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If you should be advised that you are not entitled to Social Security Disability
benefits, it may benefit you to review your case with a disability lawyer.
Very few Social Security Administration (SSA) employees have law degrees. Incorrect information may cost you disability benefits and medical
insurance! See your attorney for complete and correct information.
Only 25% to 30% of first-time claims for SSA disability benefits are initially approved by SSA. Only 18% of appeals for Reconsideration are approved by
SSA. Over 53% of disability cases brought with an attorney, and heard by a judge, are approved by SSA.
You should apply for SSA disability benefits as soon as you think that you qualify for them. Waiting will cost you benefits that may not be recoverable.
To qualify for Social Security Disability benefits, ONE of the following must be true:
- You are disabled and have already been out of work for one year.
- Your physician expects that you will be unable to work for a minimum of one year from the date you last worked.
- Your medical condition is expected to result in death.
When applying for Social Security Disability Benefits:
- Be as brief as possible in your answers. Think before you write and do not give answers that exceed the space provided for them.
Do not list attachments or arrows to other notes.
- Complete the forms honestly. Use the SSA perspective to determine the most accurate answer. When asked if you can
perform a certain function, for example, they are asking if you can
perform this function full time in gainful employment. The
question is oriented toward whether you capable of doing it 40 hours per
week.
- Assemble your medical records that document your diagnosis, limitations, and prognosis (medical expectations for the future). Medical records should show that you have been under continuous and
consistent medical treatment by recognized mainstream health care providers. A disability claim with SSA can be easily jeopardized if your disability is treated exclusively by practitioners of alternative health care such
as naturopathy, homeopathy, holistic medicine, etc. It is also important
to document that you have followed the medical advice given you.
- SSA determinations are also more influenced by the opinions of a specialist than a general practitioner. If your HMO denies your referral to a specialist, consult with your disability
lawyer. You are entitled to appropriate treatment.
Social Security Disability Law is complex. You should consult with a disability lawyer as soon as possible after filing your application. An experienced disability attorney will develop a case
strategy for you and obtain a complete set of your medical records from your doctor.
The amount of money your lawyer can charge is limited by SSA law. The fee may be 25% of your past benefits and is capped at $4,000. In other words, your attorney's fee will not be
more than 1/4 of your initial SSA back benefits payment. There is no fee on your future benefits.
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