If You Consult a Lawyer Social Security Can Be a Breeze
Administrative law can be a complicated
area to navigate, especially when you are trying to ensure that you
receive the benefits that you are entitled to, and getting legal
advice could make all the difference. When you are searching for the
right lawyer or attorney social security experience is important.
Many people are under the impression
that the federal program is only concerned with providing retirement
benefits. This component which deals primarily with retirement makes
monthly income-maintenance payments to retirees, spouses, dependant
children, and survivors. However, there is also a disability
component to the program. This insurance (known commonly as SSDI)
provides monthly payments to those who are younger than retirement
age but still unable to work. 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)
Some of the common categories of
conditions that qualify someone for SSDI are: A similar program is Supplement
Security Income (SSI), which provides benefits to those who have not
worked long enough to qualify for SSDI. Though attorneys who work in
this area can help anyone who is having trouble receiving their
benefits, those with disabilities tend to have a much more difficult
time securing them, due to the nature of the qualifications. Because
eligibility hinges on the more subjective legal issue of ability to
work, the approval process is lengthy and often involves judicial
review. The most difficult step in the process
is proving that the applicant is disabled and unable to work. The
time that it takes for an application to be approved or denied is
typically 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. An attorney can be your advocate in
these matters, first helping you with the application itself, and
potentially seeing you all the way through an appeal and a hearing.
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, and in many cases, legal
fees will be covered by the benefit plan. Though this can be a
frustrating and often time-consuming ordeal, experienced disability
lawyers are the most valuable tools for securing
your rights under the law.
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