Lawyers Blog Legal What Does Your Social Security Disability Attorney Need to Know

What Does Your Social Security Disability Attorney Need to Know

Sometimes people need the assistance of a social security disability attorney to help them with the claim that they need to file. Because this is a federal government program that has been designed to support citizens who can no longer work due to a disability, people can take advantage of these finances when they need it most. However, before an individual can secure the funds from this kind of program, there is a process that they will need to adhere to, and it is managed by the social security administration.

Even though the benefits are available to citizens when needed, there is process of approval that people will need to follow very closely prior to being granted the finances for their specific situation. Also, due to the complexity of this program, its not uncommon for an individual to seek out the assistance of a SS disability attorney in the initial stages of the process. Therefore, before an individual meets with this kind of attorney, there is some information that they will need to gather so that it can presented for their review.

What items should the individual disclose to their SSD attorney

Previous Work History Information

In order for an individual to obtain help from the social security disability program, they will need to meet specific requirements. One common requirement that people must meet is a certain amount of work credits in order to qualify. Therefore, the person who files the claim must have this kind of information available to present and review with the attorney in the first initial meetings. It is also important to note that the injury that the person has sustained or the illness that they have been diagnosed with must be serious enough to remain off the job for an extended period of time. The list of illnesses and injuries are currently maintained by the social security admininstration so people can review the social security administration site to see how the injury or illness applies.

Medical documentation

If the condition that the person has is on the list, they will need to make sure that they have the appropriate amount of documentation from their physician. The medical documentation should contain the date that the person is expected to be out of work. Specifically, if the illness, disease or injury is expected to last one year or more. In some cases, the social security administration is normally looking for a condition that is serious enough to pay the person while they are off work recovering or until the person’s demise. Regardless to the circumstances, this information should be supplied to the SSD attorney if they want the attorney to win their case in court or settle it on the outside.

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Should I Consult With a Lawyer?Should I Consult With a Lawyer?

You know you qualify for social security disability benefits. For instance, you worked in jobs that paid into the social security system. You also have a medical condition that meets the social security administration’s (SSA) of a disability. However, you still need to consult with a disability lawyer before applying. For example, a lawyer will evaluate your claim, medical records and request medical tests that will further help your case.

Even though you know you’ll qualify for disability, there are some cases where you will be denied. There could be reasons why you are denied such as:

  • You made too much money. The SSA considers a “substantial gainful activity”, or SGA, which means that your income is too high to be disabled. In 2014, the SGA limit for people who aren’t blind was $1,070.
  • Your medical condition won’t last long. You must have severe impairment that lasts at least 12 months.
  • You didn’t follow physical therapy as required unless there is an acceptable medical excuse. If you don’t follow your physical therapist’s orders, it could stop you from receiving disability.
  • The SSA can find you in the system. The Disability Determination Service, or DDS, determines your medical eligibility. If either agency can’t locate you to schedule an examination, you will be denied.
  • You committed fraud by trying to obtain disability benefits.
  • Your disability is caused by a drug or alcohol addiction.
  • You committed a crime that prevents you from collecting social security disability.

So, now you are thinking about reapplying to overturn your denial. You can do this by yourself, but due to various terminology, rules and deadlines, you will need a lawyer. For example, a disability lawyer will know the type of evidence needed to support your claim. In addition, he or she will advise you of the relevant laws and how to proceed with your claim.

You have worked and put money into the system. You are disabled and need that money back to support yourself and your family. You shouldn’t go through the process alone. Instead, you should consult a disability lawyer.

It often takes a couple of attempts before a denial is overturned and you receive your benefits. However, with the help of a disability lawyer, you have a legal warrior on your side to help you. If you are in the Kansas, Missouri or Illinois and need help with any social security disability questions, concerns or assistance.

The Basics of Understanding Disability LawThe Basics of Understanding Disability Law

The Americans with Disabilities Act of 1990, as well as the many laws associated with it, was signed as a way to provide protection to individuals who were constantly the victims of discrimination. This act, as well as the laws under it, put a stop to this problem. While it places focus on every aspect of the disabled person’s life, specific emphasis was placed on employees with disabilities and their mistreatment in the workplace. Law offices like www.parmelelawfirm.com, for example, are well versed in these laws and can answer any questions businesses have regarding these matters.

How Can Businesses Can Be Proactive?

Business owners and managers must be aware of disability laws to make sure they are being followed and adhered to within their workplace. Educational institutions, government institutes, and private business are all bound by these laws no matter how many people are employed. However, the rest of the businesses must have at least fifteen people or more on their payroll in order to be bound by these laws. Businesses must make some accommodations to help the employee perform their job duties, but it should not put undue stress on how the day-to-day operations run. For example, the business should not experience any unnecessary hardships as a result of this new hire.

What Are the Basics of the Law?

The basics of the law state that, if a disabled person is qualified to perform the tasks associated with the job, the business does not have the right not to hire them for that specific position. Doing so is a form of discrimination under The Americans with Disabilities Act. Furthermore, if this person must not be hindered from performing the duties associated with the position they were hired for based upon the fact that they are disabled. This is another form of discrimination that is not tolerated under the 1990 act. If termination occurs based upon their disability, then the business is also discriminating against this person.

Provisions Does Not Mean Special Treatment

The Americans with Disabilities Act of 1990 does not mean the employee requires special treatment or does not fall victim to standard company downsizing. For example, if the employee is not performing up to par or meeting expectations alongside other employees who are not performing well on evaluations, they must be held accountable in the same way. As with company downsizing, businesses are not expected to keep a person on the payroll just because they are disabled. If the company is required to cut an entire department and some of those people on the payroll are disabled, then that is what must occur. For those businesses that are truly concerned about these matters, they should get in touch with law firms like www.parmelelawfirm.com with their questions.

How to Find Help With BankruptcyHow to Find Help With Bankruptcy

Over the last decade more and more Americans are considering bankruptcy to help them recover from financial losses. Most do not have the background or knowledge to decide if it is the right move for them. Fortunately, Kirkpatrick & Associates has the answers you are seeking. Over the last few years U.S. bankruptcy laws have changed, they are much tougher to navigate than previous years. We believe everyone deserves a chance to start over by wiping away most of their debts and protecting as many assets as possible. A skilled Attorney will help you decide which form of bankruptcy is correct for you, chapter 7 or chapter 13. Some people become overwhelmed by the debt, embarrassment and creditors bothering them. A skilled attorney will put an end to the harassment and relieve the burdens.

The first step will be to schedule a no obligation appointment with a bankruptcy attorney. During this meeting, he can evaluate your situation and explain the options available to you. Depending on your debt and income he will recommend which chapter is correct for you, 7 or 13. He will explain what assets can be protected and which ones must be included in the bankruptcy. Which debts will go away and which ones must be paid regardless of bankruptcy. He will explain all the cost associated with filing and the attorney fees. An experienced attorney will help you plan for the bankruptcy process. It is important to protect assets and also help you prepare for recovery afterwards. With a proper plan, you can be back on your feet financially faster.

A skilled attorney not only knows the law but also has relationships with the Bankruptcy Judges. This is an important question to ask your attorney. When you have a bankruptcy hearing, the Judge will decide whether to allow you to keep or pay for certain assets based on values claimed in the petition. Your attorney will explain what values are acceptable in the courts eyes. The attorney representing you can help “paint a picture” for the Judge that will put you in the best light. Relationships are important in all walks of life and especially when your financial future is being determined.

Finding help for bankruptcy can be confusing, the first step is gathering information to make the best decision for you and your family. Kirkpatrick & Associates will provide a free consultation and stop the bill collectors immediately!