Social Security Disability
Denied Disability by Social Security
We would like to help you. We are disability lawyers in Lafayette, Indiana who serve Lafayette, West Lafayette, Frankfort, Delphi, Monticello, Attica, Covington, Veedersburg, Crawfordsville, Logansport, Lebanon, Kokomo, Rensselaer, Valparaiso, Merrillville, Michigan City, South Bend, Mishawaka, Elkhart, Goshen, Plymouth, Warsaw, Fort Wayne, Indianapolis and the surrounding areas.
What Makes Me Eligible for Disability Benefits from
the Social Security Administration?
Generally speaking, to receive benefits under the social security disability insurance benefit and SSI programs, you must have physical or mental health problems (or a combination of problems) severe enough to keep you from working in any regular, paying job for at least 12 months.
But keep in mind that Social Security Administration (SSA) doesn’t want to know whether you have been unable to get a job lately or that you are simply unable to go back to your old job. Rather, SSA wants to know whether you are capable of doing any job that exist in the economy in significant numbers.
SSA will also look at your medical condition, your remaining ability to work, your age, education, training and work experience in deciding your case. SSA will not consider your assets and resources to determine eligibility for benefits under the disability insurance program. But it will if you are applying for SSI.
At age 50 for most people, and again at ages 55 and 60, SSA’s regulations make it easier to be found disabled. However, we have also been successful in obtaining disability awards for persons younger than 50 in the appropriate cases.
What if SSA Has Denied Me?
DO NOT GIVE UP!! and make sure to request reconsideration. A majority of applicants have their initial application for benefits denied. This is an attempt by the Social Security Administration to “weed out” claims and save money.
Will My Request for Reconsideration
Be Approved?
Probably not, but again, DO NOT GIVE UP!! If your request for reconsideration is denied, you should make sure that you request a hearing because your chances of being successful are best at the hearing level.
What Is A Hearing?
At the hearing, you will be able to present evidence in the form of medical records, reports and testimony. An administrative law judge or your attorney will ask you about your medical condition, medical history, abilities, education, training, work experience and the limitations caused by your disability. Once evidence and testimony is presented, your attorney will likely make a closing argument summarizing why you should be awarded benefits.
Does It Makes Sense to Hire an Attorney?
Absolutely!! If you want to improve your chances of winning then it is wise to hire an attorney because statistics have shown that people represented by attorneys have been successful more often than people without attorney representation.
Contact a Disability Lawyer in Lafayette
as Soon as Possible
It is probably best to start looking for a disability attorney as soon as your application for benefits is denied. The more time an attorney has to prepare your claim the better. However, you certainly should contact an attorney prior to the time you have a hearing scheduled.
Should I Hire an Out of Town Law Firm that
Advertises on TV or Sends Me Stuff in the Mail?
Remember that anyone can buy advertising time on TV or have a slick mailer put together. But TV advertising and slick mailers simply mean that the law firm or attorney that is doing this kind of advertising are spending a lot of money on a marketing machine. It is no indication of any law firm’s or attorney’s ability to handle your case.
But to truly answer this question--this is a personal choice. I personally find such advertising distasteful and often somewhat misleading. It is my opinion that you may simply be hiring a law firm that attracts cases and then refers them out for a referral fee to help cover large marketing budgets. Or you may be hiring a law firm that is not necessarily available to meet with you in person and develop a long lasting professional relationship. At our law firm, we take personal service very seriously. While we could choose to go the route that some of these attorneys have gone, you won’t see us advertising on TV or sending out slick mailers to prospective clients but you will find that we are responsive to our clients’ needs. We also live in the community we serve. Out of town lawyers do not.
What Information Will My
Attorney Need?
We will send you a questionnaire and tell you what else you will need to bring to your first appointment.
How Do I Pay My Attorney?
You will not pay a fee unless you receive a back benefit award. Our fee is limited to a percentage of your back benefits. To pay attorney fees in social security disability cases, SSA will withhold the amount from any back benefit award. Nothing will be withheld from your regular monthly checks.
If I Win When Do I Start
Receiving Benefits
If you are approved for disability insurance benefits, you will be paid for the 6th full month after the date SSA determines your disability began. The amount of your benefit will depend on your average lifetime earnings. If you are approved for SSI, then there is no waiting period.
Medicare Coverage
If you are approved for disability insurance benefits, you will also become eligible for Medicare. While Medicare benefits may not kick in at the same time as the disability award due to a waiting period that is involved, most claimants will be eligible for Medicare benefits by the time they receive their first disability check.
We would like to serve you as your Lafayette Disability Lawyer. For questions that you may have regarding a disability claim, please contact Rod Forbes at (765)742-4529 or email him at rforbes@shf-law.net.
Helpful Links
Frequently Asked Questions Sites- Spine Universe
- Health Finder
- Merck Manual
- Medline
- MedicineNet
- WebMD
- National Library of Medicine
- Family Doctor
- Mayo Clinic
Firm News
- Coming Presentations
- December 17, 2008
- Rod Forbes will be speaking at a seminar entitled "EFFECTIVELY USING MEDICAL EVIDENCE IN COURT" presented by the National Business Institute (NBI).
- Firm Recognition
- CONGRATULATIONS to Jay Seeger, who was named an Indiana Super Lawyer in the area of Elder Law for the third consecutive year. Indiana Super Lawyers are selected by Law & Politics Media based upon a survey of 14,000 Indiana attorneys. Only 5% of all Indiana lawyers were chosen as Super Lawyers.