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Social Security Disability
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June 18, 2024 9:52 pm
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8 min read
Social Security Disability – Our Social Security Disability Lawyers at Underwood Law are dedicated to helping you get the disability benefits you deserve.
If you’re considering applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), or if your case has been denied, we’ll help you through every step of the application or appeals process from start to finish. The best part is that we can do it for you at no cost.
Social Security Disability
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The government has not made it easier to get SSDI or SSI benefits. There are endless paperwork and complex guidelines to fill out to determine if you are eligible. Our skilled attorneys specialize in Social Security Disability Law and have a much better chance of getting the maximum benefits for you. If you are denied, it is even more important to have successful Social Security attorneys on your side.
Why You Need A Colton, Ca, Disability Lawyer
The Social Security Administration (SSA) has its own rules for determining disability. These rules are an endless source of confusion for medical providers who want to help and a huge frustration for applicants who are denied and don’t understand why.
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To be considered disabled under Social Security or SSI standards, we must prove that our clients are unable to work at any full-time job, even the lightest of jobs. Most other disability insurance programs require that you show that you are unable to return to your old job.
The SSA calls its disability standards the “Capability Inventory.” This approximately 70 page publication is part of the Code of Federal Regulations.’ This relatively short document sets disability standards for many physical and mental disorders.
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As it turns out, “Lists” are very comprehensive. Rare cases are more difficult to prove, but most disabled people can fit somewhere on the List and, in fact, more than one if there is a combination of disabilities.
Social Security Disability Benefits Lawyer
In the third step of the process, Social Security looks at whether a person “qualifies” for the Disability List. Does the list of diagnoses and symptoms match those listed elsewhere? Do clinical observations and laboratory findings correctly support the claim? If so, the plaintiff can win the case and no further evidence is required. Otherwise, the decision-making process shifts to assessing whether the person has a job to do.
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In late 2008, Social Security listed about 30 cases that qualify as emergency situations. These diseases are so serious that they always lead to benefits. The list includes leukemia and some types of cancer, as well as Lou Gehrig’s disease. A complete list can be found at http://www.socialsecu-rity.gov/compassionateallowances/conditions.htm.
Our most valuable contribution to a case is our expertise, which includes knowing what Social Security needs to do to allow the claimant to win. We work closely with medical providers to obtain accurate information. We ask the right questions to our sources, so we get answers in terminology that management recognizes.
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Because Social Security standards are unique, a simple statement like “this patient is disabled and unable to work” has little meaning. Facts are needed and we will produce them and show with our evidence why the claimants should be considered disabled under the law.
Social Security Disability Vs Short Term Disability
Almost all Social Security and SSI disability claimants are unemployed. Because of this, many claimants (and those who try to help them) believe that they do not receive adequate legal aid. It is a misconception that legal aid is not available.
It would be great if these requests and objections were simple enough to handle alone. The new all-electronic records introduced by Social Security this year have actually made the situation even more difficult. Putting things in the right place in electronic files is a new obstacle.
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Our Underwood offices help with the paperwork that is often overwhelmed by applicants with disabilities. We obtain the necessary medical reports and records and submit them to the appropriate office.
We have been working in this field of law for many years. We know people, rules and laws.
How To Apply For Social Security Disability Benefits
We work with you to create a winning strategy. In addition, by reopening the previous claim, we may be able to obtain more benefits for the claimant.
But what kind of lawyer can a disabled and often financially strapped defendant afford? We feature applicants on a contingency fee basis. A claimant fee of 25% of the refund received is set by federal regulations and must be approved by Social Security. The plaintiff is not obligated to pay until he wins the case and collects benefits. Congress also sets a maximum fee of $6,000 for work performed, including hearings.
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If the claimant is insolvent and unable to pay for medical records, we will obtain them on a deferred basis.
Until the claimant receives relief, other measures may be taken to recover compensation or costs. Anyone can hire an attorney to apply for Social Security or SSI. In our practice, we provide a free initial consultation and review the case free of charge.
Social Security Disability Review After Age 50, 55, And 60
Social Security has two programs that pay for people with disabilities. One is SSI (Supplementary Security Income); the other is “regular” Social Security, or SSDI. There is a lot of confusion among the public about these two programs. The difference is simple.
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SSDI, or the “permanent” disability program, pays a claimant based on the amount of money he or she has paid into Social Security over a lifetime. The amount is determined by dividing the amount paid by the life expectancy. Payments can also be sent to spouses and children. Eligibility includes two years from the date of Medicare eligibility.
The SSI program is an entitlement program that is paid to people who have not worked for the past five years. There are also asset limits and household income limits for eligibility. This program includes emergency Medicaid coverage.
In our district, about 73% of initial applications were rejected. Two-thirds of those challenging this denial will win the case.
Social Security Disability Benefits Guide
After waiting 2-3 years before the appeal, many had to declare bankruptcy, and some even died while waiting for the court hearing. After this initial rejection, many become discouraged and give up on the process.
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Claimants should be prepared to take their appeal to the next stage, called Reconsideration, and be rejected again, as approximately 90% of claimants are rejected at this level. Hearing requests are made after a Reconsideration request has been denied. The Huntington office has a dreaded 320-day waiting period for hearings, and requests for hearings are only accepted after two denials. We need to help people make the right decision the first time, and that’s where we come in.
The highest level of success in hearing. National statistics show that 62% of applications are accepted at the hearing level. Lawyer-represented plaintiffs have a much higher succe
ss rate, with up to 90% favorable outcomes.
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Claimants must be closely monitored to ensure that necessary appeals are filed within 60 days of denial. An uncontested claim that needs to be refiled can result in a significant loss of coverage.
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Delays In Processing Disability Applications Impose
There is the dilemma of applying for federal Social Security disability benefits while also enrolling in state unemployment insurance. On the one hand, a person applying for Social Security disability claims that any type of work is impossible to qualify for. On the other hand, seeking unemployment insurance means swearing that the applicant is “available, willing and able” to work. Often, for continued unemployment, there must be evidence of continuing to look for work.
This predicament is often overlooked in the early stages of applying for Social Security benefits. However, when the case comes to court, issues of trust may arise. While receiving unemployment benefits does not automatically eliminate disability benefits, bringing this situation to a judge is a delicate matter. Technically, a complaint cannot be rejected on this basis alone. However, the plaintiff was asked: “Did you lie then, are you lying now?” he asked directly. If you are asked such a question, you may be going through difficult times.
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Questions to be considered include whether the application for unemployment benefits was filed at a time when the applicant thought he or she would be able to work. Explore your unemployment claim history:
Was the claimant actually offered the job? Have there been any failed learning attempts? A claimant may have actually believed that they could work when they filed for unemployment. His medical condition may have deteriorated since then, or the market may have determined that the claimant is unfit for work. Willingness to work is not a factor that determines ability to work.
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Social Security Disability Application Process
In fact, state unemployment benefits are processed and paid much faster than Social Security. Most federal courts recognize that an unemployment claim is “some” evidence, but not “conclusive” evidence of employability and reliability.
Social Security says it “never depends on the decision of another agency.”
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