If you have a physical or mental disability that prohibits you from working, it is easy to assume that you will be eligible for disability payments. Unfortunately, more than half of the people who applied for disability benefits have been denied in recent years. Because you only have 60 days from the time you are aware of the rejection to appeal, it is crucial to choose the right lawyer to advocate on your behalf.
Why Are So Many People Denied Social Security Disability?
It is important to note that in many cases, being initially denied is only the first of many steps you will need to know about. If you want to appeal the denial, you will be required to appear in court and provide evidence as to your eligibility to a judge. There are many tiny details that need to be taken care of and skipping or misunderstanding just one could result in another denial.
One of the most common reasons that disability applications are rejected is because the applicant has not met the government's definition of disabled. Another reason may be that although you may be disabled now, but you have not proven that the condition is permanent. Your lawyer will be able to tell you what type of proof you will need.
The following must be clearly established in order to have a chance at receiving disability payments:
- You suffer from a permanent mental or physical disability that keeps you from working
- The condition in question has lasted at least 12 months, with medical evidence establishing that
- The condition will last at least one more year OR result in death
How Can the Social Security Disability Lawyer Help You?
It only makes sense that a lawyer who focuses primarily on Social Security Disability will be familiar with all of the requirements that the government requires. In addition, your attorney may also be aware of the time frames for appeals and is likely to know what information your physician will need to provide to the courts.
It is also useful to remember that Social Security lawyers typically work on a contingency basis. That means that they are very motivated to help you win your case, because they only get paid when they win your case. Although they will take a portion of your lump sum payment, they cannot take more than 25% of your lump sum payment or $6,000 dollars, whichever is smaller. Undoubtedly, that seems like a significant sum, but without hiring a lawyer, you might never receive that lump sum at all.
In conclusion, there can be months or years between applying for your benefits and actually receiving your first payment. If you are concerned that you will be denied or have already been denied, you need to speak with a lawyer like Law Offices Of Russell J. Goldsmith to see what your options are.