Suffering an injury is never easy, no matter its severity. When you need to make calls, visit doctors, purchase medical equipment, or pay bills, you might feel lost and alone. One option you have is to apply for Social Security disability benefits. It is common for these claims to be denied, and you can file an appeal. Whatever your situation, you should speak with a San Jose Social Security disability lawyer about your case.
Why You Need a San Jose Social Security Disability Lawyer
Filing for Social Security disability can be daunting. The forms might not be clear to you, and if you make a mistake or omit any information, it can lead to your claim being denied or you failing to receive complete benefits. Having the claim denied or not receiving complete benefits can put a lot of financial strain on you and your family, especially since you cannot work due to your injury. A San Jose Social Security disability lawyer can ensure that your application is completed thoroughly and correctly, so you do not miss out on the benefits you deserve.
What is the Definition of a Disability?
According to the Social Security Administration (SSA), disability is defined as “the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”
Should your initial claim be denied despite you having solid evidence of a disability, you can seek payment of back benefits if you win an appeal. A San Jose Social Security disability lawyer can help ensure that your application is complete, correct, and filed according to the SSA rules, so you do not have to file an appeal.
What Are Supplemental Security Income Benefits (SSI)?
Supplemental Security Income, or SSI, does not have a requirement of whether you worked in the past or not. This means that you can acquire these benefits from the Social Security Administration without ever holding a job. The calculation process for SSI benefits is not easy, as multiple factors are taken into consideration, including the following:
- Your income
- The number of people living in your household
- Additional factors
Children Can Collect SSI Benefits
The law permits children to collect SSI benefits if they are disabled. When a disabled child under the age of 18 has a financial need, the SSI benefits are paid to the child’s parents or their legal guardian.
Rejection of Initial Claims is Common
The sad fact of the matter is that initial claims are often rejected by the SSA, which is why you need the experience of a San Jose Social Security disability lawyer on your side. According to data from the SSA, six out of every 10 applications for disability are denied on the initial filing. When the applicants move to the appeals level, only two out of every 10 applicants on appeal are approved for Social Security disability benefits. The odds are stacked against you when filing for benefits without the help of an attorney.
What is Needed to File a Claim?
The SSA will require a completed application for benefits along with the following information when filing a claim:
- A copy of your birth certificate
- Your Social Security number
- The names and doses of all your prescriptions
- Contact information for all of your healthcare providers
- A copy of the most recent federal tax return or W2
- A summary explaining where you worked recently and the type of work you performed
- All medical records and lab results from every doctor that has cared for you related to the injury or illness
When You Will Begin Receiving Benefits
Even if you have been approved by the SSA to receive disability benefits, you should note that you will not have access to them immediately. The agency utilizes a five-month waiting period before administering benefits to approved applicants. For example, if you are approved for benefits in June 2022, you will not start seeing those payments until November 2022.
Why You Need a San Jose Social Security Disability Lawyer
Whether you are a first-time applicant for disability benefits or need to file an appeal, the application process is intimidating and frustrating. The SSA requires a lot of information in order to process a claim, and a lawyer can help with all of the following:
Preparation of the Claim
Unprepared applicants for disability benefits will quickly realize that they need to provide the SSA with a lot of additional information. A lawyer will ensure that your application is prepared correctly before filing so that the chances of it being denied are low.
Ensuring That the Benefits You Receive are Accurate
Our lawyers will review your claim and the documentation upon approval to ensure that the amount of benefits you receive is accurate. You should not be shorted benefits from the SSA, especially when you proved to the agency how much your disability has impacted your financial life.
Guiding You Through the Appeals Process
Receiving a notice from the SSA that your claim was denied can be devastating. A San Jose Social Security disability lawyer will be able to guide you through the appeals process. This includes filing an immediate appeal so that you do not miss any deadlines and that the appeals application includes the proper information the agency needs to provide you with benefits.
Call a San Jose Social Security Disability Lawyer Today
Do you need to file for Social Security disability benefits? Has your claim recently been denied? Filing an appeal or an initial claim should always be done with the assistance of an experienced San Jose Social Security disability lawyer. Call a lawyer today to schedule a consultation about your Social Security disability case, so you do not lose out on the chance to receive benefits or to file an appeal by the deadline.