforts and cooperation of Roosevelt's committee on economic security, under Edwin Witte and the Congress.
The United States Social Security Administration was established by a law, formerly cited as the Social Security Act, ch. 531, 49 Stat. 620 (otherwise known as the Old Age Pension Act) and currently codified at 42 U.S.C. section 901.
Social Security Administration, the Office
The United States Social Security Administration (SSA) is one of the independent agencies of the United States federal government tasked to administer Social Security programs across the country. The agency has 10 regional offices, 8 processing centers, approximately 1300 field offices, and 37 Teleservice Centers.
The Social Security Administration has its Central Office in Woodlawn, Maryland, the only federally created office that has its main headquarters located outside Washington, the Capital State.
Social Security Administration, Administered Benefits
At present times, there are still growing debate and controversy over the expansion of Social Security welfare benefits as well as in the operation and administration of these benefits.
However, for informational purposes, the Social Security Administration administers a number of Social insurance programs, consisting primarily of the Federal Old-Age, Survivors, Supplemental Security Income (SSI), Health Insurance for Aged and Disabled (Medicare), and Disability Insurance.
Federal Old Age
Retirement Insurance Benefits (RIB) otherwise known as Old-age Insurance Benefits are social insurance payments paid based upon the attainment of old age, that is, 62 years old or older. To be entitled to this benefit, certain requirements must be met, which comprise of the following:
?The applicant must be fully insured under the Social Security system
?Have attained the age of 62
?Have applied for the benefits or have been automatically converted from Disability Insurance Benefits at Full Retirement Age
The foregoing requirements are based primarily on both age and payments made into the Social Security System through payroll taxes.
Survivor's Insurance Program
Under the Survivor Benefits program of the Social Security Administration, certain family members of a worker who dies may be eligible of financial support if they meet certain requirements. From the requirements, the most important part is that the decedent must have earned enough work credits and have paid his/her Social Security taxes promptly in order for their survivors to qualify in such program.
The covered family member comprises as follows:
?A widow/widower with relative requirements based on their status
?A widow/widower at any age if he or she takes care of the deceased's child under age 16 or disabled, who receives Social Security Survivor Benefit
?Unmarried children under 18, or up to age 19 if they are attending elementary or secondary school (high school) full time
?A child who is disabled before he/ she reaches the age 22 and remains disabled
?Under certain circumstances, stepchildren, grandchildren or adopted children
?Dependent parents at age 62 or older
Supplemental Security Income (SSI)
Supplemental Security Income (or SSI) is a cash benefit paid by the Social Security Administration provided to the aged (legally deemed to be 65 or older), blind, or disabled persons based on need and to individuals who have both limited income and limited resources.
For an individual or couples to be eligible or to qualify for SSI, they must be disabled, blind (20/200 or less in your better eye with glasses or a field of vision less than 20 degrees), or aged (65 years of age or older) and have little or no income and resources. Individuals or couples also must be U.S. citizens. There are however certain exceptions for non-citizens.
Health Insurance for Aged and Disabled (Medicare)
Medicare is a social insurance program that provides health insurance coverage to people who are either age 65 and over, or who meet other special criteria. The program generally helps with the cost of health care. However, as a note, the program does not cover all medical expenses or cost of most long-term care.
Medicare comprises four parts:
?Part A Hospital insurance
?Part B Medical insurance
?Part C Medicare Advantage
?Part D Prescription drug coverage
Social Security Disability Insurance (SSDI)
Social Security Disability Insurance program pays benefits to a covered worker who suffers some form of disability and also to certain members of his or her family, intended to be provided until their condition improves, and is intended to guarantee income if the individual's condition does not improve.
To be entitled to this benefit, a person must have the following qualifications:
?He/she must have suffered from a defined disability under the SSA criteria, meaning, that he/she has a physical or mental condition that prevents him/her from engaging in any substantial gainful work
?That his/her condition is expected to last at least 12 months or result in death
?That he/she is under the age of 65
?That he/she has worked 5 out of the last 10 years
Our experienced are familiar with handling and other related issues. You can visit our website to avail of our free case analysis.
Both Matt Berry & Claysphere Rivera are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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