The Social Security Disability (SSD) system was made to supply the income you need if you’re disabled and can’t work. Alas, over half of all applications for SSD benefits are denied.
Many claims are refused only because of the intricacy of the system; claimants don’t comprehend the method by which the system operates or what they should do to make a successful claim.
Gathering unemployment benefits while your application is processing
When you collect unemployment benefits when you are awaiting a reply to your SSD application, you’re sending a mixed message. Social Security Disability benefits provide income for those people who are too disabled to work. Accumulating unemployment means that you’re waiting to find work that matches your instruction, abilities, and expertise. You’re expected to find employment to meet the requirements for unemployment, while you’re telling the Social Security Administration that you’re not able to work. Normally, when you file for unemployment you’re also certifying that you’re “ready, willing, and can work” when you’re saying the reverse in your application for SSD.
Not Getting Help
Legal counsel will allow you to enhance your opportunities for success by ensuring your application is complete, exact and in the appropriate format. An SSD lawyer may also counsel you on alleging the first onset date” that is “ potential. The start date is the date you became unable to work on a full-time basis due to your disabilities and an earlier start date can mean a bigger back-benefit for you if and when your claim is approved.
Some handicap applicants presume they can’t manage assistance from legal counsel. Most impairment applicants are going through financial hardship as they may be not able to work. Nevertheless, it’s crucial to comprehend how an SSD lawyer’s fees are paid – on a contingency basis. Eventuality foundation means the lawyer simply is paid in case your case is won. In case you are never qualified for disability benefits, your SSD lawyer ’s fee would be $ 0.
If and when you’re granted benefits, your lawyer’s fee would come from your back pay just, all future monthly benefits are yours to keep. Social Security controls SSD lawyer fees, which are 25% of your benefit that is back, or $6, 000 And needless to say, in case your case is given no back – benefit, your lawyer ’s fee would be 25 $0!
Figures from the Government Accounting Office (GAO) have demonstrated that SSD applicants with representatives are approved 56% more frequently than applicants going it alone. In general, hiring an SSD lawyer is likely and affordable will pay for itself in higher opportunities for acceptance and reduced anxiety for the applicant. You can’t manage to!
Applying for Disability Benefits Soon
To be able to meet the requirements for disability benefits, your disabling condition should be anticipated to survive for twelve months or more. In case you submit an application for benefits soon, it can be more difficult to show which you’re experiencing a long term or long-term handicap. The Social Security examiner may presume your state will improve before you’d qualify for the benefits you’re applying for. As a result of this, you ought to just apply for benefits once it’s been confirmed your impairment will really continue for one year or more.
Never assessing the status of your SSDI or SSI claim
In the event you file an SSI disability claim or file for Social Security disability, you need to check its status at regular intervals. How frequently you ought to assess may be ordered by what amount your claim is at (the first claim amount, reconsideration appeal degree, or incapacity hearing amount) and whether you’re represented by either a disability lawyer or a non-lawyer claimant’s representative.
Why should you bother to assess the status of your disability claim in the slightest? The reply to this question is pretty easy, if not a little upsetting. I understand from my work as a handicap examiner the Social Security Administration (SSA), in a percent of cases, will either lose the paperwork which has been submitted by a handicapped applicant ( for instance, appeal paperwork) or don’t notify an applicant that their case was refused.
Using the incorrect plan
There are two SSD benefits plans you might be eligible for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). SSI is a means-tested plan for those who have limited incomes and resources. On the other hand, qualification for SSDI is predicated on the claimant’s work history and has no means test. The advantages accessible through SSDI may be substantially greater than those accessible through SSI, which means you need to investigate all possible approaches to qualify including qualification predicated on a partner or parent ’s work record. Some claimants could possibly have the right to benefits under SSI and SSDI. Your lawyer can review your qualifications and allow you to submit an application for the benefits plans that can optimize your own monthly income.
Not Filing a Timely Appeal When Your Claim Is Denied
You may get a letter from the SSA, telling you that your application was refused. Pay attention to the date on such letter. You are going to have 60 days from a request for reconsideration to file. In case your application is refused again, then you’ll have 60 days from that date in which to request a hearing before an administrative law judge.
In the event that you don’t file these requests within the 60-day time period, you usually lose your right. Just in rare circumstances will the SSA permit an appeal to go forward when the 60-day deadline is missed.
The best thing to do would be to get in touch with an attorney immediately. The attorney may then file the request for you in a timely manner and commence work on your own appeal.