Social Security Disability Payments and the Stimulus Package
For a number of years, people have been talking about how the Medicare and Social Security system are potentially not sustainable in its current incarnation. This will come as dire news to anyone looking to secure Social Security disability payments. Right now there is a backlog for approvals as well. In short, the Social Security disability system is not as stable or efficient as it could be.
This is yet another reason to work with a Social Security disability attorney, as a lawyer will be able to navigate this very tough and complicated process and ensure that your future SSD payments are not delayed. In 2008, the average amount of time to process a Social Security disability application was 480 days. Now imagine trying to receive benefits without an attorney: if you file information incorrectly, you could be looking at double that amount of time. Worse yet, it could mean no claim at all, regardless of the amount of time it takes.
The stimulus package could help this scenario, but that is no reason to think you can go it alone. Though there may be new measures in place to speed up the process, there are still a record number of people filing a SSD claim. Close to 800,000 people filed a claim in 2008. The SSD workload is set to increase significantly in the coming years.
The Economic Recovery Bill
The economic recovery bill has a number of provisions that will help the Social Security claim process go more smoothly:
1. $500 million to help the Social Security Administration process the increasing influx of disability applications.
2. $400 million to improve the computer capability of the SSA – currently utilizing outdated technology.
3. $4.2 million to help people with certain disability receive additional SSI income.
All told, the system should hopefully be better. Again, it must be stressed that a Social Security attorney is still necessary. Even if the SSD application process goes more smoothly, it’s still going to mean a long haul for most applications – possibly a year or more. What this means ultimately is that when you hire a Social Security attorney the process will now go faster, which is very good news. But you will still need to gather all relevant medical information, accurately dot the “i’s” and follow complicated regulations, so hiring representation is your best avenue towards getting benefits as quickly as possible.
Given the fact that new processes are going to come about via the stimulus package, it is even more necessary to hire an attorney who keeps up with all developments in the Social Security system. California, in particular, has a large backlog of SSD applicants, given its high population relative to other states. So while it is very good news measures are being taken to fix a sometimes cumbersome system, you will need an advocate to help you correctly file your application whenever new changes go into effect. It’s important to remember also that new regulations can occur on a state level as well, in addition to a federal level, so California has particular laws to help SSI applications get processed.
About http://www.californiasocialsecurityattorney.org:
West Coast Disability Law Group, LLP is an experienced and caring firm. The founding partners have handled thousands of cases and are well-versed in all the areas of Social Security law at every stage. Our attorneys are also knowledgeable in other areas of disability and estate planning law such as veterans disability law, long term disability claims, healthcare directives, and drafting power of attorney documentation.
Tips for Getting Social Security Disability Benefits
Applying for social security disability benefits can seem like an overwhelming maze full of bureaucracy and red tape. The reason to hire a qualified social security attorney is to help navigate the labyrinthine system and help address any problems that arise. However, applying for benefits is a two-way street. While a Social Security attorney is vital to receiving benefits, there are steps each claimant can take. Even if it means becoming more informed about the process, this can help an application go more smoothly.
Tip #1: Do not believe everything you read or even hear from the Social Security Administration. There are cases where people are told misleading information. With so much red tape and so many rules, wires can get crossed. For instance, there is a major misconception that claimants cannot receive benefits if they are working. This is not true, and this misconception is sometimes spread through the SSA.
Tip #2: Gather together medical records. A disability examiner may have difficulty accessing your medical records, so it can speed up the process to get your records personally. The same goes for an attorney. A Social Security attorney may require additional medical screening as well if you do not have adequate medical data to file a claim. So it is important for claimants to both get medical care and to gather these records together. It can be frustrating but the SSD (Social Security Disability) benefits process can be long, so you want to make the process as efficient as possible.
Tip #3: Respond to all notices. There are a couple of very important notices that will come during an SSD proceeding: a hearing notice or a medical examination appointment letter. It’s important to respond to these as quickly as possible. Consider these a kind of “acceptance letter” that means your case is being effectively processed and going forward.
Tips for Working with SSD Representation
Now, if you have experienced representation, the above tips will not be as pressing, as a Social Security attorney will handle all the relevant paperwork and contact Disability Determination Services to make sure that your claim is being effectively processed. The main tip about Social Security claims is this: hire an attorney. This is not just a case of making your life easier by not having to process information yourself, but because an attorney can actually make it more likely that a claim will be honored.
How is this so? Because the SSD system is extraordinarily complicated. It’s not just a case of having medical reports and filing an application. Even small errors can lead to a failed claim, which will then lead to an additional appeals process. This can take months to process – months you may not have to wait for financial help. A Social Security representative will make sure that your medical records apply directly to a Social Security claim and then sending these records to the appropriate legal authorities.
Basically, if you are set to go to a hearing, or even if you’re at the very beginning of the process, this is not something you should handle on your own, as that can inevitably lead to errors, which may just result in your hiring a SSI attorney down the line.
About http://www.californiasocialsecurityattorney.org:
West Coast Disability Law Group, LLP is an experienced and caring firm. The founding partners have handled thousands of cases and are well-versed in all the areas of Social Security law at every stage. Our attorneys are also knowledgeable in other areas of disability and estate planning law such as veterans disability law, long term disability claims, healthcare directives, and drafting power of attorney documentation.
How Payment Works with a Social Security Disability Attorney
Like other wings of the law, a Social Security Disability attorney is only paid if the case is won. Very often in Social Security disability cases, the claimants are not wealthy individuals and cannot afford the cost of a high-price lawyer who charges at an hourly rate. Additionally, claimants have increased financial distress due to loss of wages that have led to the claim for benefits in the first place. It is a mistake to automatically assume that a lawyer is prohibitively expensive, as you will only be paying money if your case is won.
As hiring a SSI attorney makes it more likely that you’ll win your case, there is a limited financial risk with hiring an attorney. An SSI attorney will be able file all of your paperwork accurately and on time, ensuring that your claim is met as soon as possible. So not only will you be more assured of receiving benefits, but the cost will be minimal – and only a portion of the benefits you may not receive otherwise.
The payment structure normally works by the Social Security attorney receiving 25% of back pay, with a maximum of $5300. What this means is that it is in the Social Security attorney’s best interest to see the case to fruition – including appeals – because that is the only way he or she will receive payment for work. What this also means is that a Social Security attorney will want to make certain before proceedings begin that a claim can be met. In other words, the attorney wants to have some assurance that the claimant has a valid claim before taking on the case.
To do so, you should have medical proof available to offer the Social Security lawyer. The lawyer will potentially request that other medical reports be filed that are in direct compliance with disability regulations, but your initial medical reports will let the attorney know that you have a viable case.
Features of a Good SSD Attorney
As mentioned, an SSD attorney will want to take your case to appeal if a claim is not immediately met because this means he will be paid. Of course, this is not the only reason to go to appeal, as a good SSD attorney will have your best interests at heart as well. So generally, you should look for an SSD attorney who is willing to take a case into the appeal process, if necessary.
Additional features of a quality SSD attorney include:
1. The lawyer should explain how the back pay system works, as well as what you should expect from your settlement. Setting realistic expectations is part of the lawyer’s job. If you are approved for both SSI and SSD, back pay terms can be confusing.
2. The attorney should also explain how he or she intends to get the claim approved and should walk you through each step of the process.
3. The attorney will gather together all relevant evidence and likely request more to make the strongest case possible.
All told, this is not a process you should do alone because it is a vastly complicated process, and given the fact that you will only owe money on the back end, it is highly advisable for anyone seeking a claim.
About http://www.californiasocialsecurityattorney.org:
West Coast Disability Law Group, LLP is an experienced and caring firm. The founding partners have handled thousands of cases and are well-versed in all the areas of Social Security law at every stage. Our attorneys are also knowledgeable in other areas of disability and estate planning law such as veterans disability law, long term disability claims, healthcare directives, and drafting power of attorney documentation.
Being Eligible for Certain Social Security Claims
Many are surprised to learn that Social Security eligibility is similar to other types of lawsuits. For example, in certain personal injury lawsuits, the plaintiff needs to prove that he or she will not be able to work in the same capacity in the future due to sustained injuries. These injuries need strict medical documentation. This may come down to emotional impairment as well, not just physical impairment
A Social Security claim acts in somewhat the same regard. The difference is that a personal injury claim is waged against a defendant. In Social Security cases, there is no “defendant” as such, as Social Security claims for illness involve a person’s own physical capabilities based on illness – not necessarily due to the fault of another person. That said, there needs to be the same burden of proof for demonstrating physical incapacitation.
Medical Guidelines for Social Security
Social Security guidelines are very strict, which can sometimes come as a disappointment for those claimants who do have cases that fall within these guidelines. For example, it is not enough for a person to suffer from HIV/AIDS. Rather, the patient needs to have a T-helper lymphocyte (CD4) count above 200/mm3. It is at this point that an HIV/AIDS patient is more susceptible to increased illness.
However, the Social Security Administration will take into account other issues besides the T-helper lymphocyte (CD4) count, such as weight loss – though the CD4 count is an important factor. The reason why a skilled and experienced Social Security attorney is necessary is to navigate thee possible permutations of illness and diagnosis that can mean the difference between receiving benefits or receiving none at all.
It bears stressing, but you should not think that there is a minimum threshold you have to cross to be eligible for benefits – these are guidelines. As each patient has a different circumstance in term of personal support, age, income, and other factors these will be factored in as well. This is made clear by Social Security benefits for anxiety. While mental illnesses can be measured in some way, it is a more generalized disability than something like a CD4 count that can be quantitatively measured. So this should tell you that there is some leeway with how Social Security benefits can be distributed.
In the case of anxiety, for example, OCD, post-traumatic stress, and panic attacks all qualify. While these can most certainly be diagnosed by a trained professional, it will take the expertise of a qualified attorney to help ensure that a patient receives ample support from the Social Security Administration. Financial support is the basis of clinical documentation, which a Social Security attorney can help gather together and ultimately secure long-term benefits.
These same rules apply to other illnesses: arthritis, heart failure, cancer, diabetes, and so on – chronic illnesses fall within the scope of Social Security Benefits. Receiving these benefits is the result of a combination of strict medical documentation and the skill of a good attorney. If you are ill, there is no reason to add to your trouble with increased financial worry. The goal of a Social Security attorney is to provide long-term stability and improve your overall quality of life.
About http://www.californiasocialsecurityattorney.org:
West Coast Disability Law Group, LLP is an experienced and caring firm. The founding partners have handled thousands of cases and are well-versed in all the areas of Social Security law at every stage. Our attorneys are also knowledgeable in other areas of disability and estate planning law such as veterans disability law, long term disability claims, healthcare directives, and drafting
Do You Need a Local Social Security Attorney?
Social Security is a federal program, so one might assume that a local California lawyer may not be needed to handle your case. On the flipside, some might believe that they should only hire a lawyer in their immediate vicinity. Let’s take these issues one by one.
It is true that Social Security is a federal program, but case law varies from circuit to circuit. For example, case law in the 9th circuit helps to interpret how the federal statutes should be applied to residents living in the 9th circuit. Thus, there is both a federal and a circuit component to Social Security Disability law. Technically, a lawyer from New York could help resolve a case in California, but he/she would have to be well-versed in the existing case law of that district. It may be unlikely that you would hire an attorney who lives out of state, but it is important to know the legal implications of statutory and case authority, so you can make an informed decision when choosing an attorney.
Finding a Local Social Security Attorney
District issues aside, there is inherent value in meeting with a lawyer in your immediate vicinity, even if Social Security is a national program. Though the Internet makes it much easier to remain in contact with your attorney and be updated on your case, person to person conferences are important. A claimant needs to have confidence in his or her lawyer’s abilities and meeting directly with a lawyer can instill this sense of confidence.
So hiring a lawyer who works hours away is not necessarily recommended. However, if the Social Security lawyer works a reasonable distance away, this is an important consideration, so long as the attorney understands the particulars of local case law. It is not necessary for the attorney to be in the same neighborhood, or even in the same city, so long as you are fully confident that the attorney is well-versed in the details surrounding your case. What is paramount is an attorney’s experience with California Social Security law on a district and state level.
When researching a Social Security attorney in California you should look for the most qualified attorney in the state – someone who has been working in Social Security law for many years and has represented a wide variety of cases, including a wide variety of possible illnesses that may qualify for benefits. If this means traveling outside your immediate vicinity, you should do so, as you want the most qualified representation available.
In some cases, an attorney will refer you to another attorney in the state. This may be the case if the attorney has too many cases at once and cannot handle the additional workload. This is common and can actually be a good sign that the lawyer wants to devote as much time as possibly to each individual case. If a lawyer is not able to take a case on, it is not necessarily because he or she doesn’t think your case is viable, but because the lawyer has a full workload. If this is the case, you should look for another lawyer within the state of California or seek out a referral.
About Social Security Attorney California:
West Coast Disability Law Group, LLP is an experienced and caring firm. The founding partners have handled thousands of cases and are well-versed in all the areas of Social Security law at every stage. Our attorneys are also knowledgeable in other areas of disability and estate planning law such as veterans disability law, long term disability claims, healthcare directives, and drafting power of attorney documentation.
