Special Help For The Disabled Over Age 50
A lot of people who apply for Social Security disability are over the age of 50. They have worked hard during their entire life and paid into the Social Security system. But now due to an injury or illness, they cannot do their job anymore and cannot find other work. Many of these individuals are denied benefits when they apply for disability.
The SSA treats individuals who are older than 50 according to a special set of rules. An experienced Social Security Disability lawyer can use these rules to help win a disability case. Further, there is a better chance for Social Security Disability lawyers to obtain an on the record decision when a claimant is over 50 and can no longer do the sort of work he or she has done in the past.
If you are over 50 years old and are limited to unskilled, sedentary work, Social Security will presume that you are unable to transition to other work due to your age. This can make a huge difference for your claim. A person limited to unskilled, sedentary work may lose a disability claim if filed at age 48, but will win it at age 50.
At age 55 the rules become even more favorable. If you are over 50 and are considering applying for Social Security disability or have been denied benefits, contact Social Security Disability attorney Slimbaugh for a free evaluation of your claim.
Get Your Life Back TodayFor decades MCV Laws Social Security Disability lawyers have helped guide people through the Social Security Disability process.
Why Do I Need An Attorney For A Social Security Disability Claim
The application process for SSD benefits can be intimidating and many first-time applicants claims are denied by the Social Security Administration on their first attempt. This can be discouraging for many people and may prevent them from appealing the SSAs decision, which can be just as difficult.
For this reason, you should contact an experienced New Jersey Social Security Disability lawyer for help with your claim. Our disability attorneys have guided many applicants through both the application and appeals process and know what it takes to build a successful claim.
Our team can help with your application by providing:
How To Apply For Social Security Disability Benefits
Injured workers, such as those that are eligible for workers’ compensation, should apply for Social Security Disability benefits as soon they become disabled. You can apply for SSD benefits by scheduling an appointment with a Social Security Administration representative or by applying online. The claims representative assigned to your case will answer any questions you may have about the application process.
He or she will also handle the paperwork needed to send your claim to Disability Determination Services , which will make an initial determination as to whether you are considered disabled under the SSAs requirements. The claims representative will also determine the disability programs for which you may be eligible, as well as determine benefits you are eligible to receive based on your work history.
We highly encourage applicants to speak with a Social Security disability attorney before beginning the application process. An attorney will be able to explain the process for filing for benefits and gather the documents needed to submit a claim.
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How Is Disability Defined
Under Social Security rules, you may be considered disabled if:
- You are unable to do the job you did before your injury or illness
- The SSA determines you cant adjust to other work due to your medical condition
- Your disability has lasted or is expected to last a year or longer
A Social Security Disability lawyer can work with you to determine whether or not you meet these criteria.
Our Social Security Disability Lawyers Will Fight To Get Your Claim Approved & Fight To Get You Benefits
Our goal is to end our clients uncertainty about where their income will come from. Our Social Security Disability lawyers are experienced in helping people prove that they qualify for SSD benefits. We believe our clients and we stand by our clients.
At the end of the day, success to us is when the mothers and fathers we help dont have to wonder when their next check will come through. Our goal is to empower our clients to feel secure and economically stable.
I highly recommend Kimberly A. Slimbaugh, Esq. for SSDI cases. She did an amazing job and she cares about helping her clients.
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The Disability Claims Process
The Social Security Disability claims process begins by filing an application with the Social Security Administration. The application requires comprehensive information regarding your medical condition, employment history, and financial situation. After a Social Security disability application has been filed, the claim is submitted to the state agency responsible for reviewing the application. The agency will likely schedule an independent medical exam.
Virginia Social Security Disability Lawyers
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Why Choose Marasco & Nesselbush Disability Attorneys In Providence
Our record of successful cases and satisfied clients speaks for itself we are extremely effective at obtaining Social Security Disability benefits. Our personal injury attorneys have years in some cases even decades of experience in fighting for disability insurance. We also have the resources needed to provide comprehensive legal assistance and to take your case through all the stages of appeals.
The approach we take is characterized not only by the highest level of professionalism but also by integrity and empathy. We take time to listen to our clients and their concerns and we treat them in a respectful, dignified manner.
What If Your Condition Is Not On Ssas Listing
Not all conditions such as fibromyalgia or chronic fatigue are on the SSA Listing of Impairments. In such cases, you must prove that your disability has made it impossible for you to do any work.
The key point is that every claim must be fully prepared with sufficient medical records, the necessary input from your doctors, and vocational evidence which together prove that you are unable to function in the workplace.
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Appealing A Denied Social Security Disability Claim
Once you have filed your disability application, it may take the SSA approximately three to four months to make a decision regarding your claim. If your application was denied, you can file an appeal of the decision.
However, the SSAs appeals process can be intimidating and complicated to handle alone. Having an experienced New Jersey Social Security disability benefits lawyer on your side can significantly ease the complexities of the SSAs appeals process and could improve your chances of reversing your claims denial.
To appeal the SSAs decision, you or a New Jersey Social Security disability benefits lawyer must send a written request to the SSA within 60 days of receiving the decision letter.
Once your request has been submitted, your claim will begin to move through the four levels of the SSAs appeals process:
Your Social Security Disability Lawyers
The law firm of Whitehead & Associates is prepared to help you navigate the Social Security system.
Founding partner Marc Whitehead is Board Certified in Social Security Disability Law by the National Board of Social Security Disability Advocacy. We handle cases from the initial application stage through administrative hearings and federal court.
Why is this important? Learn why all SSD Advocates do NOT offer equal representation.
With a skilled Social Security disability lawyers at your side throughout the process, we will advocate on your behalf for the benefits you need. Fees for representation in these cases are set by the SSA. It will not cost you more to have a Board Certified Social Security Disability Lawyer representing you.
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Navigating The Ssd Benefits Processes Can Be Maddening
Beginning with the initial application and winding all the way through the hearing level and beyond can tax the patience of the uninitiated. Disability attorneys can help you present your most favorable case possible. If your initial applications have properly disclosed alleged onset dates of disability, and they include required documentation to prove your disability, then you have met one of the Social Securitys blue book listing of impairments and have a compelling argument in favor of your benefits request. But do you know how to do that acceptably?
If youre not initially approved which happens to the best of applicants then you must negotiate what are called the reconsideration and hearing levels of appeal.
This calls for your lawyer to collect and submit pertinent medical evidence, obtain a doctors opinion, draft a detailed brief to the Administrative Law Judge , then prepare you for the judges questions at the hearing. Your attorney also may need to cross-examine SSIs vocational or medical expert to demonstrate that youre unable to work.
And if your case goes to the highest levels the Appeals Council and federal court your lawyers task then becomes one of crafting sophisticated legal arguments to show that Social Security wrongly denied your claim.
Denial Of Social Security Disability Benefits
If your application for SSD is denied , you can appeal the decision. You have to request a review of the denial within 60 days of when you receive the denial letter. The first step of the appeal process in most states is the Request for Reconsideration, a review of your file by another claims examiner. If you are denied again, you can appeal to the next stage by requesting a hearing with an administrative law judge who works for the SSA.
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When Should I Get An Attorney For My Social Security Disability Case
People often think that you shouldnât get an attorney in a Social Security Disability case until theyâve been denied either once or twice, and theyâre waiting for a hearing. Some attorneys even agree with that, but I donât. I advocate that you come to us as soon as you think you want to do it, even before youâve filed the initial application. We will file the initial application for you. Itâs part of the overall fee that we charge. Thereâs no additional fee to do it.
I think, overall, it helps people to get an attorney at each step of the process, because we can help them at each step. Thereâs no reason to do it alone, because if youâre going to get denied, youâre going to need an attorney anyway. Itâs better to get someone involved early so I know whatâs going on, and I can advise you along the way and make sure your claim is stronger if we do need to eventually go to a hearing.
Types Of Disability Claims Administered By The Social Security Administration
SSI For individuals under age 65 who become disabled. Claimants must meet certain poverty requirements before their claim will be considered Benefits are adjusted for income. Individuals eligible for SSI also get Medicaid.
Childrens SSI For families with disabled children that meet certain poverty requirements if they do, a child may receive SSI if he or she is disabled. The test for whether or not a child is disabled is different, and usually harder to meet, than for adults.
DIWC A disability program for adults who have worked enough to have insured status under the Social Security System. For disability, a worker must have worked above a minimum amount of 5 out of the last 10 years . A person does not have to file before their work credits run out, but he or she must be found disabled before the work credits run out. Individuals who are eligible for insured disability benefits get Medicare.
DAC A child of an insured worker can draw benefits if he or she is found disabled before age 22 . The childs parent must have died while insured or become disabled and drawing insured status. A DAC who is drawing benefits will lose them if he or she gets married to someone other than another person drawing insured disability benefits.
SSDC This is not a separate type of claim, but it is the name of the type of claim for an individual worker who is both insured and meets the poverty requirements for SSI.
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We Take The Tough Cases
The law firm of Caroselli, Beachler & Coleman, L.L.C., is one of the few law firms in Pennsylvania that routinely takes childrens cases. Children are entitled to receive Social Security Disability benefits, only if they meet certain requirements. The rules for Social Security in childrens cases are different from those of an adult. Only an experienced SSDI attorney can master these complex rules to present your childs case in such a way that the judge will understand how difficult it is for your child to function both at school and at home.
If your child suffers from physical illness or mental health issues such as ADHD, our experience will help to gather evidence form doctors, schools, neighbors and others who can document the difficulties that your child faces at school and at home. Childhood disabilities also may affect the way your child grows and develops we will work hard to document those effects as well.
Developing Theory For Your Case
Before your hearing, your lawyer will also develop a theory for why you are disabled, and use this as a strategy to present your case in court. The possible theories for your disability include:
Your condition meets a disability listingYou cant perform your prior jobs, a.k.a., you grid outYou cant perform even a sedentary, or sit-down, job
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How Is The Social Security Disability Insurance Benefit Calculated
Social Security Disability Insurance monthly benefit amounts are based on your lifetime average earnings. The Social Security Statement that you receive each year displays your lifetime earnings and provides an estimate of your disability benefit. If you do not have your Social Security Statement and would like an estimate of your disability benefit, you can call toll-free, 1-800-772-1213, to request a copy of your statement.
If you are getting other government benefits, the amount of your Social Security disability benefits may be affected. This includes Workers Compensation payments and / or other public disability benefits payments, such as State Disability Insurance.
Am I Eligible For Social Security Disability While Collecting Workers Compensation
Yes. Workers Compensation is an assistance program for injured workers that is managed by state statutes. Social Security Disability is a federal program. Participation in one program does not exclude you from receiving benefits from the other. However, the total benefits amount that you are eligible for under Social Security Disability may change if you are receiving Workers Compensation.
Consult with an experienced Social Security Disability attorney at Brown & Crouppen for assistance in understanding the laws as they apply in your state.
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Am I Eligible To Receive Social Security Disability Benefits In Dallas Texas
If you have worked and paid into the Social Security system for the required period, and if you are now totally disabled and unable to work because of an injury or an illness, you may be eligible for SSD benefits. In order to receive benefits, you will need show the Social Security Administration that you are truly disabled and cannot perform the work you did before or any other type of work, and that you will continue to be disabled for 12 months or more or your condition is expected to result in death.
Please Answer A Few Questions To Help Us Determine Your Eligibility
If you’re thinking about hiring a disability attorney to help with your Social Security case, you should first understand the costs and benefits of having a lawyer on your side. The costs are fairly straightforward: disability attorneys charge a fee regulated by federal law, which is usually the lesser of 25% of your disability backpay or $6,000. Little or no money is required up-front, and you’re only charged a fee if you win your case.
The benefits of hiring a disability lawyer are many, and worth going over in some detail. It’s also important to consider at what stage of the process an attorney should get involved.
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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.