Social Security
If an individual is severely injured, or becomes seriously ill, with the result that she cannot return to her regular employment (and this is anticipated to be a permanent change), the individual may be entitled to receive disability benefits from the Social Security Administration. To qualify, the individual must prove first that she is eligible for Social Security benefits (even if not old enough to collect retirement benefits) and next that she is actually disabled. Read More
While an individual may file an application for Social Security disability benefits without the aid of an attorney, it can be helpful to hire an attorney to assist. Attorneys are familiar with the requirements to prove disability and the medical evidence that must be provided to prove this. Attorneys who work regularly with Social Security disability claims are also familiar with the government system and the methods of filing an appeal if a claim is denied. Particularly if a first claim has already been denied, a disabled individual may find it helpful to have an attorney represent her to appeal the denial of benefits, although it is not required that an attorney file the appeal.
Be aware that there is currently a significant delay in the processing of Social Security Disability claims and appeals throughout much of the country. The backlog of claims means that it can take up to 1-1/2 years before a decision is made on a claim or appeal after it is filed. The Social Security Administration wants to hire more staff to work on claims and hear appeals, but their budget is quite limited at this time. While it is hoped that these delays will lessen soon, understand that it may take a very long time to receive a decision once you file for Social Security disability. Unfortunately, you must take that delay into account as you make financial arrangements to support yourself or your family during the period when you are too ill or injured to work, but your benefits have not yet been approved.
WARNING: Please do not interpret any of our web site's text under this section as legal advice. Our text is only here to provide some basic educational material that may help you identify topics of interest to you. Each person's situation is unique and no one legal solution fits everyone. If you have a legal concern or need, please contact your own attorney, or an attorney who practices in the area of law related to your concern, and ask that attorney for specific legal advice. If your concern is for a family member or friend, be sure to contact an attorney who practices in the state where that person resides. Laws differ from state to state and attorneys can only practice, or give advice, regarding laws in the state in which the attorneys are licensed to practice law. By the way, it is okay to ask an attorney up front how much the attorney charges for meeting with clients and for specific services. Some attorneys charge for the type of representation (for example, the attorney can tell you that he will charge a certain amount to prepare a Will or to establish a guardianship) and some charge by the hour. Some attorneys will ask for a deposit before beginning work for you (often called a retainer). An attorney who assists clients to apply for Social Security disability benefits may agree to wait for payment for his services until the client begins to receive benefits, although this is not always the case. All of these are valid methods of charging clients for services, but it may help you to ask for enough information to be able to estimate your costs in advance.
