If you are sick or injured and your condition is expected to last more than one year, you have the right to file for social security disability benefits. Unfortunately, up to 60 percent of people who file a first application for benefits are denied, but you also have the right to file an appeal. To increase your chances of having your application approved the second time, you may want to consider consulting with a social security disability lawyer.
Reasons for Denial of Social Security Disability BenefitsThe reason that so many applications for social security disability insurance are originally denied is that the government has a very strict standard of what constitutes a permanent disability. According to the federal government, you are disabled if all of the following apply:
Even if you meet their standards, your application may get rejected due to a small clerical error.
What to Do When You Have Been Denied
When you receive a rejection letter from social security, you have up to 60 calendar days to file an appeal. This process is called the reconsideration stage and it also has a very high rejection rate. As a last resort, you can request a hearing regarding your disability claim before an Administrative Law Judge. The hearing is your final opportunity to have your denial overturned and start receiving social security benefits. If you win the case, you will receive benefits retroactively to the date of your accident or onset of your illness.
How a Social Security Lawyer Can Help
To receive social security disability benefits, you must meet the strict standard of disability and turn in an application that is error-free. People who are not accustomed to dealing with these precise requirements of the government are prone to making mistakes. A social security disability lawyer has the knowledge and training necessary to file a claim correctly and can represent you at your hearing. Most social security lawyers offer a free case evaluation prior to taking your case.
Individual Disability insurance will follow you to various states, as long as you remain in the United States. It will also continue to follow you even if you change employers.Group coverage will also follow you across states, but will not continue if you change employers.
You would need to follow-up with your physician to determine whether you need to go out on disability. If your physician places you on disability, and provides the information to support that, then you may be eligible for disability benefits if you have them. I would contact your physician and let them decide what is best for you.
Hiring an attorney for a Social Security Disability case can increase your chances of success. Social Security Disability begins with a simple question: "Can you work?" Unfortunately, the manner in which the question is determined is far more complicated. The statutes, regulations, administrative rulings, court holdings and procedural requirements are enough to frustrate anyone.The Basic Premise of Social Security DisabilityTo be successful on a disability claim, the applicant must not only be prevented from performing their past work, but any other work that is available on a national basis. For example, an applicant is a carpenter by trade. A physical disability prevents returning to that profession If Social Security determines that the carpenter can perform less demanding occupations, it will deny the application. Disabilities are broken down into two main sets, physical disabilities and mental disabilities. Often there is a combination of both physical and mental disabilities that will prevent an individual from working.Physical DisabilitiesThe Social Security Administration has a long list of physical disabilities, and how they must be treated, depending on the age, education, past work experience, and the severity of the physical disability. The listing is commonly referred to as the grid. The Administration will have to determine whether the claimant's level of exertion is sedentary; light, medium, heavy, and very heavy. Heavy and very heavy levels are not considered disabled, unless combined with some form of nonexertional limitations. Sedentary, light and medium limitations may qualify for disability, depending on the claimant's age and past work skills Mental ImpairmentsThe Administration also has a listing of mental impairments covering a wide array of mental disabilities. The severity of the impairment is classified as slight, moderate marked and extreme. With any mental impairment, the keys to determination are how the disability affects the claimant's ability to function in an employment setting. Ability to follow instructions, concentrations, antisocial behavior or the ability to arrive timely to work all need to be considered by the Administration Why an Attorney Can Become ImportantAn experienced disability attorney will understand which factors are important for Social Security purposes. Well meaning claimants often omit symptoms or indicators of disability on their evidence submitted to the Administration. Even many doctors are not familiar with Social Security procedures. Thus, they may simply may a general statement that a claimant is disabled, which is insufficient for Social Security purposes. The attorney will be able to assist both the claimant and the claimant's medical providers to present the best evidence possible for the claim.
It doesn't. All states derive from the people.
It doesn't. All states derive from the people.
It doesn't. All states derive from the people.
It doesn't. All states derive from the people.
It doesn't. All states derive from the people.
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When a person is injured in a manner that causes permanent or long-term disability, he experiences a great sense of loss. He worries that he will be dependent on others for the rest of his life and also worries about how he will pay his expenses while he is immobile or otherwise disabled. One of the best things that an injured victim can do is to hire a lawyer that has a specialized knowledge in disability insurance law.Social Security DisabilityThe federal government provides Social Security Disability benefits to individuals who meet a certain criteria. A disability lawyer is familiar with the rules and regulations of the Social Security disability program and can help a victim apply for benefits. A disability lawyer can also ensure that the disabled individual sees a professional healthcare provider and receives all the documentation that he needs to prove the severity of his injuries. The Social Security disability program provides compensation for individuals who suffer from an enumerated list of illnesses or injuries. If the client does not suffer from a specific illness or injury on the list, the administration will evaluate whether the illness or injury is sufficiently similar enough to one of the listed illnesses or injuries. The lawyer will also prove how the disabling illness or injury will last for one year or more, according to the requirements of the Social Security Disability program. A disability lawyer can help assemble the information that a client needs in order to file his claim and the disability lawyer can also help the client receive as much compensation as possible.Workers' CompensationExperts in disability insurance law can also help individuals who were injured while completing a work related task. Disability lawyers can ensure that victims receive the benefits that they are entitled to receive from the Workers' Compensation program. A lawyer can help victims file a claim, complete an accident report form and schedule doctors' visits for the client. He can also follow up with the client and retain his medical records in case his injuries are called into question or the severity of his injuries are disputed by his employer. A disability lawyer can help an injured worker receive the disability insurance that he receives.Disability lawyers provide assistance to clients who desperately need an ally on their side in order to receive the compensation they deserve.
Incomplete questions, where "the following" doe not follow, is definitely not a category of security threats!
Although Social Security disability determinations are administered by the individual states, all 50 states follow the same set of guidelines because Social Security is a federal program.First, the person must meet Social Security insurance requirements by having earned enough work credits, and having been employed recently enough, to qualify for coverage. Under certain circumstances, a claimant with an insufficient work record may qualify for benefits under a parent's or spouse's earnings record.Second, a disability must be considered severe enough to prevent employment for at least 12 months, or to result in death. This must be documented in the medical records.The Social Security Blue Book lists severity criteria for specific diseases or disorders, as well as the supporting evidence needed to demonstrate impairment. You can access a copy of the current Blue Book (the same one examiners use) via Related Links, below.