What Does a Social Security Lawyer Do?
Before you can understand what social security lawyers do for their clients, you need to understand social security law. The law deals with disability claims. In the Social Security Act they define “disability” as meaning the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.” As you can see, this is a rather vague definition when you really look at it. How disabled must a person actually be? This is where a social security attorney can come in handy.
To complicate matters further for disability recipients, there are five main areas of disability benefits available. Disability Insurance Benefits are the most common type of Social Security disability benefits. These benefits go to individuals who are disabled and have worked recently. Disabled Widow’s and Widower’s Benefits are different. These benefits are paid to people who are no younger than 50 years old and become disabled within a set timeframe after the death of their spouse. The late husband or wife is required to have worked enough time under Social Security for the spouse to be insured. Disabled Adult Child Benefits are for the children of a person who has passed away, receiving Social Security disability, or retirement benefits. To qualify for these benefits, the eligible child must have become disabled at the age of 22 or younger.
For Disability Insurance Benefits, Disabled Widow’s or Widower’s Benefits and Disabled Adult Child benefits, benefits are paid based on earning histories. These histories are kept in the Social Security earnings record. Supplemental Security Income benefits are different. They are paid to individuals who are in need of assistance due to limited income and who are disabled regardless of time worked and paid into Social Security. It does not matter for SSI whether the person has ever even worked or for how long. SSI child’s disability benefits are a type of SSI benefits that is paid to children under the age of 18 who are currently disabled. It should be noted that disability is determined differently for children.
An expert social security disability lawyer can help determine if you meet the criteria for any of these areas and help you take the steps needed to appeal benefits if they are denied.
Social Security Appeals Process with an Attorney
You may feel like you are jumping through hoops trying to deal with the disability appeals process. This is where social security attorneys can really make the process easier. A social security attorney will walk you through everything and handle the entire appeals process, from filing the paperwork, to showing up at the hearing, for you. A social security disability attorney can ensure you have the best chance at getting the benefits you deserve.
If you are struggling to fill out the benefit paperwork, or unsure if you have a social security disability claim, a social security attorney can also help answer those questions. Don’t waste precious time going through the process of filing a disability claim if you do not have a case. A social security attorney can help you determine if you have a case that can be presented to the social security disability board or not.
Whether you have filed a disability claim that has been denied, are confused about the trail of paperwork regarding your disability claim, or you are making a last ditch effort to secure your disability claim with the Social Security Appeals Council, a social security attorney can help you through the whole process and ensure you get the best possible representation for your claim.
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