When you apply for disability benefits, the Social Security Administration collects your medical records and other information to make a decision about your case. If you want to file for disability benefits, consider hiring a social security disability attorney. The process is more complex than just filling out an application, and there is a list of advantages to having a lawyer by your side:
Benefits Of Hiring A Lawyer
Even if you are just considering the possibility, it’s always best to at least consult a social security disability attorney. A lawyer can review your case and tell you if you have a solid claim to the benefits. It is possible to file the application yourself, however, having legal assistance on your side increases your chances of a positive outcome. A lawyer can move your case faster, if you suffer from a terminal illness or if you are in a rocky financial situation.
By federal law, a social security disability attorney can only charge 25% or less of your back payment. If your case goes to a federal court or the Appeal Council, costs can increase. In addition, many firms have a strict policy that dictates that if you don’t win, you don’t have to pay them.
What Are Back Payments?
Since there are a lot of people filing for these kinds of benefits, it might take a long time to process your application. There is a standard five-month waiting period to process your claim. If the processing goes beyond that, you are eligible to receive a back payment. You may receive the back payment anytime between the day you apply to the day the SSA decides whether they will grant you those benefits. Your payment will depend on whether you gain approval, the origins of the disability, when you applied for benefits, and on the five-month mandatory waiting period.
The Social Security Administration will make a ruling on your claim based on five factors:
1) How much you currently earn a month: If you earn more than $1070 a month, you are not eligible for this program.
2) The severity of your impairments: In order to qualify for the program, your impairments shouldn’t allow you to function physically or mentally. The SSA evaluates disabilities based on a scale from “not severe” to “incapacitating.”
3) List of impairments: The SSA has an official listing of impairments and will compare your impairments with that list. In order to be considered disabled, your condition must meet or exceed the requirements of severity of that list.
4) Ability to do your job: The examiner must determine if your condition allows you to do your job. If your condition prevents you from doing your job, you have a strong case on your hands.
5) Ability to do any other job: The examiner must also determine if you can do any other job. Your claim will be denied if the SSA concludes that you’re in a stable mental and physical condition, allowing you to do another type of work.
Don’t forget that every case is different. If you want to know more, consult a professional.