Can I be entitled to disability benefits
10 attorney answers
Your case presents some complicating factors due to the fact that you have worked since your initial injuries and have had previous denials on prior claims. I would definitely suggest contacting a lawyer for a free consultation to discuss your situation.
I disagree with the attorneys who are advising you to wait until you are denied to seek the assistance of an experienced Social Security disability attorney. You have tried, unsuccessfully, to prove your case on your own. The whole application and appeals process can take years. It is important that your put your strongest case forward as early in the process as possible. An experienced attorney can guide you through the process and help you to gather the medical and other evidence needed to give you the best chance of winning. Social Security's own statistics show that individuals who are represented are approved at a higher rate than those without representation. If you are going to walk through a minefield, follow someone who has been through it before!
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
it certainly sounds like you should qualify for SSD. Most cases are won at the hearing level. Have you been before a judge?
Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Sorry to hear of your troubles. You may be entitled, but if you have been denied and can't work you need an attorney. An attorney can work with your doctors to get the evidence needed to win.
Because you have not followed through with your previous applications, I suggest that you hire a lawyer as soon as you stop working. You must prove that you are unable to work due to your medical conditions. So with few exceptions, you cannot prove eligibility until you have stopped work.
While many lawyers prefer not to get involved until after a person is denied, there are lawyers who will accept your case even before you file. I personally prefer to file my clients' initial applications whenever possible.
I recommend that you call a Social Security disability lawyer and ask for a free consultation. Remember, there are no fees in a Social Security case unless and until you win your case. Depending on how old your prior cases are, and when you last worked, your lawyer may be able to reopen your prior claims as well.
Please don't wait. Call a Social Security lawyer as soon as you stop working. I hope my answer has been helpful.
Please understand that I do not represent you until we both sign a retainer agreement and that the information I provide here should not be considered legal advice. It is for informational purposes only. I am licensed in PA and NJ and handle employment discrimination, wrongful termination, sexual harassment, social security disability, workers' compensation, civil rights and personal injury cases. I never charge a fee unless I am retained and help my client win.
If your last denial was more than 60 days ago, you will need to reapply for benefits. To determine whether you meet the definition of disability for Social Security purposes, Social Security looks at factors such as your age, education, and work history in addition to your medical conditions. Additionally, there are two programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). To determine which program you may be eligible for, I would need to know your work history. SSDI is payable to individuals who are deemed disabled and have sufficient quarters of coverage. Generally, this means working for at least 5 of the last 10 years before becoming disabled. SSI is a needs-based program payable to individuals who are disabled and have few resources.
My recommendation would be to reapply on your own, making sure you are getting consistent medical treatment for your medical conditions. Without treatment, there is no way to prove you are disabled. If you are denied again, you should consider contacting an attorney for your appeal.
Sounds like you need some help since it didn't work out on your own. That is very common. Use AVVO's find a lawyer tool to find a disability attorney in your area to consult with and discuss an appeal.
licensed attorney in Montana. Your specific state laws may be different. My answers do not create an attorney/client relationship. Only a signed fee agreement creates such a relationship. These answers are for informational purposes only.
Very sorry for what you and your family have had to endure. Now that you've been denied, you need an attorney to do the appeal. Re-tagged to add Social Security for you. Additionally, you may be entitled to other benefits. If you had an attorney at the time, contact him/her as the attorney may be able to help you. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Social Security Disability is given to individuals who are unable to pursue substantial gainful activity because of a medical disability. Younger persons have a harder time obtaining SSD than do older persons. The determination of disability is based upon a series of factors including work history, education, residual functional capacity, and age. You should file an initial application on your own and if/when you are denied, consult an attorney who handles SSD cases to pursue your appeal rights through reconsideration and Administrative Law Hearing. Good luck.
The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.
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