Applying For Social Security Disability Benefits
Social Security taxes are typically deducted from you with every paycheck that you receive from your employer. Most people utilize Social Security for retirement benefits that they can take advantage of when they reach retirement age. Many people are not aware however that part of the Social Security tax can be used in the form of a disability plan. Even if you are not quite at the retirement age yet, there is a clause in the Federal law that allows you to claim some Social Security benefits if you suffer from an injury or any other type of illness or disease that will prevent you from working. These benefits can be used to provide you with an income source in the event that you are not able to work.
Disability is defined by the Social Security Act as the inability to engage in any income generating activity because of a physical or mental condition that can either result in death or will last for a period of not less than 12 months. For many people, the confusion stems from not knowing when they can apply for Social Security benefits and when they can start collecting payments. The fact is that you should apply for disability as soon as possible, even on the first day of your disability if you can manage to do so. The act of processing your claim can take much longer than expected and if you wait too long before doing so, you may miss out on some benefits, as well as run the risk of delaying the process even more. Keep in mind that even with the help of an experienced Social Security lawyer, the claim process can still take a long time. Keep in mind that you will also have to be out of work for at least 5 months before you can begin to receive disability benefits.
The question of why the entire claim process takes so long...often lasting more than a year...is one that comes up often. Even enlisting the help of a Social Security lawyer does not necessarily speed up the time to see a judge. While it is understandably quite frustrating to be out of work and at the same time unable to claim any benefits, the huge backlog of Social Security cases results in this inordinate delay. Since Social Security cases are processed in the order in which they come in, there is little that you can do but wait. In certain states in fact, the entire process has been known to take anywhere from eighteen months up to two years in order to get a hearing.
Even though a Social Security Disability attorney cannot get you to a hearing before an administrative law judge quicker, a good attorney will win your case before you are even scheduled for a hearing. A Social Security Disability attorney will know what evidence is needed to win your case and know how to take advantage of opportunities to win your claim before the hearing—as in winning the claim before the Office of Disability Determinations or writing an On the Record opinion for the judge so that she does not even have to conduct the hearing in your case. With or without a social security attorney there are barriers between you and your Social Security Benefits. With a competent lawyer on your side however, the process can be resolved much sooner than if you take on the task of filing the claim by yourself.
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