Remember that filing an SSD claim is close enough to launching a battle against the social security disability system and the government. Having an attorney could make significant advantages for the battle you are undertaking.
Having a qualified attorney advocate for your claim could be the difference you need to get the closest chance of receiving the benefits you deserve.
If you do decide to retain one, make sure that the attorney has professional experience in handling social security disability claims and other social security and disability matters.
Aside from this, here are other things to consider in retaining a disability attorney to help with your claim or appeal for disability benefits:
1.When getting a lawyer or an experienced non-attorney who had been disability examiners and employees of the Social Security Administration before, make sure that they can work based on a contingent system.
This means that they can represent you on your SSD or SSI disability application without expecting any fee until they win your claim for you.
2.Assuming that you eventually won your claim and granted with SSD benefits by the Social Security Administration, the regular benefits you will be receiving every month need not be involved in your payment to your lawyer.
In such cases, your social security disability attorney or representative would be entitled to receive a fee equivalent to one-fourth of the back payments you will be receiving upon the approval of your claim.
Even then, the total amount he/she will be receiving need not exceed the maximum amount of $5300.
3.If you do not know it yet, having a disability attorney to help you in your case is beneficial in more ways than several you are already aware of since the attorney is more familiar with social security's system regarding disability applications.
•A disability attorney can obtain for you a copy of the Social Security's files on your case for him to evaluate properly the factors that could make your claim stronger.
•The attorney can gather your medical and health records, secure copies for further review by him/her. He or she will also be in the proper position to submit copies of these to the SSA as additional supporting documents to your disability claim files.
•The disability lawyer can also make amends on how to request your disability hearing to be expedited due to a "dire need" especially when you are already experiencing awful financial difficulties.
In typical setting, your disability attorney can be a great help when you are already preparing for a petition hearing on your disability claim before the administrative law judge.
However, if you decide to retain a disability attorney even before this level in your social security disability claim, then he or she can assist you on myriad things concerning your social security disability case.
Social Security Disability Attorney
Among other conditions, if you suffer from bipolar disorder, breast cancer, congestive heart failure, colitis, Crohn's disease, COPD, depression, diabetes, heart disease, IBS, MS, Parkinson's or schizophrenia, you may be eligible to receive disability benefits.
Disability benefits are available to people who fall into three categories: disabled, insured workers under age 65, people who have been disabled since childhood and a disabled widow or widower age 50-60. People with financial need and children may also qualify for benefits.
If you believe you might be entitled to Social Security disability benefits, consider contacting a Social Security disability attorney who specializes in the field. An attorney's expertise in navigating the complications of Social Security disability benefits can go a long way towards making the process seem easier. People with attorneys win a lot more often than those that self-represent.
First Step:
The first step towards receiving Social Security disability benefits is establishing that you are, in fact, disabled. The Social Security Administration (SSA) calls their evaluation for disability the sequential evaluation process. Basically, this process entails the government considering the age, education, work history, severity of disability and functional capacity of the person requesting benefits.
They'll also contact doctors who have treated the applicant, and perhaps request a consultative exam, with the applicant's existing doctor or with another doctor. The general information will be verified by the local Social Security field office, and the evaluation of the disability is the responsibility of the state's Disability Determination Services (DDS).
Disability Application Determination:
Determination of whether the applicant has a disability is made by a disability examiner and a medical or psychological consultant. There are 4 potential outcomes: the examiner might ask for more evidence of the disability, the examiner might refer the applicant to vocational rehab, the applicant might be found not disabled, or the applicant might be determined to be disabled.
If benefits are denied, there are a series of appeal processes.
First Appeal:
If the state determines that the applicant does not have a disability, don't lose hope. This is where a lawyer specializing in disability law becomes even more important, as you'll have to dispute the determination. The Social Security Disability appeal process will be very similar to the first process, but with a different two-person team making the final determination of disability. If the appeal results in a non-disabled determination, further appeals are also possible.
Second Appeal:
The second appeal of a disability benefits case is heard by an administrative law judge at the Hearing Office of the SSA's Office of Disability Adjudication and Review. In this case, the administrative law judge usually conducts a hearing that allows the applicant's attorney to present a case. Generally, the applicant has more evidence of the disability to present at this point, from previous or new medical sources. It's important to work closely with your Social Security disability lawyer at this point.
Once it's determined that the applicant does have a disability, the Social Security Administration computes the benefit amount and begins making payments. The disabled person might be able to receive benefits as quickly as the first full month after they applied.
It is important to remember during the application process that the sooner a lawyer becomes involved the sooner the process can be affected. Good luck with your disability case!
Both Lala C. Ballatan & Matt Berry 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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