Social Security Disability Settlements
Just like those attorneys who practice Insurance Law, attorneys who practice Social Security Disability law get a lot of opportunity to exercise both patience and perseverance. When Social Security denies a disability claim or when a citizen feels he or she has been unfairly treated by the agency, specialists in the field of Social Security Disability Law spring into action.
The melding of the public/private partnership that is Social Security can be an area that is fraught with both emotion and bureaucratic red tape. Government agency employees who have as their goal to deny disability claims are pitted against attorneys who want what their client deserves from all the hard work and money he has put “into the system.â€
The area of Social Security Disability law, particularly for those who have been denied claims and are moving on to the litigation phase, is an ever-evolving field with nearly infinite opportunity for serving the public. New rules being made within the Social Security Administration are changing the way the agency operate and promising to keep attorneys on their toes.
Lawyers dealing with government agencies and disability laws provide a valuable service as advocates for people who have been hurt, lost loved ones, or otherwise need government assistance.
Benefits Available For Social Security and Disability
Social Security provides a vast array of benefit programs and payments that offer a much-needed safety net to many. The most familiar program is probably the Social Security retirement program, a social program that allows retired workers to receive benefits based on their average earnings provided they have worked for a long enough time and earned enough credits over the course of their work history.
Besides Social Security retirement benefits, the Social Security department also pays disability benefits. There are two programs that parties can seek disability payments through:
- Social Security Disability Insurance: The Social Security disability insurance program (SSDI) pays benefits to workers who find at some point they are unable to work due to a physical or mental disability. In certain cases, family members of the worker can also qualify provided the worker worked long enough and paid Social Security taxes. An adult child also may qualify for benefits based on the earnings of a parent provided the adult child has a disability that began before age 22. In some situations, your divorced spouse may be eligible to receive Social Security disability benefits provided the spouse was married to you for at least 10 years, is not currently married, and is at least 62 years old.
- The Supplemental Security Income program: Supplemental Social Security Income (SSI ) pays benefits the following parties who have limited income and resources:
- Disabled adults
- Children
- People 65 and older without disabilities
Texas residents who have specific questions regarding their Social Security benefits can contact a Dallas disability attorney.
Other Benefits available
There are many benefits available for the support of the disabled and those with low incomes. They include Medicaid and Medicare. Children who get SSI usually qualify for Medicaid, a health care program that provides much needed medical coverage. Medicare is a health care program for people who reach the age of 65. Medicare also is provided to parties who have been getting Social Security Disability benefits for two or more years.
Skilled disability lawyers can help
The web of laws surrounding SSI and SSDI is complex and is not easily navigated. With an experienced Dallas disability lawyer guiding you, and fighting for you when necessary, you have a much better chance of receiving benefits than if you go it alone. Social Security disability lawyers understand all elements of the disability claims process. Contact the Abbott Law Office today, located at 3010 LBJ Freeway, 12th Floor, Dallas, TX 75234.
Disabilities Covered by SSD
Social Security Disability is a social program that pays monthly benefits to people who become unable to work due to medical issues, provided the disabled worker has worked and paid Social Security taxes for a long enough time to qualify. The key element of this program is that it is related to work. Workers in Texas and across the country earn coverage for themselves and family members by paying Social Security tax for a long enough period of time.
SSDI covers a wide swath of workers who are disabled, as well as disabled widows/widowers, and disabled adult children of workers. Disability attorneys can explain the program in detail to you.
Under the program, benefits are provided exclusively for severely injured workers who are unable to perform any gainful work for at least 12 months and for those with a terminal illness or disability that is likely to be permanent or prove fatal. Physical and mental disabilities may be eligible.
Covered disability defined
A covered disability is defined as one that renders a party unable to engage in substantial gainful activity (SGA) due to certain medically determinable physical or mental impairments that can be expected to result in death, or that have lasted or can be expected to last for a continuous period of at least 12 months. To collect Social Security disability benefits if you are based in Houston, elsewhere in Texas or living out of state, you must meet certain requirements.
A Listing of Impairments is used to evaluate claims for disability benefits under the Social Security Disability insurance program. The Listing of Impairments describes impairments considered severe enough to prevent an individual from engaging in any gainful activity. Most of the listed impairments are permanent or are expected to result in death. For all other listings, the evidence must show that the impairment has lasted or is expected to last for a continuous period of at least 12 months. One of our Houston, Texas disability lawyers can explain all aspects of types of illnesses that may be eligible for benefits.
Physical disabilities
Benefits may be available for physical disabilities including, but not limited to the following:
- Asthma
- Diabetes
- Herniated disks, and other lumbar and cervical (back and neck) problems
- Arthritis
- Heart problems
- Spinal disorders
- Fibromyalgia
- Sleep apnea
- AIDS
- Cancer
- Hepatitis
- Cirrhosis and other liver conditions
- Brain injuries
- Cerebral palsy
- Lupus
- Chronic fatigue syndrome
- Multiple sclerosis
- Repetitive stress disabilities
- Hearing loss
Mental disabilities
Mental and psychiatric disabilities that may be covered include but are not limited to the following:
- Anxiety
- Agoraphobia
- Panic attacks
- Depression
- Schizophrenia
- Bipolar disorders
- Mental retardation
A skilled Houston disability lawyer knows how to evaluate your case and develop a strategy for obtaining the benefits you and your family deserve.
This article was provided by the Abbott Law Office. Contact them at 888-350-2076 today or stop by the main office at 600 S Tyler St, Amarillo, TX 79101 to speak to a Houston disability attorney.
Supplemental Security Income and Social Security Disability Appeals Process
It is not uncommon for claimants to be denied Supplemental Security Income (SSI) or Social Security Disability benefits when they first apply. In fact, Disability Determination Services, a state agency funded by the federal government, reports that 62 percent of initial claims are denied. However, all is not lost:Â Some of the denials are actually overturned through the appeals process.
If you receive a letter from the Social Security Administration (SSA) denying your application for SSI or Social Security Disability benefits, you can appeal that decision. It is important to remember that you must respond within 65 days from the date on the letter, or 60 days from the date you actually received the letter.
Four levels of appeals
The four levels of appeals are described below:
- Level 1 – Reconsideration: All of the documentation will be reevaluated by a disability examiner who was not part of the initial determination. You will be given an opportunity to explain your case in person and to provide new information about your claim for disability benefits. The examiner will take into consideration the evidence presented at the hearing and notify you by mail of the decision. Approximately 14 percent of appealed cases are overturned at this stage.
- Level 2 – The Hearing: If reconsideration is denied and you wish to appeal, the next step is a hearing before an administrative law judge (ALJ). The judge will make a decision based on information from the reconsideration level and any new information that may be provided. At this level about 60 percent of the cases are overturned.
- Level 3 – Appeals Council Review: The role of the Appeals Council is to review the ALJ’s decision and examine documentation. They will either make a decision or send it back to the ALJ for a second hearing. About 27 percent of the cases appealed at this level are sent back to the second level for further action.
- Level 4 -- Federal Court Action: If the appeal was again denied, a lawsuit can be filed in federal district court. The court will review all the information and make a decision without any future hearings. Federal court is essentially the end of the road in the appeals process, and if your claim is denied at this level, your only recourse would be to start over and file a new disability benefit claim.
At each level of appeal, you should request a copy of your file, review all information to understand why you were denied Social Security benefits and check to see if the information is complete and accurate. You can submit additional information on your disability that might be relevant to your case.
When should I see an attorney?
Statistics show that claimants represented by Social Security Disability attorneys have a much higher success rate than people without any representation – 40 percent higher. In fact, the best time to hire an attorney is at the earliest stage of denial.
If you have been denied a disability claim, the experienced Social Security Disability lawyers at Berry & Associates can help. You can contact us via email or call us at 1-888-330-7874.
Disability Laws – Berry & Associates
How We Can Help
The law offices of Berry & Associates have extensive experience in winning social security benefits for clients that deserve them. We have, and are prepared to, take your case as far as necessary to obtain a favorable decision with respects to your benefits.
Below is a partial list of the things our firm will do to ensure you have the best chance for success. As you read through it, we encourage you to ask yourself…
Do I really want to try to do something this important to me and my family without the help of a qualified representative?
- Quickly and accurately determine the exact status of your case today.
- Request all necessary medical records from treating physicians and specialists.
- Review, decipher, and request clarification of medical records.
- Properly prepare your initial claim application (or appeal) along with all supporting documentation.
- Work closely with the all individuals assigned to and responsible for your case, including the Disability Examiner from the Disability Determination Services office, members of the Office of Hearings and Appeals, potential witnesses, etc.
- Ensure all deadlines are met and that the process is moved forward at the fastest possible rate.
- Accurately compute the dollar amount of benefits owed to you and your dependents, including money due for back benefits.
- Travel to your hearings anywhere in the United States at no cost to you.
- If necessary, submit documentation and evidence for a Request for Reconsideration, Appeal to the Social Security Appeals Council, or lawsuit in the Federal District Court.
Contact our disability attorneys today for assistance on disability laws.
Berry & Associates 1-888-330-787
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