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Social Security Disability
The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide social security disability assistance to people who are disabled or unable to work. It is very important to file a social security disability claim immediately, mainly because disability claims take a long time to process and more than 50 percent of claims are initially denied.
While an individual can file for social security disability benefits on their own, many people can find the process daunting and intimidating. It is a good idea to get an attorney to help file your social security disability claim, and provide guidance during the hearing process and/or appeal for reconsideration. Often a claim is denied because the claims examiner did not receive enough information to determine the extent of the disability and how it might interfere with the person's ability to work. An attorney can also speed the process by obtaining necessary medical and pharmacy reports.
The Federal Government of the United States provides Social Security benefits to qualified individuals who have been determined to be partially or totally disabled. These benefits are known as SSI, SSI Disability, SSD, Social Security Income or Social Security.
Social Security Disability Benefits or SSDI are paid to individuals who have generally worked for worked 5 out of the last 10 years. For individuals under 31 years old, the requirements are different since they have not been in the work force as long.
Appeal for a Reconsideration
If you are initially denied a claim, don't give up. You can request a hearing and even file suit in federal court if needed. Once you read and understand why your social security disability was denied, you must file an appeal within 60 days. If you fail to file for reconsideration within the sixty days you are disqualified for benefits.
If you file for Reconsideration and are turned down, YOU MUST FILE A REQUEST FOR HEARING WITHIN SIXTY DAYS. If you fail to file your request for hearing within sixty days you are disqualified for benefits.
If you file a timely appeal for hearing, a hearing will be heard before an Administrative Law Judge. Nationally, approximately seventy (70) percent of applicants are approved at this stage.
If your application is denied for medical reasons, you can complete and submit the required appeal request and appeal disability report online. The report will ask you for updated information about your medical condition and any treatment, tests or doctor visits since your previous application was submitted. If your disability benefits were denied for non-medical reasons, you should contact your local social security office to request a review.
Right To Attorney Representation
Individuals have the right to attorney representation. An attorney gathers and analyzes evidence, including medical documentation. An attorney can provide you with the necessary forms to have your doctor fill out that can help you get approved for benefits. An attorney will appear with you at your hearing and argue your case before an Administrative Law Judge. An attorney will cross-examine the Vocational Expert that will be testifying before the judge. An attorney will appeal your case, provided there is merit, if you lose at the hearing.
Most attorneys take the typical SSI Disability case on a contingency basis. That means you only pay if you are approved for benefits. Your attorney is limited to charging you twenty-five percent (25%) of any past due benefits or $5,300, whichever is less.
Register your SSI Disability CaseIf you feel you qualify for damages or remedies that might be awarded in a possible SSI Disability lawsuit, please click the link below to submit your complaint.
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I am currently being represented by a Tulsa attorney for Social Security benefits.
I have recently been denied for my reconsideration.
I would like to attain a new attorney in place of my current.
I have PTSD (non-combat). I am presently being treated for depression, and panic disorder with agoraphobia.
I have no income, therefore I am unable to pay in advance, and so I am searching for an attorney that would represent me on contingency terms.
Please reply, and let me know if, or not, that would be possible.
What do you do when your "Lawyer" files medical records that are not yours, the ALJ goes way beyond his authority to give an un-favorable decision. The lawyer then files a 5-page brief 4 months late and un-dated then refuses to file a federal appeal?? I found another attorney who had no problem filing but u need your records to do that and I was denied that right up until the time was out to file!! I even wrote in for more time and just got a letter (2 1/2 yrs. later) saying the ALJ didn't act correctly but I didn't write in within 180 days......I only put the ALJ's actions as one of 20 reasons I should be granted an extension for a federal appeal, along with the fact I needed my records from the case yet nobody got a letter, I called for weeks, maybe months to every section of the SSA and they never got a letter from me!! Now I get it and there is nothing that can be done, I have Senator's, Congressman, you name it try and get absolutely no where with it.....What does somebody do in this situation?????? I was forced to re-file last year by welfare or my daughter and me would be cut off of the little help we do get, so to the SSA, it just done, no matter WHAT HAPPENED!!!! SERIOUSLY, CAN THEY GET AWAY WITH THIS??
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