Developing A Disability Case
Attorneys work with applicants to determine the date of onset of disability, termed alleged onset date or AOD. They also help the claimant sort out what disabling conditions are alleged.
Many disabled individuals have multiple medical issues, including physical and mental impairments, and every medical condition needs to be listed on the application.
Attorneys help clients to complete the application, from providing exhaustive contact information to representing clients in a court of law, and everything in between.
Dont Delay There Are Deadlines And A Waiting Periodto Receive Your Familys Needed Benefits
Compassionately helping the disabled throughout Texas
Austin law firm Bemis, Roach & Reed provides legal services to individuals throughout the State of Texas. If you or someone you know is in need of insurance attorneys who specialize in Social Security disability and long term disability, call us toll free at 433-4979.
Wow! I never thought it would be a pleasant experience with attorneys but these guys made a believer out of me! They were down to earth, and so easy to work with . They understood not only about the case but my personal situation as well and always had kind hearts and words of encouragement. Thank you for all the hard work you accomplished for me, it was a pleasure! -Terry M.
Have You Recently Been Denied Your Social Security Disability Benefits
Anyone facing a long term or permanent disability has a tough road to travel. Learning to live when a condition limits your ability to earn a living or care for yourself or your family is overwhelming. While resources are available to provide monetary compensation to pay for the help you need, you must deal with insurance companies fighting to protect their bottom line or government agencies whose red tape makes it difficult to get valid claims accepted. You need a disability lawyer with the skills and experience to explore every available option and fight hard to pursue the compensation you need. Remember, you only have 60 days to file an appeal, so dont wait contact our office immediately.
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Types Of Disability Claims Administered By The Social Security Administration
SSI For individuals under age 65 who become disabled. Claimants must meet certain poverty requirements before their claim will be considered Benefits are adjusted for income. Individuals eligible for SSI also get Medicaid.
Childrens SSI For families with disabled children that meet certain poverty requirements if they do, a child may receive SSI if he or she is disabled. The test for whether or not a child is disabled is different, and usually harder to meet, than for adults.
DIWC A disability program for adults who have worked enough to have insured status under the Social Security System. For disability, a worker must have worked above a minimum amount of 5 out of the last 10 years . A person does not have to file before their work credits run out, but he or she must be found disabled before the work credits run out. Individuals who are eligible for insured disability benefits get Medicare.
DAC A child of an insured worker can draw benefits if he or she is found disabled before age 22 . The childs parent must have died while insured or become disabled and drawing insured status. A DAC who is drawing benefits will lose them if he or she gets married to someone other than another person drawing insured disability benefits.
SSDC This is not a separate type of claim, but it is the name of the type of claim for an individual worker who is both insured and meets the poverty requirements for SSI.
If My Application Is Denied Can I Appeal
If your application for SSDI is denied, you will receive a notice of denial with an explanation of why your claim was denied and information about your rights to appeal. You will have 60 days to appeal the decision. The first step in the appeals process is to request a complete review of your file, called a Request for Reconsideration. If your claim is again denied, you will receive another letter similar to the original notice of denial. The next step in the appeals process is to request a hearing before an administrative law judge within 60 days of the date of the second denial. Administrative law judges are attorneys who work for the SSA. Their job is to hear appeals and uphold or overturn decisions to deny or terminate benefits. If your appeal before an administrative law judge is unsuccessful, you can request that the Appeals Council review your case. The Appeals Council reviews claims on a random basis and can grant, deny or dismiss your case the chances of winning a case before the Appeals Council is only 2-3%. Because the appeals process can be long and complicated, its best to consult an attorney as soon as you decide to appeal your case. The final stage of the appeals process is filing a lawsuit in United States District Court, at which point you will definitely need legal representation. Social Security Appeal Process ->
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Waiting For A Decision On Expedited Reinstatement
When you apply for expedited reinstatement of your benefits, your application goes to Disability Determination Services . It could take months for them to review your reinstatement claim and provide a response. The good thing is that Social Security will pay you benefits for up to 6 months while you are waiting for an answer on your EXR. Even if your application for expedited reinstatement is denied, you do not have to return those 6 months of benefits, that money is yours. In addition, while you wait for a decision on your EXR, you’ll be covered by Medicare or Medicaid . But keep in mind, if your request for reinstatement is denied, you’ll end up losing your Medicare or Medicaid benefits.
Can I Receive Benefits From Both My Ltd Insurer And Ssdi
If you are having trouble getting insurance benefits for a long-term impairment approved, we can help. Bemis, Roach and Reed has successfully handled claims against a long list of major LTD insurance companies including Aetna, Cigna, Unum, Hartford, Metlife, Prudential, Standard, Connecticut General Life, Life Insurance Co. of N.A. , Lincoln Financial, Northwestern Mutual, Reliance, Assurant, CNA, Fortis, Liberty Mutual, and Paul Revere. Partner Lonnie Roach has over 28 years experience representing clients in ERISA claims and is recognized by Martindale-Hubbell as an AV® Preeminent rated attorney. Most plans will pay 50-60% of your salary. Your benefits will continue until you begin working again or for a specific number of years stated in your plan. If you have an STD insurance plan , your LTD benefits will begin when your STD payments end. Your LTD insurer will require you to file for SSDI also, and will offset any benefits you receive against your LTD payments. At Bemis, Roach and Reed we know what it takes to give you your best chance at winning both your claims. Our entire staff is solely dedicated to help folks like you win the benefits you deserve. Receiving both SSDI and LTD benefits ->
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Securing Your Ssd Benefits
The Social Security disability attorneys and staff at Shaheen & Gordon, P.A. have experience and expertise in all aspects of Social Security Disability law practice in the New England courts of New Hampshire, Maine, and Massachusetts, and at federal courts and agencies.
At Shaheen & Gordon, P.A., we are proud of our history fighting to protect the rights of injured or disabled people in our community. Over the years, we’ve helped literally thousands of individuals make ends meet after suffering a disabling injury or illness. If you have recently become disabled and cannot work, then you need to understand your rights and responsibilities. Shaheen & Gordon, P.A. has the experience and expertise to help you.
The Social Security Disability Appeals Process
If Social Security rejects your SSD or SSI application, you have the right to appeal this decision you may also request a hearing with an administrative law judge. However, your appeal can only be for a medical denial, meaning that Social Security believes your medical condition is not severe enough to warrant missing work. Your appeal must be filed within 60 days of the date of your denial letter. This can be done in person at your local Social Security office, or by U.S. mail. Many claimants choose to hire a representative to assist in this process and to build their case. Learn more about the Social Security Disability Appeals process.
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How Your Lawyer Will Prepare You For Questioning
You might be nervous before your hearing, which is normal. But some people tend to make mistakes answering questions when they’re nervous. Your lawyer will probably want to practice asking you questions the judge might ask to help you prepare your answers. Being well prepared to answer the judge’s questions can calm your nerves and make it less likely that you’ll say something that might inadvertently hurt your case.
Your attorney will be very familiar with the procedure of hearings and will tell you what to expect. This can help lessen any fears you have before your hearing.
Cannon Disability Can Help You Win Benefits For Your Physical Impairments
We win benefits for our clients who have physical disabilities. However, you must meet SSAs rules to win benefits. Or, you can win by proving your residual functional capacity prevents you from working. Below you will find some of the main physical conditions that are disabling.
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Ssi And Social Security Disability Lawyers
- The Fee is FreeTM, Only Pay If We Win
- Americas Largest Injury Law Firm
The attorneys at Morgan & Morgan understand the impact a denied Social Security Disability claim can have on an individual and their family, especially when these benefits are the applicants main source of income. More often than not, applications for Social Security disability are initially denied however, an initial denial does not necessarily mean that the applicant is not entitled to benefits.
Unfortunately, applicants who have been rejected may choose to abandon their claims instead of proceeding with an appeal a process that is undoubtedly intimidating to claimants even in a more typical personal injury case where they could potentially recover the benefits they are rightfully owed. At Morgan & Morgan, our Social Security attorneys have extensive experience representing individuals in the application and appeals processes, among other practice areas, and have the resources needed to recover the benefits our clients deserve.
What Is A Reconsideration
The first level in the appeals process if your Social Security disability application is denied is to request a reconsideration of your application by Disability Determination Services. Disability Determination Services is a state agency in Colorado that reviews applications for Social Security Disability Insurance benefits and Supplemental Security Income assistance, the two primary disability programs.
A reconsideration involves a review of your entire file and the medical evidence of your disability by someone who did not take part in the initial decision.The reviewer will also consider any new evidence or information that you have about medical tests and treatments since you previously submitted information. The average time to do a disability application reconsideration is approximately 160 days, according to the Social Security Administration.
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No Attorney Fees Until We Win Your Social Security Disability Benefits
You only pay an attorney fee if we win your case. This means you do not owe an attorney fee until we win your benefits. If we do not win your case, then you do not owe an attorney fee. Additionally, our attorney fee is not more than 25% of your back benefit. Also, the fee has a maximum fee cap. Currently, that cap is $6000. However, in November 2022, the SSA is raising the fee cap to $7200. This means the attorney fee will be either 25% of your back benefit or $6000. The fee is still the lower amount. After November 2022, the fee cap will be $7200. But, you will stay pay whatever amount is less.
To learn more about our attorneys fees, please visit What Will It Cost? Or, give us a call now. We can answer your questions. If you cannot work because of your physical or mental conditions, then you should win benefits.
You paid for your benefits by working. Now you need them. You deserve financial security. Call now. Hire us to be your legal team. If we win your case, then you will have financial security for you and your family. Join Cannon Disability Law on the road to success. Win your Social Security Disability case.
Disability Attorneys Of Michigan
Because our experience matters. This could make the difference between whether you get back pay, or whether you have medical insurance as well. We work hard to make a positive impact on our clients lives. As experienced disability attorneys in Michigan, were with you during the stressful time while waiting for your claim to be heard. And were with you during the critical time when your claim is decided.
Disability law is all we do. Let us put our experience to work for you.
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Rob Levine & Associates Resources
An experienced personal injury attorney is a critical aspect of pursuing a claim against the person or party that caused your injury. Not only is an attorney familiar with the law, they can also help you navigate legal and practical challenges that frequently arise in any personal injury case.
A lawyer is also a great resource for addressing questions about what types of compensation you may be eligible to receive and explaining how to approach your personal injury claim altogether.
Personal injury cases have a statute of limitations, and most of them are between two and four years, depending upon the state in which you reside. As such, its of the utmost importance that you consult an attorney today to file your claim immediately.
Our dedicated team of lawyers and their supporting staff handle all the work for you so you can relax and focus on healing.
Do I Need A Disability Attorney
Although you are not required to hire an attorney to represent you in your Social Security claim, people with experienced representation tend to win their cases more often than those who are not represented. Our knowledgeable staff will ensure that important information gets associated with your file at Social Security, and we are adept at meeting deadlines and avoiding unnecessary delays. We will contact your medical providers to secure all relevant medical records and provide them with questionnaires designed to facilitate a successful outcome. If a hearing becomes necessary, our attorneys will prepare a legal brief setting forth the basis for a favorable decision and will attend the hearing with you to present your case. Contact us today for a free evaluation.
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Finding A Lawyer Or Advocate To Work With
The best disability attorney is one who is experienced, handles a lot of claims and, in most cases, practices in your state. Moderately sized law firms are acceptable, but bigger firms often have more experience simply because they have served more clients and filled out more forms.
Finding representation is as simple as finding a disability law firm phone number online.
There are firms that serve multiple states, and these law offices will be up-to-date on current state laws that may affect disability claims.
Finding a lawyer to work with means taking the first step and contacting a law office. It is never too early or too late to get legal representation for help in winning disability benefits.
Becoming A Disability Advocate
To be a disability advocate, an individual must have a bachelors degree or equivalent work experience or training and undergo a complete criminal background check. He or she should maintain liability insurance and pass an exam on Social Security rules and regulations. Continuing education classes and seminars must be completed.
While an advocate must undergo training, he or she has not undergone as extensive training as an attorney. He or she will be able to help you throughout the claims process, but they may not have the additional skills or educational background needed for the more complex and challenging disability claims.
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Your Lawyer Will Gather And Assess Your Medical Records
If your medical records are incomplete, the ALJ may have grounds to deny your claim. One of the most important services a disability attorney can perform is gathering the proper medical records and submitting them to the court. Although you can request records yourself, an attorney can usually get them more quickly. An attorney will also know when your medical records need updating.
In addition to contacting physicians and medical facilities to obtain your medical records, a disability attorney will review the records in detail and decide which ones are relevant to your claim and should be submitted to the SSA.
Reviewing your records is important because it allows the attorney to determine whether any key test results or documentation are missingand whether your case needs additional medical evidenceand to spot other issues that may arise at the hearing.
If there are gaps in your treatment history, or your medical records contain inconsistent reports, your lawyer will decide how to handle it. For more information, see our article on how disability attorneys develop medical evidence.
Medical Evidence And Social Security Injuries
However, a disability claim will also require the claimant to provide sufficient medical evidence to show the extent of the above injuries are sufficient to receive disability benefits.
Agencies will ask for some or all of the following information:
- Your medical assistance number, if applicable.
- The contact information for the doctor/HMO/therapist that treated the illnesses, injuries, or conditions, or the information for the individual you expect to treat you in the future.
- A list of hospitals, clinics, or emergency rooms you visited.
- A list of medications and medical tests you have had.
If the evidence is not available or insufficient to make a determination, the agency may request a consultative examination.