If you’ve worked for at least 10 years and paid Social Security taxes during that time, you can apply for Social Security retirement benefits at 62 or older. Most people will have no problem receiving these benefits once they reach retirement age because they automatically meet the retirement benefits requirements. By visiting your Social Security office, you can learn more about applying for retirement benefits and the documents you need to substantiate your claim.
Applying for Social Security disability benefits, however, is another story. Not everyone qualifies for disability benefits, and the application process can be challenging. Hiring a Social Security lawyer could help navigate this process. The less you know about the Social Security disability claims process, the more you can benefit from the knowledge and experience that a Social Security attorney offers. Here are a few reasons to consider hiring a disability lawyer when filing for Social Security disability (SSD) benefits or insurance claims.
Knowledge of the SSD Process
A disability in the family can hinder you from keeping up with your financial obligations. Loss of income from your disability could make it difficult to pay medical bills, mortgage, utility bills, car loans, or daily living expenses. Social Security disability benefits can help resolve these financial problems. With legal representation, your chances of getting approved for these benefits are much higher.
Social Security attorneys know the SSD process and can provide valuable input when making your claim. They can inform you about your disability eligibility and programs you qualify for and help you apply for the maximum benefits you’re eligible for. If you’re in a particular situation, such as applying for disability benefits for a child, this can be particularly important. Your attorney can also monitor the progress of your claim.
KEY TAKEAWAYS
- A Social Security attorney has insight into the SSD process and can provide valuable input when filing an SSDI claim.
- Lack of evidence could cause the SSA to deny your disability claim, and a lawyer can assist you with obtaining the appropriate records and filing the proper documents.
- SSDI claims are often denied; a Social Security disability lawyer can assist with navigating the appeals process.
Documentation for Your Disability Claim
The Social Security Administration (SSA) requires that people submit medical records to substantiate their disability. An attorney can help you gather crucial documents that will support your case. Your medical records act as evidence to back up your claim.
Lack of evidence could cause SS officials to deny you the disability benefits you deserve. If you’re having trouble obtaining your records from a hospital or physician’s office, your attorney can help speed up the process. The sooner your medical records get into the hands of your SS office, the sooner they can process your claim.
Your attorney can also help you complete forms relating to daily activities or work history, which are pivotal in deciding your case. Incomplete or contrasting answers on these forms could cause officials to deny your claim. Social Security officials need a complete picture of your medical state to make a sound judgment. Your attorney will ensure you provide SS with all the information they need to make a fair judgment concerning your case.
Must read articles related to Social Security
- Eight ways to maximize your Social Security benefits.
- Learn more about how to win SSDI appeal.
- A complete guide on “How to Apply for Disability. “
- Learn more about what conditions qualify for disability.
- Do I have to pay taxes on my Social Security income?
A Social Security Attorney is an Advocate in Your Corner
Your disability lawyer will be an advocate who fights on your behalf for the benefits you need. With so many claims being made annually, your application could become misplaced, lost, or clogged in the process. An experienced attorney will know who to call and what to do to get your application moving down the line. Knowing the right people can help speed your application along. If problems arise, your attorney can rectify them quickly to avoid processing delays or outright denial of your claim.
TIP
During the appeals process, you may need to argue your case before an administrative law judge. Going to court can be intimidating, so having a lawyer on your side can bring peace of mind.
Disability Lawyers Can Handle Claim Denials and Appeals
Sometimes, disability claims are denied despite efforts to the contrary. When this happens, your attorney can investigate the denial and request a claim review or file for an appeal, depending on their findings.
An appeal would require that your attorney argue the case in court before an administrative law judge. Unlike the average layman, an experienced disability lawyer won’t be intimidated by a court appearance, making him or her the perfect candidate for the job.
The Bottom Line
Considering the many aspects of filing for SSD benefits, a Social Security disability lawyer can be a tremendous asset in a disability case. Working with a qualified lawyer could be crucial to the success of your case.
Look for an attorney who has your best interests at heart, has experience with Social Security claims, and is willing to go the extra mile to see you get a fair judgment in your case.
Frequently Asked Questions
Your chances of winning your Social Security appeal are fairly high. Roughly half of all Social Security appeals are ultimately won by the claimant. So, you have about a 50/50 chance of winning your appeal.
To improve your odds, you should make sure that you file your appeal on time, include the right paperwork, provide plenty of medical evidence, and draft a well-written appeals letter.
There are four levels of appeal for SSDI that you can go through.
- You can request a reconsideration
- A hearing with an administrative law judge
- An appeals council review
- A federal court review.
Once you have exhausted these options, you cannot appeal your SSI claim any further. In that case, you would need to start a new claim for benefits if you believe that you are entitled to them.
The most common reason for an SSDI denial is that you do not have a medical condition that qualifies for disability benefits. Your application will be denied if your claim does not meet this requirement. In that case, you will need to present additional medical evidence during your appeal that shows the judge that you are unable to work due to your disability.
If your short-term disability claim gets denied, you can appeal that decision. If your benefit is covered under ERISA, you must file your appeal within a specific period.
Most insurers also have particular timeframes for their appeals process. Failure to meet these deadlines might result in a loss of your right to appeal.
If your appeal is denied, you might still be able to sue the insurer to appeal the decision.
You can find a Social Security Administration office near you by using our SSA office locator and searching for your closest location.