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Disability Claims

OBTAINING BENEFITS FOR DISABLED WORKERS

You have worked your entire life.  Injuries, wear and tear on your body, routine health problems have rendered you disabled and unable to work.  How will you provide for your family?  How will you pay for medical care?  Fortunately, a program was created by the U.S. government and administered by the Social Security Administration to provide certain income and medical assistance benefits to injured workers.  Our social security disability attorneys stand ready 24/7 to assist you in obtaining these benefits.  Below are a few things that you should consider.

What is Social Security Disability Insurance (SSDI)?

Social Security Disability Insurance is a social, government-sponsored insurance program that provides income and health insurance benefits to workers who have been determined to be disabled.  Workers earn these benefits by paying social security taxes.  A person who is determined to be disabled is entitled to monthly compensation, dependent benefits and Medicare coverage after a qualifying period of usually 24-months.

How is Disability Determined?

You are entitled to disability benefits if you:

(a) are determined to be mentally or physically disabled;

(b) you worked long enough, and;

(c) you paid social security taxes.

Generally speaking, if you worked for 5 of the last 10 years, paid social security taxes and were not paid "under the table" and you have a documented, medically supported mental or physical disability you may be a candidate for SSDI benefits.  The only way to determine if you are entitled to benefits is to speak with one of our Social Security Disability attorneys.  The question of whether you are entitled to benefits is very fact-specific and each case is different.  Please call us 24/7, 365 if you think that you or a loved one may be entitled to benefits.

How Much are my Disability Benefits?

As of June of 2020, the average monthly benefit for a person that is determined to be disabled is $1249.00 per month.  This amount depends in large part on your life time earnings.  This amount is determined based upon a very complex system of laws and regulations.  The only way to get a real, unbiased determination of what your benefits may be is to contact one of our experienced disability attorneys as soon as you feel that you may be eligible for benefits.

"I tell my clients to make educated decisions.  Don't spend your life wondering if you could, should or might be entitled to benefits.  Call me and let's figure it out." - Jason Ferguson

What are the Stages of Review?

(a) Initial - The initial stage involves making application for benefits at your local Social Security office.  Most of the time, these requests are denied.  However, this does not leave you without options.

(b) Request for Reconsideration - Within 60 days from the date that you receive a denial letter of your initial application, you can request reconsideration by Social Security.  If you are approved at this stage, you will receive benefits.  If not, you must request a hearing before an administrative law judge employed by Social Security.

(c) Hearing - If you are denied benefits during the initial two stages of review, you may request a hearing before a Social Security judge.  You will typically receive 30 days notice of this hearing and the hearing and will also be told the location of the hearing.  While legal representation is not required, it is absolutely recommended that you employ an experienced Social Security attorney to represent you at this hearing.  A specific set of complex rules apply to these hearings and doing this alone can have disaster.

(d) Appeals Council - If you are denied benefits at the hearing, you may appeal the decision to the Appeals Council.  Please note that the appeals council frequently upholds the decisions of the administrative law judge and failing to higher a skilled disability attorney may reduce your chances of success.  

How Much Will an Attorney Cost to Help me Obtain my Benefits?

Having one of our disability lawyers assist you with your claim does not cost you anything unless you win!  Our disability attorneys are paid from your back pay award.  If you do not recover, there is no fee for our services.  The law generally limits a disability attorney's fee to 25% of the total award or $6,000.00, whichever is lower.  Therefore, you should not let money for attorney fees stop you from seeking the legal help that you need.

I am a Disabled Veteran.  What are my Options?

Disabled veterans face unique challenges when seeking benefits.  Unlike civilian disability claims, disabled veterans must file their claim for benefits through the Department of Veterans Affairs.  The rules for these claims are different than SSDI claims and in some ways more complex.  If you are a disabled veteran, contact us immediately so that we can have one of our disabled veterans lawyers speak with you.

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