Do I Need A Lawyer For Social Security Disability In Pennsylvania
While it is not legally required to have a lawyer for Social Security disability in Pennsylvania, having someone on your side to ensure you have the proper documentation may improve your chances of gaining approval.
A knowledgeable disability attorney can help you get:
- The monthly benefits you deserve
- Back pay for the time between your application and your approval and
- Retroactive benefits to cover up to 12 months of impairment before you filed your initial claim
At Berger and Green, our Social Security disability lawyers know what the evaluators are looking for when they process a claim. We can help you get the documentation of your health conditions and impairments, and either help Social Security obtain evidence or provide it to them in a way they can easily access it. Whether you are just beginning the application process or have already received a denial, we can help.
What difference can a lawyer play in my disability benefits application?
The Social Security Administration denies most people who apply for Social Security Disability benefits, at least initially. The reason why varies, but difficulty proving impairment is at the top of the list.
Through years of experience, we know what the claims examiner is looking for in your application. This is often key in getting our clients approved for the benefits they deserve as quickly as possible.
Rob Levine & Associates Resources
An experienced personal injury attorney is a critical aspect of pursuing a claim against the person or party that caused your injury. Not only is an attorney familiar with the law, they can also help you navigate legal and practical challenges that frequently arise in any personal injury case.
A lawyer is also a great resource for addressing questions about what types of compensation you may be eligible to receive and explaining how to approach your personal injury claim altogether.
Personal injury cases have a statute of limitations, and most of them are between two and four years, depending upon the state in which you reside. As such, its of the utmost importance that you consult an attorney today to file your claim immediately.
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What Are The Requirements For Supplemental Security Income Benefits
Supplemental Security Income is a needs-based program that helps disabled individuals with low incomes and limited resources. It is generally aimed at those who are disabled and:
- Have never worked or
- Have not worked long enough to qualify for SSD benefits or
- Have not worked in a long time
Each year, the Social Security Administration sets a limit to determine who qualifies as low-income. In 2022, you must have less than $861 in unearned income such as Social Security benefits, pensions, and cash from friends and family. For a couple, the limit is $1,281. If you manage to work despite your disability, you can receive payments until you exceed the SSI income limits.
To qualify for SSI benefits, you must also meet strict resource limits. In 2022, you cant own assets worth more than $2,000 for an individual or $3,000 for a couple. Resources counted by the SSA include:
- Multiple vehicles
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Put Our Social Security Disability Experience To Work For You
The attorneys at the law office of Brown & Crouppen have extensive experience with disability cases like yours. They understand the application process and have represented hundreds of cases before administrative law judges in federal court. We can work with you to gather the necessary medical evidence , work history, and other documentation needed to help you at every hearing level in the application and appeals process.
Whether you need assistance with your initial application or have already been denied benefits and need to prepare for reconsideration, our Social Security disability attorneys want to help you navigate the complex Social Security disability claims process. Its easy to get started with a free consultation.
Who Is Entitled To Social Security Disability Benefits
Social Security is a program of the U.S. federal government that pays benefits to people unable to work due to a medical condition. Disability law states this must be a medical condition expected to last at least one year or result in death. Federal disability laws require this very strict definition of disability. Furthermore, according to Social Security law, some family members of disabled workers may also receive a Social Security disability benefit.
While some programs provide Social Security disability benefits to individuals suffering from partial or short term disability, Social Security does not.
Social Security Disability Benefits for Dependents
When an adult is approved for Social Security disability benefits, unmarried dependent children under age 18or up to age 19 if still attending secondary schoolmay qualify for benefits as well. Dependents can expect the benefits to be subject to certain limitations. The disability benefit is capped at 50 percent of the initial amount, and subject to a family maximum. The Social Security Administration applies a complex formula to arrive at how the family maximum affects each beneficiary, but $1,830 is the top monthly family maximum for 2010.
Benefits for Family Members
Under Supplemental Security Income disability law, certain family members related to a disabled individual may also qualify for a Social Security benefit. These include the following relatives of the disabled:
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How Can A Social Security Disability Attorney Help Me File A Claim
Nearly 60 percent of all first-time applicants are initially denied disability benefits, and close to 90 percent of applicants seek the help of a representative at some point in the process. The process of applying and appealing denied claims is often complicated, and the chances of success are far greater with the help of an experienced Social Security disability attorney.
Retaining a lawyer can increase your chances of approval and help avoid denials based on technicalities or other common errors. Our experienced attorneys can help gather information vital to your claims success and ensure you complete the steps necessary for obtaining benefits.
If you hire a Social Security Disability attorney to help with your claim, he or she will guide you through the following process:
Preparation: Preparing your claim, which will include gathering documents and other required information is an essential part of the claims process. An attorney can help gather the documentation needed to substantiate your claim, such as personal information military information, if applicable IRS forms bank account information addresses and phone numbers detailed medical records and referrals medication history a list of prior employment history and information on other disability claims, if applicable.
Appeal: If your application for benefits was not approved, you may be able to file an appeal with an attorney.
Why Hire A Social Security & Disability Attorney
Social Security lawyers most often help clients get disability benefits in the form of SSDI and SSI . These lawyers can also offer help with Social Security Retirement and Survivors Benefits claims.While it is helpful to hire an Social Security attorney to help apply for disability benefits, a lawyer is most valuable when your disability claim has been denied. At this point, the attorney can help you navigate the disability appeals process, from crafting an argument for the initial appeal, to representing you at the administrative hearing stage in front of the ALJ . Most disability claims are won at the appeals stage, and a lawyer will prove invaluable. Additionally, lawyers fees are only paid from a winning claim, so applicants need not worry about having to pay a lawyer to help them.
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Do I Need A Social Security Disability Attorney
Many individuals who live with a long-term disability attempt to file for Social Security benefits without the assistance of an attorneyoften, this goes without a hitch. Unfortunately, the filing process for receiving these benefits is exceptionally thorough, complex, and demanding. On top of the initial application challenges, most claims are actually denied. In 2016, 2,321,583 disabled workers applied for Social Security benefits, but only 744,268 were approved. Thats only 32% of applicants. Even a deserving individual suffering from a serious disability can be rejected if they fail to file the correct forms, include the appropriate information, or send in the necessary medical documentation.
An experienced Social Security Disability attorney can help you at any stage in the filing processfrom your initial application all the way to, if necessary, your appeal for rejection. A knowledgeable lawyer can help you:
- File the appropriate paperwork in a timely fashion
- Gather the necessary documentation
- Identify and obtain medical records
- Argue that your medical condition constitutes a disability
- Formulate a case for your appeal
The Social Security system is flooded with applications every single day. If you submit your forms and materials with even minor errors, you could be looking at a long delay before you can start receiving your benefits. If you are considering filing for Social Security Disability benefits, you need the advice and the service of an experienced attorney.
Your Alleged Onset Date Of Disability
An effective way to get more disability back pay is to push your alleged onset date of disability as far back as possible.
What is the Alleged Onset Date?
When you apply for disability benefits, you will have to tell the SSA the date you became unable to work because of your medical impairment. This date becomes your alleged onset date of disability.
Why Does the Alleged Onset Date of Disability Matter for Back Pay?
You cannot receive back pay for the period before your alleged onset date of disability.
As such, I recommend choosing the earliest date possible to serve as the alleged onset date.
In addition, ask your treating physicians to include their opinion on the date you could no longer work in the disability letters they complete.
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How Do You Develop A Disability Case
Our disability attorneys will develop your case to adhere to Social Security rules and regulations, meaning that you do not have to deal with the intricacies of Social Security law. We work to track down important medical records and test results, obtain statements from your physicians, and apply our expertise to your case. With Social Security Disability / SSI law, precedents have been set. Our disability attorneys are aware of these precedents and can utilize them to help you win your case.
A Few Other Situations:
- If you already receive benefits as a spouse, your benefit will automatically convert to survivors benefits after we receive the report of death.
- If you are also eligible for retirement benefits, but havent applied yet, you have an additional option. You can apply for retirement or survivors benefits now and switch to the other benefit later.
- For those already receiving retirement benefits, you can only apply for benefits as a widow or widower if the retirement benefit you receive is less than the benefits you would receive as a survivor.
If you became entitled to retirement benefits less than 12 months ago, you may be able towithdraw your retirement application and apply for survivors benefits only. If you do that, you can reapply for the retirement benefits later when they will be higher.
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Additional Criteria For Claim Eligibility
Qualifying for Social Security Disability benefits depends on several factors. In some cases, it is as simple as proving you are blind. However, for most individuals, other circumstances will be considered.
Most claimants must have a work history in which they paid into the Social Security system, and they must also have a medical condition that rules out full-time employment. Your age and the level of education you have attained may also be taken into consideration. It is generally presumed that a younger person may be able to retrain for a different type of employment.
The Social Security Administration also expects people with more education to be flexible when it comes to finding different types of work, despite the presence of a disabling condition.
When all factors are taken into consideration, people who become disabled over the age of 55, and who have medium-to-heavy work histories, are approved more readily than younger claimants or those who are highly educated.
Questions For An Ssi Attorney Youre Likely To Find The Answer Here
If you have questions that arent answered on this page, please send in your question and a Lemoine Law Firm SSI attorney will provide an answer and add your question to this page. Or, if you would like to speak with an SSI attorney for any reason, please use our live with a representative any time, or call toll-free, 468-3741.
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What If I The Ssa Still Denies My Claim
Sometimes one of our clients receives a denial following their hearing in front of the ALJ. If this happens to you, the most important thing is for you to know we will not give up on your case. There are other steps in the appeals process that may get you the benefits you deserve.
We can discuss your legal options if it comes to this point in your case. Based on the individual facts of your case, we may need to request the Appeals Council review your claim or we take your case to the Federal District Court or we may suggest that the best course is for us to help you file a new application.
Can I Be Working Part Time When I Apply For Ssdi Or Ssi Disability
Depending on how much money you make, you can be working part time when you apply for benefits. Technically, you can still be considered disabled if your earnings are under $1,310 per month , or $2,190 for blind applicants, regardless of how many hours you work. This is called the “substantial gainful activity limit, and it increases a bit each year. That said, if you are working close to this amount, or even making $800 or $900 a month, Social Security will look closely at what you are doing to see if you could maintain full-time work. Especially in todays economy, if you are working part time, a claims examiner at Social Security might assume you are working part time only because you cant find a full-time job. And you might have a hard time finding a lawyer who will take your case if you’re earning more than $600 a month disability lawyers screen out claims they think may be problematic.
Social Security knows that self-employed people, such as individuals who do freelance gigs, odd jobs, or contract work, can sometimes adjust their hours and/or their income to appear as if theyre not working a substantial amount. If you are self-employed, Social Security will use a test other than the SGA limit to see if you are working a substantial amount. For more information, see Nolos article on how Social Security determines disability for the self-employed.
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Social Security Disability Attorneys Who Take A Stand For The Injured And Disabled
Are you looking for the best social security disability attorneys near me in Minnesota, Wisconsin, Missouri, or Ohio? Youve found the right choice. We fight for you.
Social Security SSDISocial Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability. benefits were developed to protect workers and their families from loss of income due to disability or death, also known as SSISSI stands for Supplemental Security Income. Social Security administers this program. We pay monthly benefits to people with limited income and resources who are disabled, blind, or age 65 or older. Blind or disabled children may also get SSI.. Three types of Social Security benefits are available: retirement, survivors, and disability. Retirement benefits are paid based on age. Survivor benefits are paid to family members of deceased workers. Disability benefits are paid based on a workers inability to work for medical reasons.
You are entitled to Social Security benefits one of three ways: If you or your spouse retires if you are a dependent of someone who becomes disabled or dies or if you become disabled.
Disability benefits are paid to disabled workers and in some cases, their dependant children. A form of disability benefits is available
How Much Will My Ex
The amount of retirement benefits the ex-spouse receives depends on several factors, including work credits, earnings, years of marriage, and retirement age. For example, a Texas couple married for more than ten years gets divorced. If the divorced spouse waits until full retirement age, they can receive up to 50% of the benefit amount the ex-spouse would collect.
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The Time It Takes The Ssa To Process Your Disability Claim
Months or even years could pass from when you apply for disability benefits to when you have a hearing with an ALJ and receive a decision. Indeed, the process usually takes from one to two years for many of my clients. And this time is in addition to any delay between your health worsening and applying for SSDI or SSI.
Here is why:
The SSA denies more initial claims and applications than it approves, which means there is a high likelihood you will need to go through several levels of appeals before you get approved.
And you may have to wait months for a decision at each level.
The time you wait, which depends on what stage the SSA allows your claim, affects the back pay amount.