What exactly are SOCIAL SECURITY DISABILITY BENEFITS?
Social Security Disability is an advantage obtained from the Social Security Administration by disabled employees and in a number of cases the dependents of theirs, similar to those received by retired employees.
In order to get benefits under the Social Security Disability plan, you should have a mental or physical health issue (or maybe a blend of problems) that is preventing you from functioning in any normal paying job for more than 1 season.
The test is not if you’re able to return to the old job of yours, and the test is not whether or perhaps not you’ve been able to find work recently. Instead, the check is whether you’re able to do some job obtainable in the national economy. By utilizing an extensive set of laws, the Social Security Administration takes into consideration the medical condition of yours, your abilities, your age, your training and the work experience of yours in determining the case of yours.
WHAT HAPPENS In case I QUALIFY FOR SOCIAL SECURITY DISABILITY BENEFITS?
If you’re found qualified for Social Security Disability benefits, all you need to do is to go to the nearest social security branch, for example if you’re in Indiana, you need to go to Social Security Branch Bloomington IN you’ll get paid out retroactive benefits starting five months that are full after you start to be impaired, but just for a maximum of twelve weeks before you used for benefits. (Please see below for extra info on the amount) and length.
Just how much MONEY WILL I RECEIVE In case I QUALIFY FOR SOCIAL SECURITY DISABILITY BENEFITS?
A disabled claimant is going to receive exactly the same monthly benefit that he will get had he retired at total retirement age (sixty-five years old or even more based on age). The amount of cash received will hinge on one’s past work record.
Just how long WILL I Have the ability to RECEIVE SOCIAL SECURITY DISABILITY BENEFITS?
You are going to receive Social Security Disability benefits so long as you remain unable and disabled to perform. The benefits of yours won’t run out since you didn’t add plenty into the Social Security feature.
When Can I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?
You need to use for Social Security Disability benefits quickly after you start to be unable and disabled to perform. You don’t have to wait twelve months to generate, your disability needs just be likely to survive for a minimum of one season or perhaps will cause death.
How can I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?
You are able to complete an application for Social Security Disability benefits at the regional Social Security office nearest to the home of yours or even by phone. The phone and address number of your neighborhood Social Security home office may be acquired by calling 1-800-772-1213. When using you must be well prepared to provide Social Security a listing with the labels, addresses as well as telephone numbers of all of the doctors, centers or hospitals who’ve treated you for the problem of yours. You should also bring a summary of where you’ve worked in the past fifteen years.
You’ll in addition have to offer Social Security with a certified or original copy of the birth certificate of yours, your final earnings documents (W 2, final pay stub, declaration of the employer of yours, etc. copies as well as) (keep the originals) of any health information you may possibly be ready to attain.
Please note, nonetheless, that you shouldn’t delay filing for benefits in case all documents aren’t immediately available.
WHAT DO I DO In case I’m DENIED BENEFITS?
Lure! Many disabled individuals get disheartened and upset after they get a disability benefits denial and they don’t appeal. This’s usually a huge mistake. Nationally, approximately seventy-five % of all candidates are denied about and initially, ninety % are denied at the original appeal stage–Reconsideration. But a lot of these people eventually receive the benefits of theirs, nationally approximately 70 %.
What might be most irritating about requesting Social Security Disability benefits is the procedure itself. Those who apply are sometimes made to feel as they’re asking for something which they don’t deserve, and absolutely nothing could be more from the reality. Social Security Disability isn’t a welfare program; these advantages are compensated for you and were meant to serve as a monetary buffer providing you or maybe a relative started to be gravely ill or even injured. Thus in case you’re unable to do the job, though you’ve been denied advantages, you need to appeal.
Do I Want A lawyer?
You’ve the best to possess a lawyer stand for you in your Social Security Disability situation. Statistics have found that claimants represented by Attorneys happen to be a lot more productive compared to individuals with no representation. You ought to seriously think about the benefits of having an Attorney symbolize you by evaluating what a lawyer will do in your Social Security Disability situation.
WHAT WOULD MY ATTORNEY DO TO REPRESENT ME In my own SOCIAL SECURITY DISABILITY CASE?
- Every situation differs. Your Attorney’s function depends on the specific facts of the case of yours. Nevertheless, a several of the issues an Attorney might do are:
- Gather evidence
- Analyze the case of yours under Social Security Regulations
- Contact the physician of yours and explain Social Security Regulations to attain a report in line with those laws
- Obtain files out of your Social Security Disability file
- Ask that a prior program for advantages be reopened
- Advise you exactly how to best ready yourself to testify at your hearing
- Protect the right of yours to a good hearing by objecting to poor procedures and evidence
- If you succeed, help make sure that the Social Security Administration properly calculates the benefits of yours
- If you lose, request an evaluation of the hearing choice by the Social Security Administration’s Appeals Council
- If needed, represent you in a Federal Court review of the case of yours
Exactly how MUCH Will it COST TO HIRE A lawyer?
Most Attorneys who handle Social Security Disability cases are going to accept them on a contingent charge time frame of twenty-five % of past due benefit or perhaps $5,300 whichever is much less. That’s, there’s no charge in case you lose, though you’ll be required paying some out-of-pocket expenditures incurred by the Attorney in the representation of yours. Such expenses usually include charges for photocopying as well as payments to hospitals and doctors for medical records as well as accounts, along with other miscellaneous costs. Total expenses generally are less than a hundred dollars.
When Can I CONTACT A lawyer?
Quickly, preferably once the original application of yours is denied. An Attorney will likely then be in a position to begin helping you in deciding in case you’re disabled, as that phrase is identified by the Social Security Act. You’ll then have the ability to determine if you would like to follow the original appeal stage–Reconsideration; and the Attorney of yours could start creating methods to convince the Social Security Administration that you’re disabled.
Attorneys in Social Security Disability instances do a lot more than sit in at a hearing and get a couple of issues. Much pre-hearing preparation, evaluation, and research gathering go into sufficient representation for the case of yours. For this particular main reason, you shouldn’t wait until a week or even 2 before your hearing to contact a lawyer. The earlier an Attorney can begin working on the situation of yours, the better the chances of yours of winning.
Please note that not every Attorneys practice prior to the Social Security Administration. You are going to do better to get a lawyer familiar with the complicated Social Security Disability laws and the relatively uncommon Social Security Disability methods.