Social Security Attorneys: Essential for Disability Cases
Social Security Disability Insurance
(also known as SSDI) provides income for Americans who are unable to
work due to a disability. It is a federal government program, payroll
tax-funded, and is provided until such time as the recipient's
condition improves. Receiving SSDI benefits can involve a lengthy
determination process; for those navigating the complicated waters of
federal administration, social security attorneys can often give much
needed assistance.
The qualifications for SSDI are as
follows, as specified by the government agency that administers it: The person must have a physical or
mental condition that prevents engaging in "substantial gainful
activity" The condition is expected to last
for at least 12 months or to result in death The person is under the age of 65 The person has worked for 5 out of
the last 10 years before the onset of their condition (waived if
this was before the age of 22)
There are many different conditions
that may qualify someone for SSDI, though these are some of the
common categories: Additionally, some specific disorders
that often lead to SSDI include: Schizophrenia Parkinson's disease Retinopathy Kidney failure Blindness Heart disease Multiple sclerosis (MS) Cardiac obstructive pulmonary
disease (COPD) Bipolar disorder Breast cancer Congestive heart failure (CHF) Crohns disease Colitis Irritable bowel syndrome (IBS) Inflammatory bowel disease (IBD) Chronic depression Diabetes Neuropathy
The most rigorous part of the process
is proving that the applicant is disabled and unable to work. The
approval (or denial) time for a disability application typically
takes between 3 and 8 months. This backlog is largely due to an
increase in the number of applicants. Statistics from 2005 showed
that 34% of applications are ultimately approved. However, the entire
process can take years, as many are denied and must go through an
appeal before benefits are dispensed. The assistance of social security
attorneys who know how to navigate the system sometimes speeds up
this process, particularly when a hearing is required. When an
application is denied, the person may appeal, but it may take over a
year to get a hearing set. A lawyer with experience in these matters
will be able to tell you the likely success of your appeal, and may
be able to present your case in front of a judge. Also, they should advise you to avoid
the common pitfalls, mistakes that people sometimes make in filing
their applications. The forms can be confusing and are prone to
misinterpretation. It is important to read them carefully and be
sure not to make any incorrect statements. This is where someone
trained in the law can be indispensible, as they are familiar with
the language that the administration uses. When you are searching for the right
lawyer, social security experience is important, as
administrative law is complex subject matter. When you find a legal
professional you can trust, they will be able to prepare you for the
questions that will arise by the administrators who are evaluating
your claim. Getting this advice early in the process may help shorten
it, which can be valuable in terms of the person's living situation
in the meantime, and in many cases, legal fees will be covered by the
benefit plan. Though this can be a frustrating and often
time-consuming ordeal, finding an experienced lawyer is the first
step in securing your rights under the law.
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