Apple Valley disability lawyer can help you navigate every phase of the Social Security disability benefits process
In my work as an Apple Valley, Hesperia and Victorville disability lawyer, I have seen first-hand how the Social Security disability benefits process can frustrate even the most patient of applicants. The process is long and often confusing. You file your claim for benefits, and then you are left to wait, worry and wonder: Will my application be granted? What do I do if my application is denied? Will I have to testify? What more can I do to convince Social Security that I am disabled and cannot work? When you turn to the Social Security Administration for answers, they can be difficult to find through all the bureaucracy.
We can help. Below, we have answered several common questions about the Social Security disability benefits application and appeals process. Our library, located at the bottom of this page contains hundreds of pages of educational information and practical advice about a wide range of Social Security disability topics. Our video library is a good place to get a quick overview of a particular subject. If you do not find what you are looking for here, or if you would just like to talk about your claim with a knowledgeable Apple Valley, Hesperia and Victorville disability lawyer, please call us.
How does the application/appeals process work?
The road to an award of disability benefits typically involves three stages – an initial application; a request for reconsideration; and a hearing before an administrative law judge.
You may file an initial application in person, by phone, or online. Do not be discouraged if your claim is denied. Nationally and in California, most initial applications are denied. The first level of appeal is a Request for Reconsideration. The Social Security Administration will review your request, along with any new medical information you provide, and, in all likelihood, deny your claim again. Your odds of success improve, however, at the next level of appeal – the hearing before an administrative law judge. This is your chance to meet the Social Security decision-maker in person, and explain how your impairment prevents you from working. Perhaps because of this face-to-face interaction, more than half of all claims for benefits are granted after an administrative hearing.
How does Social Security define “disabled”?
The Social Security regulations define a “disability” as an inability “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” In plain English, you are “disabled” if you have a long-lasting or terminal medical condition that prevents you from working at any type of gainful employment. To learn more about the legal definition of “disabled,” read Applying for disability benefits when you have . . . . and Examples of who is and who is not disabled. For information on how the Social Security Administration makes a disability determination, read Proving the disabling nature of your symptoms; How Social Security assesses your ability to work; and the articles listed under The Disability Evaluation Process.
Am I eligible for disability benefits even if I have not worked in some time?
You may be eligible to receive Supplemental Security Income (SSI) benefits. This Social Security program provides benefits to disabled individuals with little or no income and few assets, even if you have not worked recently or have never worked. Even children may qualify to receive SSI benefits.
Do I really need a lawyer?
There is no law or Social Security regulation that requires you to be represented by a lawyer. Even the Social Security Administration agrees, however, that your chances of success improve if you have an experienced disability lawyer on your side. While you may be very familiar with the facts of your case and the nature of your impairment, a California Social Security lawyer can help focus your claim – and your evidence – on the legal issues that are important to the Social Security decision-maker.
I’m not sure I can afford a lawyer. What will it cost me?
Attorney’s fees are set by Social Security and are paid out of your back due benefits – that is, the benefits to which you are entitled before Social Security actually starts paying you. Attorney’s fees are 25% of back benefits, up to a maximum allowed by law, which is currently $6,000. These fees are paid directly by Social Security to your attorney. In addition, you are responsible for reimbursing your attorney for out-of-pocket expenses for obtaining medical records and other evidence.
Contact an Apple Valley, Hesperia and Victorville disability lawyer
If you would like to talk with an experienced Apple Valley/Hesperia/Victorville disability lawyer, please use the Free Claim Evaluation form on this page to tell us about your situation. If you prefer, send us an email or call us directly. If you are unable to come to our office for a consultation, we can meet you near your home or set up a telephone consult. Don’t let distance keep you from contacting us. We are ready, willing and able to help at all phases of the Social Security disability benefits application and appeals process.
We wish you success.
Apple Valley disability lawyer
