A short succinct description of the Social Security process from beginning to end and why a lawyer is necessary.
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The "basics"?
One time a representative from Martindale Hubbell called me and asked “Did you know that your firm is one of only 74 firms in Illinois that concentrate in Social Security Disability law?” Our office currently receives 8-10 phone calls per week from individuals who have been denied Social Security benefits. Speaking from statistics, only 1/3 of people who initially apply for benefits are approved. At the next step, Reconsideration, only 10% of individuals are approved but at the Administrative Law Judge level about 80% of people are approved.
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What are the types of Social Security and what are they meant to provide?
Social Security Disability Insurance (SSDI) is a program meant to provide disability benefits for individuals who have worked and paid into Social Security through payroll deductions and because of their health condition cannot continue to work. Claimants must have a medical condition and also must not be able to perform past (relevant) work or other work.
Supplemental Security Income (SSI) is a program designed to provide monthly payments to individuals who are disabled but who have not paid into the Social Security system to be deemed “insured”. These individuals must also meet certain income/asset guidelines. This program is set up for lower income individuals.
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Why would someone need legal representation?
Sadly, most cases are not clear cut. An applicant must have medical evidence of record (MER). Some people get treatment for conditions and some people do not. Even if treatment is sought, the doctors/hospitals must send in the medical records. The records must be specific. A doctor who notes a patient “can’t work” is making a subjective (and legal conclusion) statement and Social Security will ignore that comment.
A lawyer will assist individuals in making sure all medical records are gathered. Social Security practitioners also have access to “Residual Functional Capacity Questionnaires” which can assist a client’s physician to develop real limitations such as lifting, bending, use of hand, leg problems, etc.
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(Continued)
The process – The three basic levels of a claim are as follows; an initial application, reconsideration and a hearing before an Administrative Law Judge. If denied at all three stages, there is an “Administrative” Appeals council who could possibly review and amend the decision made. If a person is denied at the Appeal
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How do attorneys get compensated? I cannot afford a lawyer.
The Social Security Administration controls how much compensation may be charged. Usually a percentage of back benefits are given to the representative. A “fee petition” may also be used if there is a certain amount the representative is requesting. The Administrative Law Judge approves or disapproves the amount of fees. At the US District Court (and Appellate Court level) the attorney is paid by the US Government.
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