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Do You Need a Social Security Lawyer to Apply for SSDI?

Posted by admin on Jul 23, 2009

Q: Is my application for disability insurance more likely to be approved if I have a social security lawyer?

A: Having a social security lawyer on your side does not assure that you will be awarded social security disability benefits. If you have a social security lawyer, you can be confident that your case will be properly and fairly reviewed. Only a small percentage of disability claims are awarded after that initial and reconsideration review processes. If your claim is denied, you will want to appeal and have your case heard before an administrative judge. To undergo the hearing process, it is recommended that you hire a social security lawyer. An attorney will know how to navigate the process and assure that all the appropriate paperwork and deadlines are met prior to a hearing. If you are awarded benefits after the hearing process, your social security lawyer will walk you through applying for retroactive benefit payments and assure the correct onset date is established. You can certainly choose to represent your claim yourself. Most people, however, seek an attorney to help them through the process to assure that everything is completed fairly and correctly.

Q: If you were absent from the scheduled hearing for a disability appeal, will you be denied benefits?

A: Being absent from a scheduled hearing is not recommended.If a hearing was missed for a legitimate reason, you should be able to reschedule. Emergency and unexpected circumstances are the only reasons that will be accepted. For example, you had a medical issue, were ill, had a family emergency or were unable to physically get to the location of the hearing. If you did not know you had a hearing because you did not receive notification, contact your claim representative immediately. It is important that your claims representative at Social Security has all your current contact information, so that mailed notifications will be sent to your correct address. A social security lawyer would have assured that you knew about your scheduled hearing. A notice of hearing date is sent to your lawyer and you. If you knew about your scheduled hearing and missed it on purpose, your claim is in jeopardy of being dismissed. You will then have to reapply for disability, if that occurs. If you do not yet have a social security lawyer, it would be wise to hire one to help you through rescheduling and the subsequent hearing.

Q: Are SSDI and SSI the same thing?

A: Social Security Disability Insurance and Supplemental Security Income are two different programs. Individuals who have contributed to Social Security via their paychecks and, consequently, earned enough work credits are eligible for Social Security Disability Insurance. Supplemental Security Income (SSI) is based on financial need. SSI is not based on work history.

8 Comments »

Useful info.

August 20th, 2009 | 2:32 pm

Helpful blog info.

September 19th, 2009 | 3:37 pm

Am I eligible for Social Security benefits?

Social Security benefits are granted under certain conditions. Foremost of these is the extent of your disability as defined by the Social Security Administration. The SSA considers you disabled if you are not able to perform the work that you did before, and that you cannot take up another line of work due to your condition. You will also be considered disabled if your condition is expected to last for a period of one year or more OR if it is expected to result in your death.

The Social Security program assumes applicants that have family members that are currently working and will have access to other means that will support them during times of short term disability.

September 21st, 2009 | 8:03 pm

Social security benefits in the United States include the monetary compensation payable to individuals under the social security system, and are administered by the Social Security Administration. Social security benefits come under various types depending upon the category of the respondent’s requirement. People who have had to sacrifice employment and its benefits on account of chronic illness, or those who have qualified for benefits on attaining pensionable age are still eligible for social security under different clauses. Some segments of society can receive social security benefits through some specific clauses addressing that segment. For instance, the disability benefits are available for workers unable to continue their existing jobs, once they cross a required duration at work (calculated as credits).

October 2nd, 2009 | 9:19 pm

Thanks for sharing. Like the blog.

October 3rd, 2009 | 9:48 pm

Great stuff. Great blog.

October 6th, 2009 | 10:31 pm

Make sure you seek treatment for your condition and that your disability examiner has the most current and thorough information about your case. Medical evidence that supports your case is the most important aspect of your application.

Q: If you are in debt, are the social security disability payments you receive in jeopardy of being taken away by a collection bureau?

A: No collection agent can take away your checks, if you collect SSI benefits. On the other hand, certain creditors can collect Social Security Disability Insurance benefits. If you are in financial trouble with businesses, credit card companies, mortgage companies, etc, they cannot touch your payments.

November 9th, 2009 | 4:28 am

Regardless of your condition, the disability manager examining your file will not understand the full picture if you have not provided complete medical records or information from your treating physician. Make sure you seek treatment for your condition and that your disability examiner has the most current and thorough information about your case. Strong medical proof will give your claim the best chance of approval.

Q: Can a creditor take your social security disability benefits checks?

A: No collection agent can take away your checks, if you collect SSI benefits. On the other hand, certain creditors can collect Social Security Disability Insurance benefits.

November 26th, 2009 | 4:38 am
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