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FREQUENTLY ASKED QUESTIONS
Social Security Disability
Q: Why do I need an attorney to apply
for disability benefits or to assist me in appealing a denial of my claim?
A: Hiring an attorney is advantageous for several reasons.
Obviously, the best time to obtain legal counsel is when you first seek
medical attention. Attorneys can work with doctors to ensure your medical
condition is accurately recorded and that your chart is worded correctly.
Attorneys can also get claims filed with greater speed and accuracy than
laymen, for no additional fee. Finally, because attorneys are so familiar
with the process and are known by the courts, there is an additional level
of credibility that would be lacking if you filed a claim or appeal on
your own.
Q: How can I tell if my disability
is severe enough for me to apply for disability benefits?
A: You don’t have to be bedridden to be considered disabled.
If, because of medical problems, you cannot work at a regular job, you
are technically disabled and should immediately apply for Social Security,
VA, or RRB disability benefits. Be cautioned, however, that these agencies
do not always equate being unable to work with being disabled.
Q: Since medical evidence is so important,
should I have my doctor write a letter?
A: You may if you choose but few people actually win
their case based on these efforts. The SSA, VA, or RRB will gather the
evidence it needs.
Q: What is the biggest mistake people
make when trying to get disability benefits?
A: Failing to appeal. More than half of all claimants
who are initially denied benefits do not appeal their case. Another critical
mistake is the failure to immediately get appropriate medical care. Medical
records are your best defense in disability cases so it is essential that
you see a doctor and continue to do so on a regular basis in order to
chronicle the history of your disability.
Q: Do you conduct telephone consultations?
A: Yes. Our office can take your claim and gather all
information pertinent to your case over the phone. We will then file the
claim on your behalf and, should you have questions during the course
of the process, we encourage you to call us.
Q: Can a patient receive disability
if he/she is able to work in the future?
A: Yes. If the patient is not able to work for 12 months
or more.
Q: Is a patient’s age
taken into consideration in determining whether he/she is disabled?
A: Yes. There are separate rules for different ages.
Q: Is a patient’s education
taken into consideration in determining whether he/she is disabled?
A: Yes. There are separate rules for different levels
of education.
Q: Is a patient’s past work
taken into consideration in determining whether he/she is disabled?
A: Yes. There are separate rules about different work
experiences.
Q: Are a patient’s physical
limitations taken into consideration in determining whether he/she
is disabled?
A: Yes. There are separate rules for different levels
of physical limitations.
Q: Are a patient’s mental
limitations taken into consideration in determining whether he/she
is disabled?
A: Yes. There are separate rules for different levels
of mental limitations.
Q: Can a patient try to return
to work after he/she is awarded Social Security Disability benefits?
A: Yes. The regulations encourage attempts to work. Under
some circumstances attempts to work are permitted while you continue to
receive benefits.
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