Monday, June 6, 2016

Know Your Rights! Know When To Hire a Social Security Disability Attorney

Social security disability benefit provides disability payments on a monthly basis to those who are unable to engage in employment activities due to physical or mental issues. Have a social security disability attorney represent you for successfully winning the case especially when you are denied these benefits. However, for you to enjoy these benefits; there is a strict qualifying process that you need to pass. There are certain aspects a claimant must prove to the social security administration and this article throws lights on these pointers.

Qualifying process

In order to qualify for social security benefits, the claimant must prove to the administration that he or she is disabled as per the rules laid down by social security administration. Disability could be physical or mental and the claimant should not be able to gain from substantial employment activity. However, small amount of earnings from work can still qualify. A lot of time pin pointing the disability is somewhat skewed because on average 70 percent of applications are denied the first time. However, with the representation of an experienced social security disability attorney, you can convert denials into accepted claims either by reconsideration or through a hearing before an Administrative Law Judge.

Another point to consider is that the claimant should be fully insured for social security benefits. You should have worked to earn 20 calendar quarters of coverage from 40 calendar quarters before you became disabled. This means if you have worked 5 out of 10 years before becoming disabled, you become eligible. If you fall below 30 years of age, you qualify with fewer quarters of coverage. When these eligibility criteria are met, you must finally prove that you are disabled. Benefits are available if you have total disability; If you are partial disabled it will not qualify. You have to be unable to find employment because of medically determined mental or physical impairment. This condition should have or continue to last for at least twelve months.

Legal representation by a social security disability attorney in proving facts

Due to specific significant aspects, you might consider having a social security disability attorney represent you. An attorney helps to gather the right material that is favorable to you in a court of law. It's important to define what qualifies as substantial gainful activity (amount of earning change every year, 2009 saw this threshold amount to be $980 per month), severity of impairments (medical proof of severity of the disability must be produced), listings of impairments (your disability should meet one of the set of impairments as published in the regulations), past relevant work (incapability to do any work you did in the past), other work (incapability to do any other work as well).

Strict guidelines are mentioned in grids that are social security circles. When work capacity, past relevant work, education and your age fit into one of the grids, the legal system determines if you are considered to be disabled or not. However, this is only an indicative framework and if you have other proof to produce, you can do so with the help of a social security disability attorney who can effectively represent you and win the case successfully.

Make an educated decision when looking for the right ssd attorney.

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