When you apply for disability benefits, the Social Security Administration collects your medical records and other information to make a decision about your case. If you want to apply for disability benefits, consider hiring a social security disability attorney. The process is more complex than simply filling out an application, and there is a list of advantages to having an attorney by your side:
Benefits of Hiring an Attorney
Even if you are only considering the possibility, it is always best to consult at least one social security disability attorney. An attorney can review her case and tell you if she has a strong claim for benefits. It is possible to apply yourself, however, having legal assistance on your side increases your chances of a successful outcome. An attorney can move your case forward more quickly if you are terminally ill or in a difficult financial situation.
By federal law, a social security disability attorney can only collect 25% or less of your back pay. If your case goes to federal court or to the Appeals Council, the costs may increase. Also, many companies have a strict policy that if you don’t win, you don’t have to pay them.
What are late payments?
Since there are so many people who apply for these types of benefits, it can take a long time to process your application. There is a standard five month waiting period to process your claim. If the processing goes beyond that, you are eligible for a late payment. You can get back pay any time between the day you apply and the day SSA decides whether to give you those benefits. Your payment will depend on whether you are approved, the origins of the disability, when you applied for benefits, and the required five-month waiting period.
The Social Security Administration will make a decision about your claim based on five factors:
1) How much you currently earn per month: If you earn more than $1,070 per month, you are not eligible for this program.
2) The severity of your impairments: To qualify for the program, your impairments must not allow you to function physically or mentally. SSA assesses disabilities on a scale from “not severe” to “disabling.”
3) List of Impairments: SSA has an official list of impairments and will compare your impairments to that list. To be considered disabled, your condition must meet or exceed the severity requirements on that list.
4) Ability to do your job: The examiner must determine if your condition allows you to do your job. If his condition prevents him from doing his job, he has a strong case on his hands.
5) Ability to do any other work: The examiner must also determine if you can do any other work. His claim will be denied if the SSA concludes that he is in a stable physical and mental condition, allowing him to perform other types of work.
Do not forget that each case is different. If you want to know more, consult a professional.