Social security lawyer

Q: What is the process your SSDI benefits claim will go through when you file for benefits?

A: The first step in the social security disability process is the initial review. If you have not already had an interview via phone or in person with a social security representative, you will be contacted. The purpose of the interview is to assure that you have submitted all the requisite forms and that your file contains all the necessary details for the initial review. The disability determination services agency for your state will then receive your claim and a case manager will be assigned to it. Once your requested medical information has been received by your case manager, he will confer with a doctor on staff to collectively make a decision about your file. At this point, you will receive notification about approval or denial for your requested disability benefits. Most claims are not approved when initially reviewed. You can then request a reconsideration for your claim. A disability examiner and consultative physician that only deal with reconsidered files will evaluate your case. The services of a social security attorney are often beneficial during the reconsideration phase. This is due to the fact that the majority of claims are not approved during reconsideration. Your next course of action would be to request a hearing. This will be your final opportunity to present your claim and be awarded benefits. That is why most claimants have an advocate like a social security attorney at this point. It is not mandatory that you have a social security attorney, but having the knowledge and experience a legal advocate can provide will be invaluable to your case. The majority of claimants that win approval after having their case heard have had legal representation.

Q: If you have a social security attorney, do you have to do anything to file for disability?

A: If you have hired a social security attorney, he or she will usually submit all the necessary forms after you have submitted your application. You should submit your own application for an initial claim. You will also be required to personally complete information about employment history and your ability to do your usual tasks. Most lawyers make sure their clients have completed all those required items. Your social security attorney will also follow up with Social Security to make sure everything has been submitted correctly and on time.

Q: Are you allowed to apply for SSDI via the web?

A: Social Security does accept applications via their secure web page. You can download and complete the initial application, as well as the questionnaire regarding your condition and work history. They also have a “starter kit” to assist you in submitting everything correctly. Visit http://www.socialsecurity.gov/applyonline to find out more.

Q: What is the difference between SSI and SSDI?

A: Social Security Disability Insurance and Supplemental Security Income are both disability benefits, but they are not the same. Those who have contributed to social security during their work history and have accumulated enough credits, are eligible for SSDI. To determine eligibility for SSDI, Social Security will look at the earnings history, time in workforce and earned credits of an individual. While in the workforce, an individual earns one work credit for every calendar quarter. An individual can generally qualify for SSDI if he has worked the calendar equivalent of 5 years out of the last 10. Eligibility for SSI benefits, however, are dependent upon the financial needs of an individual. SSI is not dependent upon prior work contributions and credit. To be eligible for SSI, an individual cannot earn more than $1,433 per month in wages ($694 per month if the income is not from wages). An individual must report all wages, resources and income when applying for SSI. If you have any questions about whether you qualify for SSI or SSDI, contact a social security lawyer.

Q: Do you need a social security lawyer if you plan to appeal your Social Security disability claim?

A: A social security lawyer is not required for you to file an appeal. That being said, if your case was denied after the initial review, it would be wise to seek the counsel of a social security lawyer. The first step after an application is denied is to have the case reconsidered. Frequently, a claim is denied again after reconsideration. If you wish to appeal further, you will need to move on to the hearing process. A social security lawyer is extremely beneficial when a claim goes through a hearing. Your case has a better chance of being approved after a hearing, if you have the services of an attorney. You have peace of mind, as a social security lawyer will make sure that your claim is arbitrated fairly all the forms are completed correctly and on time. Should your claim win approval, an attorney can also assure that you get the most favorable onset date.

Q: Will an attorney take care of all my paperwork for disability insurance?

A: If you have hired the services of a social security lawyer, he will assure that your paperwork has been filed correctly and within the required deadlines. Knowing that, it is also important for you to be in the loop about all forms and deadlines. This is your case, after all, and you should be involved. Although the attorney will make sure you complete everything, some forms should be your responsibility. The application for disability benefits and anything that involves your employment history, for example, can be filled out by you.