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Why You Need an Attorney for Social Security Disability

Posted in on July 19, 2018

Millions of disability claims are filed and denied every year. Statistically, most of them will not make it past the initial approval stage. If you’re already struggling financially because of a disability, you can’t afford to wait another year to refile or appeal, both of which have even lower success rates.

Read why most disability claims are denied and what the advantage are of having a disability lawyer for successful preparation and documentation.

How Is Social Security Disability Determined?

A sum is taken out of every paycheck you receive and paid into the Social Security system, but you’re not automatically entitled to your full contribution. Because it becomes part of a shared insurance supply, the wealth is rationed out between all claimants.

Your eligibility for disability payments comes down to your reduced capacity for “gainful activity,” or proof that you can’t work due to injury or illness, including mental illness. When applying to receive and retain disability benefits, your approval is dependent on these qualifications:

  • Claimants can’t perform work in their current employment position (or a viable alternative) while accepting payment, or at the time of filing.
  • Claimant’s total benefits can’t exceed 80 percent of average earnings before disability.
  • Claimants can’t earn more than $1,000 a month while receiving benefits.

It’s also important to know that previous denial of a claim hurts its validity, and any delays in filing can complicate your medical condition and/or bury you in debt. So it’s important to get your application right the first time.

A social security disability lawyer will advocate for your rights, and can only be charged if your benefits get approved. So, if you’re a Colorado citizen applying for disability payments, don’t miss out on the opportunity for a passionate mentor who will maintain consistent, nuanced communication with the Social Security Administration.

What Medical Conditions Qualify for Disability Determination?

A medical disability has to affect your safe performance of daily tasks. Here is a small sampling of functional impairments recognized by SSA:

  • Back injuries
  • Heart failure
  • Loss of vision and/or hearing
  • Chronic breathing difficulties
  • Neurological or mental disorders
  • Failing or damaged immune system
  • Cancer

Your disability lawyer can also fight for any medical equivalents to the SSA’s Blue Book listings. A lawyer’s knowledge of how to convincingly present medical evidence of each condition can help satisfy an examiner’s requirements. To prove how your quality of life has been diminished by your disability, be sure to include onset dates, any record of lost work time, and confirmation that you followed your doctor’s prescribed treatment. These factors will also influence any retroactive payments you should be owed for waiting for trial.

What Is a Judge Looking for When Approving a Social Security Disability Claim?

Fewer than 20 percent of disability claims that are filed independently get approved. Ultimately, you need to answer five basic questions:

  1. Are you currently working?
  2. How severe is your condition?
  3. Is your condition included on the list of disabling conditions?
  4. Is it possible for you to continue doing the work you used to do?
  5. Is there any other type of work you could do?

If your disability is not permanent, it must have been present for at least a year, expected to continue for a year, or likely to result in death within a year. An experienced lawyer will advise what medical tests you need done to prove certain conditions, whether you need an opinion letter from your doctor, and more. The lawyer should cover all application costs if they fail to secure your payments. If they win, you should receive monthly payments in one to two months.

The personal injury lawyers at Bachus & Schanker, LLC take pride in protecting your rights. Talk to a lawyer the first time you file, instead of waiting in agony for another trial date after a failed application. If you still have questions about hiring a disability lawyer in Colorado, talk to Bachus & Schanker, LLC today.

Sources:

https://www.disabilitycarecenter.org/disability-resources/social-security-attorney/
https://www.disabilitysecrets.com/disability-denial.html
https://www.disabilitysecrets.com/what-conditions-qualify.html
https://www.disability-benefits-help.org/blog/top-5-reasons-why-social-security-disability-claims-are-denied

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Super Lawyers - Kyle Bachus
Million Dollar Advocates Forum
Martindale-Hubbell Peer Rated for Highest Level of Professional Excellence
Super Lawyers - Darin Schanker
The National Trial Lawyers Top 100 Trial Lawyer
5280 Top Lawyers of Denver