Social Security
Disability
If you are unable to engage in any substantial
gainful employment by reason of injury or illness, you may be eligible for
social security disability. Your history will be examined to determine
your education and work experience. If your medical condition prevents you
from performing any type of substantial employment, you may be entitled to
past due benefits and monthly benefits while disabled. The attorney fee is
based upon time expended by the attorney and it is deducted only from past
due benefits. No attorney fees are imposed upon any future benefits
awarded to you, and you will only owe
attorneys fees if your claim is successful..
You are only entitled to Social
Security disability benefits when you make application with the Social
Security Administration if you are unable to engage in any substantial
gainful employment by reason of injury or illness. You initiate this
process by making application with the nearest Social Security
Administration District Office. You can find the location of the
nearest Social Security Administration district office by calling
1-800-772-1213. This is the office that you should contact to make your
application for Social Security disability benefits. This process can
often be done over the phone and using the mail so a trip to the Social
Security Administration office may be avoided. When your application is
filed, it normally takes three or four months for the initial
determination.
If your initial application for Social Security disability benefits is
denied, you will have approximately 60 days to file an appeal of the
denial. This first appeal is called a request for reconsideration. This
process involves an agent of the Social Security Administration reviewing
their initial denial decision and allowing you to submit new evidence.
Unfortunately, only about 10 to 12 percent of all claims at the
reconsideration level result in a favorable decision.
If the reconsideration is not favorable, the next step is to request a
hearing before an Administrative Law Judge. This request for hearing must
be filed in writing within 60 days of your receipt of your reconsideration
denial. Since you are now appealing before a Judge, it is critical at this
stage that you have the assistance of a skilled attorney. Only a skilled
attorney knows what evidence will be most effective in presenting your
claim. That is, he or she knows the law, the evidence necessary to carry
your burden of proving your case, and the proper method and manner of
obtaining and presenting that evidence. In order to prevail, your
testimony and the testimony of your witnesses must be carefully and
exactly presented to overcome the special requirements the law requires in
this area. The attorneys of Slape and
Howard, Chtd. are experienced in this area can assist you in acquiring and
presenting favorable evidence and complying with Social Security
Administration guidelines.
If you are denied at any stage of the process upon making application for Social Security disability benefits, you should not give up. Individuals who are initially denied may have their decisions reversed on appeal, and are often determined entitled to Social Security disability benefits. It is important that you know how to proceed with an appeal of any denial and present evidence in support of your claim.
A skilled and experienced attorney who
practices social security law will be invaluable to you and your claim,
therefore it is essential to contact Slape and Howard, Chtd. for a free
initial consultation and evaluation.
You may also submit your potential case information to Slape and Howard,
Chtd. by clicking by
clicking here.