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Why You Need a Lawyer when Filing for Disability

Admin • Feb 01, 2018
Attorney Holding His Bag ─ St. Joseph, Mi ─ Armstrong, Betker, & Schaeffer PLC

Social Security Disability is the act of receiving all or a portion of the benefits you would normally receive at retirement age due to the inability to work. In order to qualify for Social Security Disability, you must prove that you are permanently physically or mentally incapable of performing your job duties in the field you are trained or knowledgeable in, or a similar field.

A temporary disability, or one that is lasting less than a year, is not considered acceptable for claiming Social Security Disability. Surprisingly, there are many stipulations attached to filing for and receiving your benefits, even if you have paid into Social Security for years and are clearly unable to work due to a medical condition (either mental or physical) or long-term injury.

When filing for Social Security benefits, you should not perform this tedious task alone. Here are just a few reasons why you need a lawyer when filing for disability.

Your Claim Most Likely Faces Denial

You've filed all the paperwork, including details of your injury or medical report, have explained (to exhaustion) your field, education, and working background, and have provided many written reports that back your disability from non-biased professionals. Simply relaxing and waiting for your first disability check sound like the most obvious recourse, but it isn't.

Most Social Security Claims Get Denied

70% of Social Security Disability claims are initially outright denied. While this doesn't mean you won't ever get your claim approved, it does mean a lengthier and more intimidating process that can leave you frustrated and confused.

Hiring a lawyer before your claim is processed is key to aiding in its success in getting accepted the first time around. A lawyer who specializes in Social Security disability claims understands what factors go into acceptance as well as how to provide the necessary details to get a claim accepted more quickly.

If you've already filed for and been denied Social Security benefits for your disability, hiring a lawyer is beneficial in this area as well. Your lawyer will go over your existing paperwork and propose changes that are more likely to get your claim accepted when you file again.

You Will Most Likely Have to Attend a Hearing

As part of your Social Security Disability claim filing, you will need to attend a hearing where a judge will review your medical evidence and work background. This process is daunting when you attend a hearing on your own, as you will face many questions regarding your claim that can be confusing to answer.

Your lawyer will prepare you in advance for your hearing, prepping you for the type of questions they will ask you and how to answer them. If there are questions you cannot answer fully or don't understand, your lawyer will assist you in obtaining the professional backing from your doctor or employer (if applicable) to support your claim.

In most cases, you will have to prove your disability and how it affects your current and future ability to work. The hearing counsel will strongly express any suspicions, and you will need to be able to present strong evidence proving your inability to work, especially in the field you are trained in or have an educated in. Your lawyer will know exactly what areas of your claim need special attention so you can get your claim approved.

Filing for Social Security Disability can greatly improve your life. The process to obtain disability is a difficult one, so make sure you have a skilled lawyer by your side. Our team of experts at Armstrong, Betker and Schaeffer, PLC are here to assist you in all your legal needs.

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