Improve Your Chances of Winning Disability with a Lawyer

The Social Security Disability Process

If you have become disabled due to an illness or injury, you may be able to receive disability benefits through a Social Security disability claim. You should be aware that the Social Security Administration (SSA) rejects the majority of initial claims for Social Security disability benefits. The application process can be complicated and time consuming. You can apply on your own for a disability claim but the assistance of a skilled disability lawyer can significantly increase your chances of winning disability benefits. When a social Security Disability lawyer takes your case you will have an advocate who is familiar with SSA requirements for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

Am I Eligible for Social Security Disability Benefits?

Medical Criteria

To establish that you have a disability to the Social Security Administration, you have to provide documentation of your overall health history, most specifically on the condition that prevents you from being able to work. The condition must be expected to last more than one year or result in death. The SSA recognizes certain conditions that can qualify for disability benefits. If your condition is not recognized by the SSA, you still may be able to receive benefits as well. In either case, you need to demonstrate to the SSA that the condition significantly hinders your ability to work.

Medical evidence gathering

Experience with Doctors and Healthcare Providers

You will need to be thorough in filling out the forms and gathering up all of your medical evidence. You may believe that you have all relevant medical evidence and documentation, but any missing or outdated information, as well as any inaccuracies, can cause your claim to be rejected. An experienced disability lawyer however, knows the ins and outs of communicating and dealing with busy doctors' offices, hospitals, and medical providers.

Your lawyer will make sure that all relevant test results and diagnostic findings are not left out. This is something to consider if gathering up and organizing your medical records sounds like an arduous process.

Employment and Financial Information

The process of acquiring your employment or financial information is also an important aspect of being approved for disability benefits. If you are applying for SSDI benefits you will have to provide detailed information on your work history. If you are applying for SSI you will have to provide accurate information on your income and assets. There will be more forms to fill out as well. Your attorney can help you make sure that all relevant information is provided and that all forms are filled out correctly, which can significantly improve your chances to win disability benefits.

Social Security Disability Insurance

Employment records and work credits

Social Security Disability Insurance is based on your work history. As you work, you pay into the Social Security system. The amount you contribute and length of time you work for will determine the amount of work credits you have accumulated. Work credits are used to calculate Social Security payments, including monthly disability benefits. With the assistance of a disability lawyer, you can make sure you aren't missing anything that can maximize your SSDI benefits.

Supplemental Security Income

Your Assets and Income

If you don't have a significant work history, you may not have earned enough work credits to qualify for SSDI benefits. You may however, be able to receive Supplemental Security Income. SSI benefits are intended for people with limited income or assets. In some cases, applicants submit income or assets that put them over the the limit when they could have left them out and actually qualified for SSI. An experienced disability lawyer can make sure that only the assets that count towards these levels are included.

Denied Disability Claims

Why Was My Disability Claim Denied?

Oftentimes disability claims are denied when the applicant is actually eligible to receive benefits. As noted, the disability claims process is complicated and even minor errors or omissions can trigger a denial by the SSA. A disability lawyer can help you to avoid these situations, but can also be helpful with preparing you for a disability appeal if your initial application was denied.

Common Mistakes in the Disability Claim Process

The process of filing a disability claim is complex and detailed. There are common mistakes that can hinder your chances of approval even if you are qualified.

Here are some of the most common reasons that disability claims are denied:

Insufficient or missing medical evidence
Inaccurate or incomplete application
Missed deadlines
Failure to keep doctors appointments or follow medical advice

Legal representation can help you avoid these common errors

With the assistance of a disability attorney, you can make sure these issues don't cause a legitimate claim for benefits to be denied. Disability attorneys will work with you to meet all deadlines and also ensure that your applications, medical history, and medical compliance are as thorough as possible.

Social Security Disability Appeals

Your chances of winning disability with a lawyer on appeal are also better than if you try to file an appeal on your own.

The four levels of the disability appeals process are:

Reconsideration - review of the initial request
ALJ Hearing - a hearing before the Administrative Law Judge (ALJ)
Appeals Council Review - a review of the ALJ process
Federal Court - file an action for a review of the Appeals Council decision in Federal Court

Each step has a 60 day deadline to file after the prior decision. You will also need to be prepared for the process. When you have an experienced social security disability attorney at your side, you have the advantage of having someone who has seen the disability appeals process unfold and can help you prepare as thoroughly as possible.

Your Administrative Law Judge (ALJ) Hearing

If you lose at the first stage of the appeals process, Reconsideration, you may have better chances of winning disability at the ALJ Hearing stage. At your appearance before the Administrative Law Judge, you may undergo cross-examination and have to answer many questions. Your chances winning before the ALJ may be even better with the assistance of a disability lawyer to help you prepare for the hearing.

Disability attorneys are familiar with the questions you will be asked and can guide you on the best way to respond to them. This stage of the disability appeals process is also important because it gives you an opportunity to present new evidence and documents. Your disability attorney would make sure any new evidence is as thorough and complete as possible. A vocational expert may testify at your hearing in regard to your ability to work. Although they are expected to be impartial, vocational experts may not have everything correct when it comes to your inability to work. An experienced disability attorney can question the vocational expert to help ensure that your case is presented in the most favorable light.

Back Pay and Retroactive Pay

Given the length of the disability appeals process, you may be entitled to back pay for the time you would have received benefits had you been approved for your initial claim. In some cases, a certain amount of retroactive pay can be available for individuals who filed their disability claims sometime after the onset of the disabling condition.

Hiring a Disability Attorney

Contingency Fee, No Money Down

When a disability law firm takes your case you don't have to pay a retainer or any other fees. Your case will be taken on a contingency basis, meaning you only pay if they win your disability case and you receive your benefits.

Experience and expert guidance

You also have the advantage of your disability lawyer's experience and familiarity with the entire disability benefits process, from the initial application stage to the appeals process. Having a social security disability lawyer assist you at any stage of the process can as much as triple your odds of winning disability benefits.

Friedman Law Firm: Disability Lawyers

Friedman Law Firm, handles disability cases in the greater Birmingham area of Alabama. If you need to apply for disability benefits, or have already applied and had your benefits denied, the Friedman Firm is here to help. We pride ourselves on having winning disability benefits strategies and a satisfied clientele. Contact us today