Social Security Disability - 11 Tips for a Successful Claim

More than 3 million Americans receive Social Security disability benefits every year, but, for most of them, it was a long struggle to get those benefits. According to the Social Security Administration, 12 million people apply for Social Security disability benefits every year. However, it is estimated that 70% of those claims are denied during the very first application process.

The Social Security disability process can be a long and tedious one. On average, an initial claim takes 4-6 months to process. And, if you're rejected and have to go through the entire appeals process, your case could drag on for as long as a year and half.

So, how can you increase your chances of having a successful Social Security disability claim on the first try? Start by following these 11 tips:

1. Learn everything that you can about the Social Security disability application process before you turn in your application. Find out exactly what you can expect.

2. File your Social Security disability claim right away. Since even successful claims can take months to process, you will want to get the ball rolling as soon as possible. That way, you stand a better chance of getting your much-needed Social Security disability benefits sooner.

3. File your Social Security disability paperwork very carefully. A huge number of disability claims are denied right off the bat because the forms were not filled out properly. Answer every question on the forms; leaving something blank can get your claim denied. If you need assistance, don't be afraid to ask someone to help you.

4. Your disability claim will be totally judged on your medical records, so be sure to get ongoing medical treatment. If you do not keep seeing your doctor, your examiner may argue that there are not enough medical records to support your claim. Or, you may have trouble getting your doctor to verify the severity of your condition if he has not seen you in a while.

5. Send copies of all of your medical records in with your Social Security disability application. You want to make sure that the examiner in charge of your case has all of the information. If you do not include your medical records, the examiner will have to call your doctor and get the records himself. That's something that could delay your case for months. Or, worse, if the doctor's office overlooks something, your examiner may not get all of the important information he needs to make a fair decision.

6. Bring up everything that is wrong with you, including mental conditions. Your examiner needs all of the information. For example, if you have memory problems on top of your physical impairment, it may make it even tougher for you to perform basic work.

7. Ask your doctor to write a letter on your behalf. Most doctors will not say that a patient is 100% disabled, but they can talk about why you cannot work. For example, they may say that you are unable to sit, stand, bend, or walk.

8. Keep tabs on your examiner. Call Disability Determination Services - not the Social Security Administration - for updates on your case. DDS is the organization that will handle your initial claim and do your medical evaluation. They are best equipped to handle your questions.

9. Do not assume that DDS knows everything. If a new medical condition arises during the course of your claim, tell your examiner. Or, if you have to go in for a disability interview, do not leave anything out.

10. Respond to any letters promptly. Not doing so can get your claim denied. DDS may send you a letter saying that you have to come in for a medical exam with an independent, third-party doctor. Not going to the appointment puts your claim at risk.

11. Hiring a Social Security disability attorney greatly improves your chances of getting your disability claim approved on the first try. A good lawyer will file all of the paperwork, make sure that you do not miss any deadlines, and pass on any updates to your examiner.

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Why You Should Hire A Divorce Attorney Rather Than Representing Yourself

If you have decided that your marriage is no longer working, you have a few different options available to you; you can stay together with your spouse and try to make the marriage work, you can try a legal separation period to see whether this has any effect on the situation, or you can legally terminate your marriage with a divorce. In order to file for a formal divorce, you must complete necessary paperwork and submit it properly. If this is not done correctly, your divorce may not be made official, and you could accidentally implicate yourself in marital crimes, such as polygamy. Although it is possible to file for divorce without the aid of an attorney, most people prefer to use a divorce attorney for a few different reason.

The main reason to use a divorce attorney to represent your interests is because they are skilled and experienced in how divorce proceedings work in the state where they work. They will be able to draw up the necessary paperwork quickly and easily, and they will be aware of any legal subtleties which exist in your area. Some regions have slightly different divorce regulations to other areas, so you may not necessarily be able to follow step-by-step guides which you find on the internet. Because of their knowledge and experience, they will be able to complete the proceedings in as little time as possible, meaning that you can begin to move on with your life, rather than having to drag things out. Divorce attorneys also know the most common pitfalls of divorce work, and therefore they will be able to help you to avoid these issues. Having an experienced person on your side can help you to feel more confident about submitting your finalised proceedings.

If your separation of assets is not clear cut, you may also want to speak with a divorce attorney because they will be able to negotiate the best deal for you. Attorneys are skilled in the art of negotiation, so they will be able to help you to assert your claim on property which is rightfully yours. Many people who do not use a divorce attorney will regret this later on, because they will feel upset about relinquishing their claim to assets which were partly theirs.

If your partner has hired a divorce attorney to represent their interests, it is a good idea to make sure that you have one to represent yours. If you try to represent yourself against a professional with experience in the field, you are likely to lose a lot more money (and assets) than you would stand to spend on hiring your own legal professional. An opposing attorney will attempt to confuse you with legal terminology and tricky loopholes, so that you accidentally make concessions that you don't want to make. Your attorney will protect you in this respect.

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Common Questions When Considering a Social Security Disability Attorney

For those who have a case involving disability, it may become necessary to hire a Social Security disability attorney. There are a variety of benefits that come with utilizing legal assistance in these cases, and the fees are fairly reasonable. In fact, many lawyers will not charge if a case is lost. Clients and potential clients often have many questions when it comes to hiring a lawyer.

When Is a Social Security Disability Attorney Necessary?

One of the most common reasons for hiring a lawyer for these instances is to improve the likelihood of receiving approval for benefits. While some people are able to have a positive outcome without assistance, those with legal counsel almost always have a better chance of winning a disability case than those who do not.

While these attorneys are most commonly sought out after an initial denial, they can be very helpful at the application stage. In fact, their knowledge and expertise during the application stage may often result in an approval in one application period. On the application, the Social Security disability attorney can help argue that an individual's condition meets the required list of impairments or provide advice on an alleged onset date of disability. During hearings or appeals, he or she can assist in collecting relevant medical evidence, such as doctor's opinions, and preparations for any questions that may come from the judge. They can also assist with finding individuals to testify on behalf of the client.

When Should a Lawyer Be Called?

A Social Security disability attorney can be called at any point during the process, but it is best to call one as early on as possible. For those who may be on the fence on whether or not legal counsel is necessary, it is often beneficial to call, as many will provide a free consultation. He or she will be able to examine a case to determine the strength of the case and provide assistance with the application.

Another consideration to think about is final attorney fees. Those who are approved for benefits at the first try will owe smaller fees since there will be no back benefits owed to the client once the benefits are finally approved.

Hiring an attorney after an initial denial can greatly increase the chance of a positive outcome on the second application, and it is also possible to have the case moved through the process more quickly. This is often the case for terminal medical conditions or for extremely dire financial circumstances. However, this tends to be rare, as many must wait for several months before a case is resolved.

For those who are still on the fence about hiring a Social Security disability attorney, there is an instance in which it may not be helpful. For those who have submitted an initial application and are awaiting word, there is no need to get a lawyer yet as there is no point in paying a commission of past-due benefits unless there is a denial in coverage. However, in many other situations, having representation can be incredibly helpful.

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A Workers Compensation Attorney Fights For Your Benefits

Injuries on the job are all too common. Many, if not most people, will face some period of absence from the job because of injury. Luckily, there are many resources for people in search of information about their rights and benefits. The best resource if injured is to call and consult with a workers compensation attorney. You may be friends with your boss or company, but when it comes to filing a suit, they are not your friends. You cannot simply talk with them about paying your medical bills and loss of wages, so it is crucial to hire a workers compensation attorney.

If you even think you may have grounds for a claim call and schedule an initial consultation. A good, qualified lawyer will not charge for an initial discussion of your case and if the person you call says that it will cost you, you should call someone else. It is vital that you call as soon as you know you will need medical help or will be losing time at work. These claims need to be filed in a timely fashion. In order to be most successful, it is important to hire a lawyer as soon as possible.

When you first meet with a workers compensation attorney, ask what your rights are and what recourse you have to pursue legal restitution. Depending on what has happened, you may need money for medical bills, lost wages or sometimes job replacement. In the third instance you may have been injured in a way that prevents you from doing the career you once could. In these instances you have to be sure to get a highly competent lawyer so that you are also compensated for the wages you may have earned in the future had you been able to continue to work in your field.

It should be clear that in very few instances would your workers compensation attorney actually be suing your employer. In fact, you will primarily be hiring them to be sure to secure your benefits and ensure you are given any funds you are due. Employers are generally required to have insurance that covers injures sustained by their employees while they are on the job. Usually it covers medical bills incurred as a result of the injuries, but it also limits the liability of the employer to protect them from lawsuits.

A workers compensation attorney will help you gather the necessary paperwork and documentation of your injuries in order to contact the representatives of the company and then work out the details of your case.

The biggest benefit will be letting someone else who is a professional take care of all of the details while you recuperate. The business of convalescing will require your full energy and it will be easier to heal knowing you don't have to worry about job injury claim.

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How to Determine If You Are Eligible for Social Security Disability Benefits

If you are applying for Social Security disability benefits, you might get overwhelmed by the complexity of the system. Before you are able to apply, you need to determine if your disabilities qualify you for disability benefits. While you and your doctor may believe that you are eligible, you need to fit under Social Security's definition of "disabled" in order to be granted benefits.

Here are the five steps used to determine eligibility for Disability benefits:

1. Are you currently working?

In general, averaging more than $1,000 a month in earnings will disqualify you from receiving Social Security disability benefits. There are a few exceptions, and we recommend consulting with an experienced, local disability lawyer.

2. What is the severity of your disability?

In order to receive Social Security benefits, your disability must be severe enough to prevent you from working and performing other basic activities. A good disability lawyer will spend time with you and your doctors developing a plan to document your condition and prove that your are severely disabled.

3. Does your disability match up with one of the health problems recognized by the Social Security Administration?

The Social Security Administration recognizes several health conditions that qualify you for Social Security disability benefits. However, it is important to note that the list is only a small percentage of eligible disabilities. Among the most common include:

• Chronic Pain
• Chronic Fatigue
• Heart Disease
• Diabetes
• Post-Traumatic Stress Disorder (PTSD)
• Depression
• Bipolar Disorder
• Cancer
• Rheumatoid Arthritis
• Fibromyalgia
• Hepatitis C
• Multiple Sclerosis (MS)
• Spinal Injuries
• Lupus
• Lung Disease

An experienced disability attorney will help you determine if your condition qualifies for Disability benefits. It is crucial you provide the proper documentation to your lawyer so that they can get a proper representation of your conditions.

4. Are you able to continue working at your previous job?

It is important to show that you are not able to continue to perform your previous job. To do this, you will need an expert witness to appear at your hearing to discuss your physical or mental limitations. In fact, the Social Security Administration might bring in their own expert to testify against you, so it is imperative you have a disability lawyer prepared for a cross-examination.

5. Are you unable to perform any other jobs?

After you prove your inability to perform your previous job, the SSA might consider other jobs that you are able to do. Several factors are included in making this determination, including your previous work experience, age, education level, and disability status.

For those applying for disability benefits, it's important to hire an experience disability lawyer to represent you at your hearing. They will help you present a compelling case in order to increase your chances of winning disability benefits. An experienced attorney specializing in disability claims will offer a free consultation and not collect any fees until you win Social Security Disability benefits.

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Seven Family Law Tips to Help You Win Custody Issues

With a divorce rate in the U.S. of approximately 50 percent, there are many reasons why couples end up embroiled in family law battles. Custody issues generally top the list of concerns, as parents want to know who their children will primarily reside with and how substantial decisions will be made regarding the continued upbringing of the children. Here are seven family law tips to help you win difficult custody issues.

1. Be the First to Take Action

If you are the father, the worst thing you can do is wait until the mother of your children takes you to court. Make sure to file first, and it will show that you are sincerely interested in being the primary person in your children's lives and are committed to taking action. If you are the mother, the same reasons apply. You want to show the family law judge how motivated you are to have primary custody by being the first to file a custody action.

2. Avoid Conflict

During divorce proceedings, emotions are usually volatile. Do your best to take the higher road, remain calm, and try not to argue with the other parent. Conflict will only make matters worse and will show the judge that there's a problem with your emotional control.

3. Utilize the Police

If conflict happens and the other parent argues with you, walk out immediately and telephone the police. This will ensure that there is a record of the argument and will stop the disagreement from escalating. It's important to remember not to argue back as that will be recorded in a police report and may be used against you at a later time in court.

4. Be Proactive With Child Support

Even if child support has not yet been ordered, if the other parent spends substantial time with the children, it's a good idea to give at least some amount to that parent every month. Make sure to give the child support in the form of a check or money order and do not give cash.

5. Keep Records of Everything

Keep a written record of every time you see your kids and when you don't see your kids. If you have a custody arrangement in place, make sure to record every instance where the other parent is in breach of that agreement. Record items like late pickup, missed attendance at a parent-teacher conference, and when payments to things like tutors don't get made.

6. Be Consistent With All Your Visits

Always keep your word and make your visits on your agreed upon day. In the event that you're unable to make a visit, call the other parent and explain. The family law judge will look poorly on not making scheduled visits.

7. Go to All Your Court Dates

Attending all court dates is extremely important. If you don't show up for a court date, a warrant could be issued for your arrest.

If the parties cannot agree on a resolution to custody issues, the judge will make this extremely important determination using the evidence presented in court. Following these straightforward tips should help you build a case in your favor.

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Workers' Compensation: How to Ensure You Are Getting the Benefits You Deserve

If you are injured at your place of employment as the result of an accident that prevents you from returning, then you are entitled to workers' compensation. The system is put into place to cover medical costs and protect employees who can no longer earn an income because of injuries they sustain while working. Like most government systems there is a high rejection rate, in part to save money and also because of the many people who submit false claims. Even though the system is difficult, there are some things that you can do to give yourself the best possible chance at receiving the benefits you deserve.

Make Sure You Report Every Injury Sustained

Every time you are injured on the job or get ill because of work, you need to report it to the proper channels. It's not enough to tell your boss and walk away; you need to have it in writing which means filling out a detailed incident report. If you aren't given a report to fill out then your employer will have no record of the injury and may deny that you ever complained to them. If there is no paperwork or an insurance adjuster doesn't call you up to discuss it, then something is amiss. Follow up with your boss or go up the ladder until you get results.
Keep Detailed Medical Records

You should let anybody caring for you know that your injury was sustained at your place of employment so that they can forward your medical bill on to workers' comp and not to you. If you choose to visit a doctor that is not suggested by your employer then you need to be certain that they are certified for workers' compensation claims, otherwise you will be stuck with the bill and will have to apply for reimbursement, which can take a long time. Make sure you keep copies filed away in your records of every hospital or doctor's visit you have made, as these records will come in handy if you aggravate an old work injury and need to prove it.

Be Wary of Employers Who Refuse Your Coverage

In certain cases it's the employer who is responsible for the employee not getting workers' compensation, often convincing employees not to make a claim by lying and saying they wouldn't be approved. Workers' compensation is a no-fault insurance, which means that even if you caused the accident (within reason) you will still be covered. Some employers convince employees that the accident was their fault and that they will not be covered. This is a way for companies to keep their safety records up by keeping accidents off the books and to save any money they would have to pay in compensation.

There are ways to make sure you get the best possible benefits on your workers' compensation claim, and they just require hard work, dedication, patience and possibly a personal injury attorney. The biggest thing to know is that lying or cheating is not only illegal, it rarely works. Always be honest. If your claim is valid then you will hopefully have no problems receiving full workers' compensation for your injuries.

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How A Workers' Compensation Attorney Can Alleviate the Pain of the Process

Back in the old days, employees weren't provided compensation for workplace-related injury and illness, even if the incident was a result of employer negligence. Fortunately, workers' compensation programs protect employees throughout the United States today. If you've been injured on the job, knowing you have the option to file a claim for wages and medical expenses may put your mind at ease. The system can be difficult to navigate alone, but with a workers' compensation attorney, the road to recovery can be much smoother.

Understanding Your State's Laws

Every state is different, and frequent legislation makes for regular changes that can be hard to follow. Very specific guidelines are in place for workers' compensation rights and responsibilities, including, but not limited to:

- How long you have to file a claim

- How much you're entitled to in medical benefits and wages

- Social Security entitlement

When you're ill or injured, trying to find your way through the claims filing process can be all the more difficult. Having a lawyer who knows the ins and outs of your state's system may help streamline the process for you and make you feel more comfortable with the outcome.

Understanding of the Legal System

One of the most obvious benefits of having an attorney is that he or she will have an understanding of the legal system needed to ensure that your claim is handled properly. If you're told that your case can't be accepted by your employer or feel that you might be entitled to more than you're being provided, your legal representative can investigate and determine whether the claim was dealt with legally and fairly.

Should I Obtain a Workers' Compensation Attorney?

Regardless of your specific circumstances, you have the right to consult with a lawyer about your claim. However, if your situation is severe enough to have a potentially long-lasting effect on your ability to work and/or if you question the legality of your employer's handling of your claim, you are strongly recommended to obtain a workers' compensation attorney. Some of these circumstances might include:

- Injuries and illnesses causing irreparable damage, leaving you unable to work at all or in the same manner as you could prior to the injury or illness

- Conditions that require operation(s) or other medical treatments, leaving you unable to work for extended periods of time

- A disability prior to being injured or becoming ill

- A suspicion that your employer wrongfully denied your claim or is mishandling it

The greatest advantage to obtaining a workers' compensation attorney is simple: He or she will be your advocate when you need it most. Being out of work due to a workplace illness or injury is not just a struggle medically; it can make it difficult to pay your bills and care for yourself and your family. In many instances, seeking a lawyer to help you handle your claim and represent you when necessary can be your best course of action.

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Why Hiring a Divorce Attorney Is A Good Idea

As a marriage starts out in euphoria, sometimes it doesn't last and soon enters into a divorce. Around half of all marriages will fall apart and eventually file for divorce. The next step that should be considered is either obtaining a divorce attorney or attempting to file all the legal documents by yourself. There should be some careful consideration before a decision is made.

No one goes into a marriage thinking they will eventually file for a divorce. Dismally in our society, divorces have become more common and accepting than generations before. Either way, the whole family is hurt by a divorce. Emotions and strengths of character are tested during the roller coaster ride of a divorce. By having emotions and feelings being hit so hard, a person going through a divorce should not have to deal with the legal issues pertaining to their case. This era in one's life should not be thought lightly and a divorce attorney should be hired to ease the burden. Even if you are contemplating hiring a divorce attorney, it should be considered that even lawyers will hire and delegate their own divorces to other attorneys.

Advantages When Hiring a Divorce Attorney

1. Experience- Many people going through a divorce, do not have the slightest clue of the legal proceedings. A divorce attorney on the other hand will know exactly what and when to proceed with filings. Having a legal professional that has expertise in family law will be an advantage to your side. They will be able to educate and inform their clients on the particulars of divorce laws that are unique to your locality. Family law specialists will be able to offer their insight on what the outcome of the divorce will yield. There is no perfect divorce equation, but having the experience, a divorce lawyer can have a good guess on what is going to happen.

2. Local Experience- Hiring a local attorney is much better than hiring a high profile attorney that is not located in your jurisdiction. Not only will they will understand the local laws, but they will have a good impression on other lawyers, court clerks and judges who will be running your case. This is an advantage as the lawyer can predict actions of judges and anticipate other divorce attorneys moves.

3. No Emotional Bond- From the emotional toll before and during your divorce proceedings, you will become attached to certain items and intangible aspects through the divorce. A divorce attorney will not have the emotional bond to a court case that a person going through the divorce will have. There is no doubt that the legal representative will have your best interest, but he or she will not make irrational decisions based on emotions. They will rather base decisions upon fair compensation and legal practices. If a person is going through a divorce with children, these emotions are even higher, having another reason to hire a family law specialist.

4. Efficient- If a person is trying to complete their own divorce, it will take a lot of research, time and effort to understand the legal filing process, terms and procedures. If that same person is working and taking care of kids, it's nearly impossible to complete efficiently. When hiring a divorce attorney, these tasks will be handled swiftly and professionally by your divorce lawyer.

5. Expertise- By working with the same type of clients and dealing with the legal system, a divorce lawyer has built an expertise in the family law field. Other attorneys may practice different entities of the legal system, but an attorney who deals strictly with family law and divorce, will have built their reputation and expertise in that field. Whenever hiring an attorney, always make sure they have expertise or credentials showing their skills in their field of practice.

If you are deciding whether or not to hire a divorce attorney, it will be much easier on you and your family if you do. By hiring a divorce lawyer, he/she will be giving the professionalism and experience that is needed when dwelling into the legal system. The divorce attorney be as efficient as possible with filing papers with the courts and not having the emotional bond that their clients hold onto during a divorce. Hiring an expert in the field of family law will give you an advantage and save much time and effort during a high turmoil time in your life.

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The Best Time to Consult A Social Security Disability Attorney

When you apply for disability benefits, the Social Security Administration collects your medical records and other information to make a decision about your case. If you want to file for disability benefits, consider hiring a social security disability attorney. The process is more complex than just filling out an application, and there is a list of advantages to having a lawyer by your side:

Benefits Of Hiring A Lawyer

Even if you are just considering the possibility, it's always best to at least consult a social security disability attorney. A lawyer can review your case and tell you if you have a solid claim to the benefits. It is possible to file the application yourself, however, having legal assistance on your side increases your chances of a positive outcome. A lawyer can move your case faster, if you suffer from a terminal illness or if you are in a rocky financial situation.

Cost

By federal law, a social security disability attorney can only charge 25% or less of your back payment. If your case goes to a federal court or the Appeal Council, costs can increase. In addition, many firms have a strict policy that dictates that if you don't win, you don't have to pay them.

What Are Back Payments?

Since there are a lot of people filing for these kinds of benefits, it might take a long time to process your application. There is a standard five-month waiting period to process your claim. If the processing goes beyond that, you are eligible to receive a back payment. You may receive the back payment anytime between the day you apply to the day the SSA decides whether they will grant you those benefits. Your payment will depend on whether you gain approval, the origins of the disability, when you applied for benefits, and on the five-month mandatory waiting period.

The Decision

The Social Security Administration will make a ruling on your claim based on five factors:

1) How much you currently earn a month: If you earn more than $1070 a month, you are not eligible for this program.

2) The severity of your impairments: In order to qualify for the program, your impairments shouldn't allow you to function physically or mentally. The SSA evaluates disabilities based on a scale from "not severe" to "incapacitating."

3) List of impairments: The SSA has an official listing of impairments and will compare your impairments with that list. In order to be considered disabled, your condition must meet or exceed the requirements of severity of that list.

4) Ability to do your job: The examiner must determine if your condition allows you to do your job. If your condition prevents you from doing your job, you have a strong case on your hands.

5) Ability to do any other job: The examiner must also determine if you can do any other job. Your claim will be denied if the SSA concludes that you're in a stable mental and physical condition, allowing you to do another type of work.

Don't forget that every case is different. If you want to know more, consult a professional.

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