Social Security Disability Lawyer Blog

Social Security disability claims can help injured or impaired citizens manage their day to day expenses. The program provides help to numerous families and independent citizens throughout the country. If your disability meets one, two, or all three of the reasons listed below, it is in your best interest to file for benefits.

1. You are suffering from a severe physical or mental disability. Severe is often a subjective word, so judge the severity based on your overall symptoms and any related conditions. If you are unsure about the severity of your disability, call a disability lawyer or a physician that is familiar with disability benefits.
2. Your disability is severe enough to impede your ability to work. Your disability should prevent you from continuing in your prior employment, or any other available employment in the current economy. The Social Security Administration (SSA) is looking to see if you are unable to make substantial gainful income.
3. Your disability is likely to be long-lasting. If your disability is severe but is not likely to continue for longer than one year, the SSA may deny your claim. Since the claims process is often time-consuming, your condition may have cleared up before you have time to submit an appeal.

Once you have applied and submitted proof of the above reasons, your claim will be considered. Should the SSA provide you with a denial, you can employ a disability attorney to guide you through the appeals process. Your disability attorney will understand what the SSA is looking for and can help you submit the best claim possible, or argue your case in the courtroom.

Disability lawyers make it their job to know the ins and outs of submitting Social Security disability claims. They know what the Social Security Administration (SSA) is looking for in a claim, and they understand the appeals process. Since a majority of claims are denied upon the SSA's initial review, it is likely that your claim will require an appeal. Having an experienced disability attorney on your side throughout the appeal process will increase your chance of seeing success.

So, what qualities should you consider when you choose your disability lawyer?

1. Choose a specialist. You wouldn't want your family doctor to perform brain surgery on you--you'd want an experienced neurosurgeon. Same idea goes for disability lawyers. Choosing a lawyer that specializes in disability claims means that your attorney is an expert in the precise area of law that you are dealing.
2. Consider trustworthiness. Your appeal process may become tedious and trying, so you want to make sure that your disability lawyer is someone that you get along with and can trust. Much of the information involved in supporting your claim is of a medically sensitive nature, so you will want to feel comfortable with divulging such information to your lawyer.
3. Pay attention to the lawyer's client relations skills. Again, this lawyer is a person who you will have to deal with throughout your case. Make sure that your disability lawyer is available to answer your questions and can help you understand the process as it unfolds. You don't want to be in the dark on your own claim.
4. Consider a solo practitioner. There are advantages to going with a solo practitioner or a disability attorney who works with a smaller firm. Small firms can often provide individualized service and you will have no trouble getting through to your disability lawyer when you need him. While some people prefer large firms, the big practices may not be as responsive to a client's individual needs that a solo may be able to provide.
5. Choose a winner. Maybe the most important factor is the disability attorney's experience in prevailing in claims before the SSA. You want to choose a disability attorney who has a proven track record of winning social security disability claims.

As with any complex and frustrating government process, the Social Security disability benefit claims process has become subject to a variety of untruths and misconceptions. In fact, these myths can ultimately scare off some potential claimants, even when they have an obvious need for benefits.

Avoid being scared away from the Social Security disability benefits you deserve by finding out the truth behind the myths. One large misconception is that the Social Security Administration (SSA) rejects everyone the first time they apply for benefits. This is a widely held belief, probably due to the large percentage of claims that are denied from the first application, but there is absolutely no policy in place that makes this distinction.

Another version of this myth implies that your application must be denied a certain number of times before it can be accepted. This is simply not the case. The myth is perpetuated by claimants who do not understand the application process. If the first application is denied, the applicant should not submit an entirely new application, they should make an appeal. New applications undergo an initial review and decision process by the SSA, but appeals allow claimants to employ legal counsel and put their claim in front of a judge. If an applicant repeatedly submits new applications, they never get past the initial SSA review.

Furthermore, many claimants assume that they will not be able to work once they are receiving Social Security disability benefits. While there are limitations regarding how much a recipient can earn per month (known as the substantial gainful activity amount), there are no policies prohibiting work altogether. You will not be able to earn a great deal of money on the side, but employment is possible.

This short blog entry is not exhaustive, so you will want to be vigilant about separating fact from fiction as you navigate the claims process. The SSA--or a knowledgeable Social Security disability lawyer--can help you discover the truth about any questions or concerns you may have.

The road to receiving Social Security disability benefits can be a rocky one for many claimants. You are essentially being tasked with proving your disability to an objective third party, and then also proving that your disability impedes your ability to perform your former job or another relevant position. This often becomes a tedious process, fraught with roadblocks. Using the following tips, you can take charge and help guide your claim to a successful resolution.

• If you are struggling with an illness or disability for which you would like to claim Social Security benefits, make sure that you are regularly visiting your physician. During the course of your treatment, you may even ask your doctor to complete a Residual Functional Capacity evaluation which will add more gravity to your application.
• Keep all of the relevant documentation of your office visits, diagnostic testing, and other medical records. Maintain order by keeping all of your documents in a designated file folder. The Social Security Administration will not always make the effort of obtaining your medical records, but you will be able to submit your own records to support your application.
• It may help your case if you document all of the symptoms of your condition, as well as any other related conditions or symptoms that may seem trivial. The purpose of this documentation is to explore the ways in which your condition affects your daily life and subsequent employability. This information will come in handy should the Social Security Administration reject your claim.
Finally, keep track of the progress on your case. If your case is dismissed or rejected, immediately file an appeal with new, updated medical records. An experienced Social Security disability attorney can help guide you through the appeals process and determine the most effective way to present your case.

Many of my social security disability clients express their frustration at not being able to afford medical treatment. Besides not getting the healthcare that they need, their chances of winning their social security disability claim are greatly diminished.
Indeed, one of the most important factors the Social Security Administration (SSA) takes into consideration in deciding disability claims is the Claimant's medical treatment history. If someone is alleging disability but is not seeing a doctor on a regular basis, SSA may conclude that the person is not "truly" disabled. However, many disabled people have no health insurance and no money to pay for a doctor to give them the medical care they need.
I recommend to anyone who needs access to affordable health care to locate a "Community Health Center" in their area. These clinics are usually staffed with nurses, physician's assistants, and medical doctors who will evaluate and treat patients. How much do they charge? It depends on the financial means of the patient to pay. Typically the patient will be charged on a sliding fee scale based on income. While the treatment at these clinics may not be "free," the fees charged are usually much less than what would be charged at a traditional doctor's office.
These Community Health Centers receive state and federal funding, as well as contributions from individuals and private entities. The new healthcare reform bill signed into law by President Obama (the "Patient Protection and Affordable Care Act") will add approximately $10 billion in new federal funding for these Community Health Centers.
To find a Community Health Center near you, go to http://findahealthcenter.hrsa.gov/.