Social Security Disability Appeals & Claims: Here’s How To Do It Right
by Arnab Dey Legal 09 December 2022
The best way to do a social security disability claim is online.
You don’t need an attorney, just some time and patience. However, making sure that the appeal is not rejected and that you actually get the benefits needs you to have a lawyer.
The vast majority of appeals and claims get rejected pretty early on. It doesn’t necessarily mean that they are invalid, it just means that you need someone experienced to make them go through. You easily can find social security overpayment lawyers near me.
Social Security Disability Insurance (SSDI) is the most common form of government-funded income support.
How to do a Social Security Disability appeal?
The Social Security Administration (SSA) will not automatically approve your disability claim. You must complete an application, submit medical evidence, and schedule a hearing before your claim gets approved. Several documents are also required to be submitted and you must meet a few eligibility criteria first.
For the best results, you should consult and hire a Social Security appeals attorney.
The federal government offers Social Security Disability Income Insurance or benefits for people who have been declared disabled. If you are covered under Social Security Disability, then become eligible for one of the above-mentioned benefits.
It’s not very likely that your appeal will go through smoothly. There are always hassles and obstacles. The majority of appeals get rejected for a variety of reasons – but it’s important to note that not all of them are invalid per se. They just require a more professional and nuanced approach. Social security attorney Los Angeles provides precisely that.
How can I file a Social Security Disability claim?
A Social Security Disability claim is a process that begins the moment you receive notice that your name has been added to a list of those whose benefits have ended. Your first step should be to contact the Social Security Administration (SSA) to find out what your eligibility requirements are regarding work and earning capacity, whether or not you can receive an application for benefits, and when you will be notified about whether or not you have been approved for SSDI.
SSDI claims are easy to file but hard to get through without the help of a Social Security Disability attorney helping you.
Eligibility criteria for filing a claim for Social Security Disability:
- You must have some physical or mental impairment or illness that’s serious enough to be life-threatening or long-lasting.
- Said illness or impairment must render you incapable of doing or continuing meaningful and gainful work for 12 months consecutively.
Why hire a lawyer for SSDI claims?
Social Security Disability claims are complex and lengthy. Lawyers who specialize in the area of Social Security Disability benefits can help you file for your claim, explain how it works, monitor the process, and obtain legal representation throughout the case.
They also represent clients in court proceedings. Even if you don’t need a lawyer to file your claim, having one by your side throughout the process can make all the difference in proving that you are entitled to benefits.
Having the proper representation for your Social Security Disability claim is a legal necessity. Your lawyer will be able to tell you if your claim is legitimate and how to handle it from there. Working with an attorney ensures that you are fully protected by law.
He/she can thoroughly document any evidence of benefit fraud so that valid claims can move forward quickly.
- A lawyer will improve your chances.
- They will have experience in handling cases such as yours.
- Attorneys only charge if you win. This charge is typically 25% of the past dues you recover, often capped at $6,000.
- They can be a powerful element in the SSDI hearings, which can become tedious and grueling.
Social Security disability claims can be very complicated in certain cases. However, with a lawyer and the right facts, you may be able to get through your claim and in return receive compensation for your losses and suffering.
SSDI vS. SSI
SSDI stands for Social Security Disability Insurance and SSI stands for Supplemental Security Income. The Social Security Administration administers both of these but there are some fundamental differences. Let’s have a look at these differences to avoid confusion.
- SSI is not work-related. It’s paid out to people who fall below a specific income threshold (which includes assets and resources). Unlike SSDI, SSI can be paid out to people who are 65+ and those who don’t have any disability or impairment.
- SSDI, on the other hand, is for people who cannot work due to an illness, impairment, disability, or injury that’s long-term. It cannot be paid out to people who have crossed the retirement age (65).
Wrapping up
Social Security Disability benefits are available to workers who have been hurt by their work and are unable to work, for example, recover compensation for police officers injured on duty. Lawyers can help you connect with the Social Security Administration (SSA) about filing for benefits, but in many cases, a lawyer is not needed for the filing process.
Injuries, impairment, or illnesses that are long-term and possibly have a looming threat of death qualify for benefits under Social Security Disability. Filing the claim is easy, but getting the benefits can be hard.
Note that the illness/impairment must have put you out of doing regular, meaningful work for at least 12 months, or should be enough to put you out for 12 months in total, including the future.
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