Filing a disability claim can be a daunting process, especially on top of the emotional and financial stress of an illness or injury. Do you meet the qualifying criteria? What are you entitled to? Can you collect benefits from more than one source? It can be a downright overwhelming experience. But what if you had a skilled professional advising and guiding you through the process so you understood what benefits you were entitled to and your claim was more likely to be successful? Our experienced Media, PA, the best lawyers for disability at Silver & Silver have a long track record of protecting the rights of disabled individuals and helping them get the benefits they deserve. We can do that for you.
Where Can You Turn If You’ve Become Disabled and Can No Longer Work?
If you’ve suffered an injury or illness and can no longer work, disability benefits can be a financial lifesaver.
Disability benefits can come from several sources, including workers’ compensation or other employer-sponsored insurers, privately purchased policies, or government programs such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). These private and government programs can help you with your living expenses until you can work again or provide ongoing resources in the event you have suffered a permanent disability.
However, disability insurance and programs aren’t alike, and qualifications for benefits can depend on many variables, including the employer’s workers’ comp coverage, a private insurer’s terms of coverage, the nature and severity of the disability, how much the disabled applicant can work, and how long the disability is expected to last. For government programs such as SSDI and SSI, eligibility and benefits can also depend on how old the applicant is, their job history and abilities, whether they’ve paid into the Social Security system, their income and assets, and what other kinds of resources they have. This is a lot for the average disability applicant to digest.
The Complexities of Government Disability Programs
If you can’t work because of a disability, you can file for disability through the federal government. The Social Security Administration administers two disability insurance programs for eligible individuals. Unfortunately, the claim process for Social Security disability programs like SSDI and SSI can be complicated and time-consuming. These programs hold applicants to very exacting eligibility requirements, and applications require significant supporting evidence and documentation.
Social Security’s website states that it generally takes from six to eight months to make a decision after an application is filed. But current staff shortages have pushed decisions out far longer than that. One small error or missing document can derail the process and end in a dismaying denial, leaving an applicant to wait on an equally time-consuming appeal process to be re-evaluated. Furthermore, between 2010 and 2019, an average of only 31 percent of applicants were awarded disability benefits by Social Security. These aren’t good odds, especially if you are already struggling with meeting your living expenses.
How Lawyers for Disability Help Applicants Get the Benefits They Deserve
The most successful disability claims are the ones that are correctly completed and adequately supported from the very beginning. This is when it can be helpful to have the guidance of a skilled disability lawyer. Disability attorneys fully understand the complex requirements, policies, and procedures that are often involved in filing for government disability benefits and are equipped to handle the various hurdles that may arise during the process or after a denial.
If you are applying for SSDI or SSI, an attorney will:
- Assess your eligibility before you put in the time and effort to file – SSDI and SSI have different eligibility criteria. Your lawyer can determine if you are eligible to file a claim for one or both and will advise you on how to move forward.
- Ensure your paperwork is properly completed – Social Security strictly enforces filing requirements for both programs and routinely denies applications with missing information or technical deficiencies.
- Help you collect all required medical evidence of your disability – Social Security doesn’t just take you at your word. It requires significant evidence proving that you are disabled and can’t work. A disability lawyer will help you collect the appropriate evidence to prove your disability to Social Security to reduce the likelihood of a denial.
- Help you avoid common mistakes that may lead to a denial – Many mistakes made during the application process can result in a denial of your claim. An experienced disability lawyer understands common pitfalls that often lead to denial and can advise you on what to do and what not to do when applying for benefits.
- Help you understand how much you are entitled to – Several factors can play a role in how much you are entitled to disability benefits. Your attorney will explain what factors may impact your benefits and help identify and address them, so you get all the benefits you are entitled to.
- Requesting and preparing for a hearing if you’ve been denied – If you’ve been denied disability benefits, you’re not alone. Fortunately, you are entitled to appeal this denial, but you only have a limited time to request an appeal. Furthermore, you will want to be fully prepared when you appear before the judge. Your Media, PA, disability lawyer will help you understand what to expect during the hearing and walk you through any questions you may be asked during the process.
- Taking your claim to court, if necessary – If all your efforts to appeal your denial are unsuccessful, your attorney can take the matter to court. Your lawyer will also be able to seek retroactive benefits you’ve missed out on had Social Security approved your application in the first place.
- Preparing you for continuing reviews – Once you receive benefits, Social Security will want to conduct periodic reviews of your condition. Your attorney can prepare you for these reviews to ensure that you continue getting your benefits uninterrupted.
Don’t Waste Time with a Potential Denial
If you’re filing a claim for disability benefits, remember you are less likely to be approved than denied. In addition to months of waiting for a determination from Social Security, you will now be faced with even more waiting while you appeal your denial. You can improve your chances of success by getting professional assistance.
At Silver & Silver, our experienced Media lawyers for disability protect your rights every step of the way. As members of the National Organization of Social Security Claimants’ Representatives, we are dedicated to providing our clients with the most comprehensive support possible to ensure they get the disability benefits they deserve. Schedule a no-cost consultation by calling us at (610) 638-7255 or through our website contact form.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.
