Are you confused by the disability compensation system? Do you find the red tape and paperwork required to get your due payoff to be too much to bear?
If so, you’re not alone.
Many individuals with disabilities find themselves facing an uphill battle when it comes to accessing their rightful benefits. But a committed social security lawyers can help maximize your disability benefits and ensure you receive the support you need to thrive.
These legal professionals can make a difference in securing your financial stability and peace of mind. They can also help you appeal a denial of benefits or represent you in a hearing before an administrative law judge.
How can a lawyer help you maximize your disability benefits?
Pekas Smith: Arizona Disability Attorneys were interviewed to ask about how an individual can help navigate the Social Security Disability system and ensure that you receive the maximum amount of benefits to which you are entitled.
There are a range of disability lawyers handling these claims across the country, as well as advocates who may not be lawyers. However an experienced attorney with knowledge of the law and disability claims is a preferred choice when handling disability claims of any kind.
What are the different types of disabilities?
Many different types of disabilities can qualify an individual for Social Security disability benefits. Some common disabling conditions include:
- Cancer
- Heart disease
- Stroke
- Diabetes
- Arthritis
- Lupus
- Multiple sclerosis
- Parkinson’s disease
- Alzheimer’s disease
Suppose you or a loved one suffers from a debilitating condition. These are only some impairments that qualify for Social Security disability payments. In that case, you must speak with an experienced Social Security disability lawyer to discuss your options.
How do you qualify for disability benefits?
Disability benefits are only available to those medically determined to be permanently disabled from working due to a physical or mental impairment that has endured or is anticipated to last a minimum of a year.
You must also have a certain number of years of job experience or credits. Your age will determine how many credits you need when you become incapacitated.
In addition, you must have filed a claim for benefits and been approved by the Social Security Administration (SSA). The SSA uses a five-step process to determine if you are disabled.
The severity of your disability does not necessarily determine the amount of the SSDI benefits you receive.
The Social Security Administration (SSA) will determine your payment and that amount will be calculated on your average earnings over your life before you suffered the disability.
Your benefit amount will be calculated using your covered earnings. These are your earnings where your employer took money out of your wages for Social Security or FICA.
Remember too that you can sometimes also receive retroactive payments for any disability, depending upon the date you applied and also the actual time of the onset of the disability.
If your claim is denied, you can submit an appeal.
Hiring an experienced lawyer to represent you during the Social Security appeals process can significantly increase your possibilities of success. If you are found to be disabled at any point during this process, you will be eligible for benefits.
What is the appeals process for disability benefits?
When you receive a notice that your Social Security Administration (SSA) disability claim has been denied, it’s natural to feel discouraged.
However, it’s important to remember that most first-time applicants are denied benefits. The appeals process exists for a reason, and committed Social Security lawyers can help you navigate it successfully. Reconsideration requests must be submitted within 60 days of the denial notification to be considered.
Your case will be reviewed by someone who didn’t make the initial decision on your claim, and you may be asked to provide additional medical evidence. If your claim is still rejected, you can ask for a review before an administrative law judge (ALJ). This is usually the most successful stage of the appeals process, as ALJs tend to be more sympathetic to claimants than SSA staff members.
At the hearing, you’ll be able to present new evidence and testimony from witnesses, including expert witnesses. An accomplished Social Security attorney can help you prepare for this crucial appeals procedure phase.
If the ALJ denies your claim, you can file an appeal with the SSA Appeals Council. The Appeals Council may choose to review your case or deny it outright. You may be asked to participate in mediation or alternative dispute resolution if your claim is approved for review.
If conciliation is unsuccessful or your case isn’t selected for mediation, it will go to a hearing. At the hearing, you can present new evidence and testimony. The SSA may choose to make a recent decision on your claim.
Conclusion
Hopefully you have a better understanding of the processes around obtaining disability benefits and how lawyers can assist in maximizing the benefits you are entitled to.
When applying for or appealing a claim, it is crucial to have an experienced and knowledgeable advocate to ensure all paperwork is correctly filled out and submitted on time. A social security lawyer can advise on which appeals process best suits your situation and help ensure you receive your rightful compensation.
Source: Pekas Smith, AZ
