What advantage is there to retaining an attorney to represent me in my social security claim?
The fundamental reason for retaining an attorney in social security claims is to significantly improve your chances of winning. While you can go through the entire social security process without representation, an attorney’s knowledge of what Administrative Law Judges want can be extremely beneficial.
An experienced attorney will have knowledge of the Social Security rules and regulations that will be used to decide your case. An experienced attorney will also have a good understanding of what it will take in the form of evidence to win your claim. An attorney will also be able to gather and file your medical records. Additionally, an attorney can request opinions from your physicians that could be the difference between winning and losing. Lastly, your attorney will also help you prepare for testifying at your hearing.
What is the process by which social security decisions are decided?
There is a five-step sequential process used to decide social security claims. These steps are as follows:
- Are you engaged in substantial gainful activity as defined by the Social Security Administration?
- Do you suffer from a severe medical impairment that is expected to last for a continuous period of at least 12 months or death?
- Does your impairment meet one of the Listings as defined by the Social Security Disability Regulations?
- Is the claimant able to perform past relevant work?
- Can the claimant perform any other work (other than past relevant work) that exists in significant numbers in the national economy?
The above sequence of questions is a rough framework that is used in social security claims. However, depending on the type of condition, age, and education of the individual, some or all of these steps may apply to an individual case. Please contact us for details.
Can I apply for social security if I have a very limited work history or have not worked at all?
Yes. However, it is important to understand that if you have not worked at all or have not worked enough to establish sufficient work credits to qualify for Social Security Disability Insurance (SSDI), your claim will be for supplemental Social Security Income (SSI), which is a federal welfare program for the disabled, blind, and those over age 65. In addition to a finding of disability, SSI requirements include significant limitations of income and assets. If an applicant (or their family) exceeds the specific income and asset limitations, SSI may not be payable.
What is the difference between claims for Social Security Disability (SSDI) and Supplemental Security Income (SSI)?
The medical requirements are the same in that the individual must be found to be disabled in both SSDI and SSI. In SSI claims there are additional “non-medical” requirements that must be met and these requirements are in the form of asset and income limitations.