All Your Questions Answered About Hiring A Social Security Lawyer
Posted by admin on Mar 29, 2009
There are many reasons why hiring the services of a social security lawyer can be of great benefit. Many people who apply for Social Security disability benefits without the help of a social security lawyer will often have a difficult time with the process, putting even more burden on an already difficult situation. Since the application process for such benefits are often determined by a points system, a qualified social security lawyer can make things easier and simpler. A social security lawyer can help you with the different types of Social Security Disability benefits available and help you decide which one is the most appropriate to your situation. A social security lawyer will even be able to guide you through the qualification process.
There are actually a few disability benefits offered by the Social Security system. A good social security lawyer can help you better understand the rules of each one, as they can be quite complex. A social security lawyer can help you differentiate between the various kinds so you can choose the one that is right for you. This article will go into detail about two types of benefits in particular; Social security disability Insurance or SSDI, and Supplemental Security Income or SSI. SSDI considers factors such as work history and disability, and SSI considers factors such as income, old age and blindness.
A social security lawyer can help you in the SSDI application process if you are currently in a physical or mental state that keeps you from working. You are also eligible for the program if you have been disabled for 12 months, you expect to be disabled for the same period, or if death is a possible result of your condition. Since you are eligible for the program if you expect to be disabled for a 12 month period, you do not have to wait that long before filing for benefits.
In some cases, you may receive overpayment from the Social Security office. When that happens, and the Social Security office made the mistake, yet they ask you to return the excess amount, a social security lawyer can help you in the process of filing for a waiver. If your request for a waiver is denied, you may have your social security lawyer represent you in an appeal process that will determine whether or not you will have to pay back the overpaid benefits.
If you are awaiting back pay benefits, they are usually paid within 2 months of approval. Please note that you will not be given backpay for the 5 month waiting period after your onset date. If you have any questions regarding backpay or the length of time it is taking for you to receive your benefits, it may be wise to speak with a social security lawyer.
Q: Will your dependents also receive disability payments?
A: Certain family members may be eligible to receive benefits, as well. Unmarried children under the age of 18 are eligible.
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A social security attorney can be helpful, if you are having any difficulty understanding why you are eligible for certain benefits and not others or do not know how to apply for benefits.
Q: Do you need a social security attorney if you plan to appeal your claim?
A: You do not need a social security attorney to apply for disability insurance, have your case reconsidered or appeal for a hearing. That being said, if your claim is not approved after the initial review process, it would be wise to obtain legal representation if you plan to appeal. A fair number of claims that are filed for reconsideration are not approved and must be appealed to go before a hearing. Most cases that are approved after they are heard before a judge are represented by a social security attorney.
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In case you are denied Social Security Disability benefits, you may even have to face a judge, which is yet another good reason to have a social security lawyer on your side. Since the appeal process can last as long as two years, and you may be denied more than twice at the minimum, hiring the services of a social security lawyer makes a lot of sense. A social security lawyer can speed up the appeal process and get you your benefits in a shorter period of time.
When you do hire a social security lawyer, it is important to treat your claim as the serious case that it is, and to follow his or her advice to the best of your ability. Many social security lawyers have had difficulties with clients that do not fulfill the terms of the medical requirement prescribed by their doctor.
Q: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?
A: While you may hear plenty of horror stories about constant rejection from the social security disability program, the truth is that not all first claims are denied. The Social Security Administration has no policy or regulation stating that all first applicants should be denied. That said, it is true that many first applications are denied, and that approvals tend to result from the appeals process.
Nationwide, 70% or so of social security disability claimants are denied on their first application.
Cool.