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What Does A Social Security Lawyer Do?
Social security lawyers are legal professionals who aid individuals with the complex process of applying for—and subsequently attaining—Social Security Disability benefits.
Social Security is a federal program that not only provides retirement benefits to the nation’s elderly, but also, offers complex disability packages to those who are unable to work because of an ailment or physical impediment. Social Security Disability Insurance is a primary aspect of the Federal Social Security program that distributes monthly payments to Americans younger than 65 years old, who are unable to partake in substantial employment opportunities or activities and who have accumulated enough quarters of work credit to qualify.
To be eligible for either aspect of Social Security, you must prove to the United States Federal Government—and more specifically the Social Security Administration—that you are disabled under the agency’s rules. The government will deem you disabled if you—with the help of your social security lawyer—proves that you are no longer capable of partaking in gainful employment. Thus, the importance of a social security lawyer stems from the government’s most basic social security requirements—the questions of who is eligible and who is not (who is disabled and who is able to work) is exceedingly complex.
The foundation of your prospective claim is answered in your application for social security benefits. The Social Security application and the subsequent decision process will determine your eligibility. Because of the importance placed in this procedure (the application and subsequent review is the single determining factor regarding the delivery of social security benefits), the inclusion of a social security lawyer in your efforts is strongly suggested.
Social security lawyers are adept at proving your inability to work. Social security lawyers are paid to work with you and do whatever it takes to prove your injury or impediment as a legitimate barrier to gainful employment. In summation, hiring a social security lawyer at the preliminary stages of the social security process will greatly increase your chances of securing benefits.
In addition to helping you with the application and proving your disability, a social security lawyer will walk you through the actual process of applying, and if necessary, appealing the decision (appeals are heard by Administrative law judge).
Will I Need a Social Security Lawyer?
You will need a social security lawyer if you are in need of applying for benefits from the Federal Government. It is strongly encouraged that you seek the aid of legal representation if you are applying for disability benefits; failure to secure adequate help, and subsequently receiving a rejection from the government, will result in a severe depletion of funds. Moreover, if you are truly unable to work and the government deems you as ready and willing to do such, failing to adhere to the government’s regulations concerning benefits could result in a lack of medical care, housing or other basic necessities. In general, if you are applying for said benefits, you must ensure that you effectively attempt to prove you ailment, while adhering to all of the governments provisions concerning the transfer of benefits. To achieve these primary
To receive disability benefits you must be regarded—by the government—as being unable to perform any form of substantial gainful work because of a mental or physical condition. This condition, to be eligible, must persist for one year until the time of death. If, because of an impediment, you cannot perform the work you have performed in the past, then your education, age and prior work experience will be considered when determining whether you can perform other work. If, upon review of the evidence, the government rules that you can perform other job functions, you will not be considered for Social Security benefits. During this time, your social security lawyer may file an appeal.
The Social Security Administration utilizes a step-by-step evaluation to determine whether you will be able to qualify for social security benefits. The process will ask the following questions:
Are you Currently Working?
• If you are employed and earning on average $700 per month, you will not be deemed disabled
Is your Condition Severe?
• Your impairments must directly interfere with the basic work-related functions and activities for your claim to be considered.
Is the Condition found in the Formal Disabling Impairments List?
• The Social Security Administration maintains a list of physical and mental conditions for each of the primary body systems that are deemed severe enough to automatically qualify for disability. If the your condition is not found on the list, the Social Security Administration will evaluate and decide if the impairment is of equal severity to one listed. If it is deemed so, your claim will be approved; if it is not deemed as severe, the Social Security Administration will continue to the next step. If your condition is not found on the list you will need to hire a Social Security lawyer. If your disability is found on the list, the need for a Social Security lawyer wanes.
Can you do the work you once did?
• If your ailment is severe, but not of equal severity as a condition on the list, the Social Security Administration will determine if the condition interferes with the applicant’s ability to perform the work they did over the last 15 years. If the condition does not, the claim will be rejected. If it does, the claim will be considered further.
Can you perform any other type of work?
If you cannot perform the work you did in the last 15 years, the Social Security Administration will look to see if you can perform any other type of work. The Social Security Administration will consider the applicant’s education, age, previous work experience and all transferable skills and then evaluate the job demands of a series of occupations determined by the United States Department of Labor. If the applicant, as a result of his/her injury, cannot perform any other type of work, the claim will be approved. If it is found that the applicant can excel in another job function, the disability claim will be denied.
A Social Security Benefits Lawyer specializes in litigating matters involving the distribution funds to individuals who are elderly or injured as per the social security laws. A Social Security Benefits Lawyer should have extensive knowledge and experience with the Social Security Administration, its procedures and formalities.
A Social Security Benefits Lawyer is essential in matters that involve disability. The process of getting approval from the Social Security Administration is a complex and difficult process. The Social Security Administration's goal is to deny a disability claim. Applications are frequently rejected simply because of the manner in which the application was submitted. A Social Security Benefits Lawyer can fill out those documents and ensure that they are properly documented and filed. The Social Security Benefits Lawyer deals with social security disability on a daily basis and it is easier for him/her to complete the forms than an individual not experienced with the matter; especially if that individual's disability could impair their ability to complete the application.
Social Security Lawyers also deal with matters involving traditional social security benefits. When an individual turns 66 he/she is entitled to social security benefits. If they are not received or if they are not received in the quantity required then a Social Security Benefits Lawyer may be necessary to assert his or her rights. Depending on the matter involved back pay for missed social security benefits could be very large. It is therefore important to have Social Security Lawyer to make sure that you are paid, especially when bills are piling up.
If you are looking for social security lawyers, you should know that there are two ways that you can apply for social security. An SSI lawyer can help you get benefits just the same as a social security lawyer.
An SSI lawyer will help you complete forms as well as go to hearing. Most SSI lawyers are well versed with social security hearings as are social security lawyers. Social security lawyers and SSI lawyers will only get paid if you win your case.