SERIOUS LAWYERS WHO KNOW HOW TO WIN.
If you’ve been denied benefits that you deserve, you need serious social security disability lawyers, who know how to win.
What is a Disability?
If a physical or mental condition keeps you from being able to work, you may be eligible for Social Security benefits. The Social Security Act Defines “disability” as “the inability to engage in substantial gainful activity by reason of a medical 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 twelve months.”
What Types of Benefits Are Available?
There are two main types of benefits available: Social Security Disability Insurance (Title 2) and Supplemental Security Income (Title 16). Both programs provide medical coverage for those who qualify. It is important to note that only those who have worked and paid taxes long enough to be insured for disability are eligible for SSDI. On the other hand, SSI is federal assistance for those who are disabled, but do not have the work credits necessary to be eligible for SSDI.
How Do I Apply?
You can apply for Social Security Disability online at socialsecurity.gov or by calling toll free to 1-800-772-1213. If you call the toll free number, ask for a Disability Starter Kit. Your local office will send the required paperwork and will set up an appointment for a telephone interview. When the Social Security office calls, they will walk you through your application. You do not need an attorney to file your claim with the Social Security office.
When Should I Apply?
If you suspect that your medical condition will not allow you to work for at least twelve consecutive months, you may be eligible for benefits. Don’t wait to apply. It can take eighteen to twenty-four months to work through the Social Security system. Any delay on your part may affect the type of benefits you are entitled to or the value of your benefits.
What If I’ve Been Denied?
60% of all applications are initially denied benefits, but don’t be discouraged. Just because you were initially denied does not mean that you are not entitled to Social Security benefits. If you have been denied benefits, contact an attorney immediately. An experienced attorney can review your application and appeal the decision. If denied, you only have 60 days to request reconsideration of your claim.
What Happens When I Ask For Reconsideration?
Often, when you appeal, you will need to appear before an Administrative Law Judge who will make an independent decision regarding your application. This hearing is informal and the strict rules of evidence do not apply, but your testimony will be taken under oath. A vocational expert will likely testify at the hearing. You must be prepared to discuss your work history and why your medical condition, whether physical or psychological, prevents you from working any type of job. An experienced attorney can help prepare you for this hearing, insure that all of your medical records have been properly submitted, and serve as your representative during the process.
When Should I Hire An Attorney?
If you’ve been denied benefits, you should contact an attorney immediately. Remember, you only have 60 days to ask for reconsideration. If you miss this deadline, it may impact the type and amount of benefits that you are entitled to and will require you to start the process over. An attorney experienced with the Social Security system gives you the best chance of getting all the benefits to which you are entitled.
How Much Will An Attorney Cost?
Attorney fees are limited to 25% of back owed benefits or $6,000, whichever is less, and must be approved by the Social Security Administration. Most attorneys will not charge a fee unless you are awarded benefits. Attorney fees are not withheld from your regular monthly checks, but rather are taken from the amount of back benefits you are awarded.
Schedule a Free Consultation Today
The Lawyers of Brown & Roberto are serious lawyers, who know how to win. Call 865-691-2777 in to set up an initial consultation to discuss your Social Security Disability case, or reach us through our convenient online form. With our contingency fee arrangement, you pay no attorney fees unless we recover compensation for you. Our office is conveniently located in Knoxville with plenty of free parking available.
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