Making a decision to file for Social Security disability is a life altering event that should not be taken lightly. Many individuals file because they have no other option, but that is not necessarily the case for everyone covered by the Social Security program. There are several issues everyone should consider regarding a decision to file for disability, as many workers continue to work well beyond the time they could actually be ruled disabled by SSA. Arriving at the final decision to file is typically most effectively accomplished by taking an in-depth inventory of how it will impact your life and then determining a course of action. Disability determinations are based on medical conditions, including the impact of several conditions that affect each other. Any one medical issue may not be listed as an established disability, but the combined effects could result in a condition similar to a another decided condition. The evaluation process of approving a claim can be complicated, and all cases are unique in some regard. This is why it is always vital to have an experienced Social Security disability lawyer representing a claim. Here are a few questions you should consider before contacting a lawyer.
Do I Qualify for Benefits?
Social Security disability is an insurance program that requires the recipient to first qualify based on their Social Security tax payment record. Individuals who have not paid into the work credit system will not qualify for Social Security Disability Insurance. Depending on personal assets, disabled individuals could be eligible for Supplemental Security Income, but the rules for remaining on the program long term are considerably different. Being approved based on medical issues is the same standard, but SSI is only approved in one-year increments. A Social Security disability lawyer can help with the approval of claims for either program and assist in remaining qualified.
Does My Medical Condition Qualify as a Disability?
Some Social Security disability claims are relatively automatic and already approved in previous cases, but not all medical conditions are immediately acceptable to the government. However, the SSA also recognizes that each individual may have unique medical histories that could impact their ability to work, especially when the claimant has multiple issues that impact overall health. It is important to remember that filing for SSDI is not a medical claim per se, but is instead a claim that the applicant cannot earn a living because of a verifiable medical disability or multiple conditions. A Social Security disability lawyer can gather all of the medical documentation along with testimony from all individuals involved and demonstrate how the combination is similar to a condition previously approved by the agency.
How Do I Choose a Lawyer?
It is always best to choose an attorney who has a long track record of winning results for their clients when filing for disability. The SSA is well-known for delaying even obvious disability claims, and an experienced attorney with a solid results record will often have established relationships that can help in a timely claim approval. In addition, for those who are eligible for SSI, the rules are more stringent and benefits are only approved for one year at a time. It is always best to have an attorney who is familiar with the case and can step in quickly if benefits are stopped following an annual case review. Improvements in a medical condition can justify a stoppage of benefits in some cases, which can also impact eligibility for medical benefits. On the other hand, SSDI benefits are almost always total and permanent disability declarations. This means that it is always best to retain an attorney who has established working knowledgeable of how the SSA makes a final determination and how to best protect benefits.
While it is not necessary to hire an attorney before filing a claim, it is always advisable to consult with a Social Security Disability attorney beforehand because the rules can be confusing and there is a limited number of times an individual may apply for benefits. The lawyer you select matters. Call the Law Offices of David Kohm today to speak with an experienced Social Security Disability attorney at any of our convenient locations and get a free consultation.
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