Social Security Lawyers assist injured workers in obtaining disability benefits. An applicant is eligible for Social Security Disability benefits
when he or she suffers from a severe disability. The disability must prevent the worker from performing any substantial gainful employment. To be eligible, the worker also must have earned enough work credits
. The applicant must have paid into the Social Security system for a sufficient period of time to be considered an “insured.” Social Security Disability Insurance (SSDI) is a federal system. It is also a social insurance program. Once eligible for benefits, the worker will receive income support in the form of money payments. The focus of a Social Security Disability lawyer’s practice is proving the applicant’s level of physical and/or mental disability. The attorney must gather medical evidence. This evidence should include diagnostic testing, such as MRI
, and nerve tests
. The submitted medical records will determine the success of every Social Security Disability application
. To receive benefits, an individual must suffer from a disability as defined in the Social Security Act
. In addition, the disability must have existed for a long enough time. Specifically, it must have lasted, or it is expected to last, for at least one year. Or, in the alternative, the injury or condition causing disability must be expected to result in death. Proving the level of disability can be a difficult task. It means showing that the applicant can no longer perform past work. The injury or illness must also prevent the worker from performing other forms of employment, such as desk work. Age, education, prior work experience, licenses, and other factors will be taken into consideration.
QUESTIONS TO ASK YOUR SOCIAL SECURITY DISABILITY LAWYER
The first thing every applicant should ask his or her Social Security disability attorney is to explain the process
. Every case must start with an application. The injured worker can submit an application in person at a local social security office, or online. The social security disability lawyer will assist in filling out the application. This will require discussion of prior work experience, treatment, symptoms, and physical limitations. The lawyer will also gather and submit medical evidence. From there, the Social Security Administration will send the worker to a medical consultant. The consultant will form an opinion as to level of disability. The Social Security Administration will then make an initial determination. If the application is granted, benefits will be paid. If the application is denied, the worker may submit an appeal
and request a hearing. A request for a hearing is essentially an updated application. The social security lawyer will also submit additional medical records. Typically, a hearing
will take place 1-2 years after an appeal is submitted.