Anyone who has ever applied for Social Security disability insurance or supplemental security income disability benefits knows how frustrating the process can be. The paperwork is highly complex, and the applicant must meet strict requirements. The wait times can be very lengthy, leading people to become discouraged about whether their claim will be approved or denied and how long they must wait for this information.
Sadly, most disability claims are initially denied by the Social Security administration. The individual must then appeal the denial. You may wish to seek help with your disability claim from an attorney. This attorney understands the nuances of the process and guides clients through each step.
Denials Are Common
The Social Security Administration reports that it initially denies approximately 63% of disability applications. When the application is rejected, an appeal may be filed. Fortunately, a person is more likely to be approved for these benefits during the appeal. They must attend an appeal hearing before an administrative law judge. These judges approve approximately 50% of the cases they hear. Hiring an attorney to help with this process can improve those odds.
Eligibility
To qualify for disability benefits, a person must prove they are technically eligible for these benefits and that they are medically qualified as disabled. Both conditions must be met before a claim will be approved. The technical eligibility requirements differ by the program. However, the medical criteria remain the same, and the Social Security Administration establishes these criteria. The agency requires individuals to provide specific medical evidence of their disability before they will be approved.
Hiring An Attorney
Attorneys understand the medical evidence required by the agency. They help clients gather proof of their disability and prepare to present it to the appropriate parties. When a person is diagnosed with certain conditions, such as ALS or small-cell lung cancer, they are immediately approved for disability under the compassionate allowances program. However, most people will need additional evidence to show that they are entitled to receive these benefits.
The attorney is invaluable in gathering proof when specific tests won’t prove the diagnosis. A doctor will need to provide a detailed statement explaining the individual’s limitations. Other evidence may also be needed, and the attorney can assist the client in determining what proof is required and how to secure it.
When to Hire an Attorney
Many people hesitate to hire a disability attorney until their claim has been initially denied. However, most people find that working with an attorney before filing the initial claim improves the odds of it being approved. Some claims are straightforward, such as when a person has had both legs amputated. They will likely be approved for benefits immediately.
Complex medical conditions can be more challenging to prove. For example, a person might have several medical conditions. One condition alone might not qualify them for benefits, but when they are combined, they severely limit the person’s ability to work and complete other essential tasks. The attorney will help the client provide proof of their impairments and demonstrate their inability to work.
While an attorney is not required to navigate the Social Security disability benefits process, most people find having a lawyer by their side simplifies the process. The attorney can’t guarantee that the claim will be processed faster with their help, but they may be able to speed up the process. It never hurts to speak to one of these professionals, and the advice they provide may be enough to move forward with the claim or appeal. One can never know until they meet with one of these professionals.
