Social Security Disability

Why Use An Attorney for Your Social Security Disability Claim?

You don’t have to have a lawyer to file and pursue a claim for benefits.  However, even the Social Security Administration’s statistics show that claimants who use lawyers are far more successful in winning their claims than those who don’t use an attorney.  Additionally, the United States Supreme Court determined that the aide of an attorney was so important to a person pursuing a claim for Social Security benefits, that it now requires all of the judges to advise unrepresented claimants, during the hearing, that they have a much better chance of winning their claim with the aide of an attorney.

If you are disabled and need social security benefits, you need the best representation available.  Hiring a representative to help you get your benefits is one of the most important decisions you can make.

Important Things to Remember About Your Claim

File right away.

Some types of Social Security benefits only start a month after you file for them.  By waiting to file you may be losing benefits to which you are entitled.

Always appeal a rejected claim.

You should always appeal through the hearing level, at least.  Also if you are denied by a judge then you should file a new claim. 

Be sure to get examined by your doctors.

If you have your own doctors, get evidence from them to support your claim.  Never go to the doctors appointed by Social Security if you do not need to.  Your doctors will be more familiar with you and your condition.
The law requires that the Social Security office try to get evidence from your doctors before they send you to their doctors.

Fill out the application carefully.

Often people do not take the time to completely fill out the forms or to list all the problems they have, including psychological problems.  Social Security needs to know about all of your problems in order to make a fair decision on your case.

The prior work form is very important.

This is one of the most important forms that you will complete.  Remember, in determining whether or not you are disabled, Social Security is going to first decide whether you can do your old jobs.  That means all of the jobs that you have performed for 6 months or more in the last 15 years.  This is why it is so important that they know all of the difficult parts of your past work, especially the heaviest weights that you had to lift or carry, and the extremes of having to walk or be on your feet.  Please take your time and make sure everything is clearly listed in the form.

What are the different Social Security benefits?

Regular Disability Benefits ( DIB )
When you have worked and paid enough Social Security taxes and become disabled, you may be eligible for regular disability benefits. Your disability payments are determined by the how much you have paid in Social Security withholding taxes.
Any children you have who have not graduated from high school and have not reached nineteen years old, may be eligible for benefits under your claim.
Once you are determined to be disabled these benefits commence in 5 months after your disability date.
Further, you will receive Medicare insurance two years after you become entitled to Social Security Disability Law benefits.

Supplemental Security Income ( SSI )
Disabled SSI benefits provide money to a disabled person who meets certain financial guidelines which has specific regulations on the amount of money you are allowed to earn and the resources you can have to get these benefits.
You are allowed to get disabled SSI benefits while you are awaiting a decision on your DIB claim if you meet the financial guidelines.
Once you are eligible for disabled SSI you will be eligible for Medicaid insurance.
Once you are determined to be entitled to disabled SSI benefits they commence the month after the date you filed your claim.

Widow/Widowers Disability Benefits
A surviving spouse receives a percentage of their spouse's DIB benefits if the deceased spouse paid enough in withholding taxes.
You have to prove that your deceased spouse paid into the Social Security system, be at least fifty years old, prove you were married at the time of your spouse’s death for a minimum of nine months and became disabled within seven years of your spouse's death.  

Adult Disabled Child
An adult disabled child receives a percentage of their parents DIB benefits if the parents paid enough in withholding taxes.
You must prove that the child's parent was insured under the Social Security system, that the child became disabled before twenty-two years old and must generally prove that the child was never in a marriage. Finally, you must prove that the child's parent is deceased, disabled or retired.  

Blind Person
A blind person is eligible for DIB benefits if they meet Social Security's statutory definition of blindness. 
A blind person does not have to meet some of the work mandates that other claimants have to, can earn substantially more income than other claimants and remain eligible for their Social Security Disability Law benefits.