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SOCIAL SECURITY DISABILITY INCOME IN A NUTSHELL.

 

Why should I hire an Attorney to represent me?

 

Answer: Disability lawyers can certainly improve the odds of winning disability benefits and can influence the outcome of a case at the initial claim phase, first appeal phase, and disability hearing phase. It is important the original claim is filed correctly in order to avoid the appeals process and get claimed benefits from the outset. An Attorney is elemental in having all of your medical records and application filed correctly. However, is an appeal does arise, disability lawyers make a great impact at the disability hearing level at which a claimant's case is presented before an administrative law judge. At a disability hearing, a claimant's lawyer can present a rationale (based on a knowledge of social security rules and regulations) as to why a claimant should be approved for continuing disability benefits. Statistically, the use of disability lawyers at hearings increases the chances of winning by about 50 percent (roughly 40 percent of claimants who go to hearings without lawyers win their claims while roughly 60 percent of claimants who go to hearings with lawyers win their claims

 

How expensive are disability lawyers?

        

Answer: The social security administration regulates how disability lawyers may receive their fees. How are disability lawyers paid ? Disability lawyers receive a percentage of a claimant's  backpay as their fee. Currently, this percentage is set at one-fourth of whatever backpay is owed to an individual who has won their claim for benefits. So, for example, a claimant who has won their disability case and is owed $4,000 in backpay will need to pay their lawyer $1,000 as the fee for representation. This system of regulation for disability lawyers fees is beneficial in a number of ways. First of all, claimants are not required to pay anything upfront (which makes the issue of finding representation much less complicated). Secondly, no fee is paid to a lawyer unless a case has been won (meaning a lawyer has every incentive to do a competent job of handling a case).

 

How much income will I receive if approved?

 

Answer: The client always wants to know the bottom line (how much am I going to get) and the simplest answer is that what a client might potentially receive in social security disability income is equivalent to what they would receive at retirement age. This is because the entire purpose of the SSDI (social security disability insurance) program is to allow individuals who have become insured for SSDI benefits to receive them early if they become disabled and unable to work.

So, in answer to the question, "how much will I get if I get if I am approved for social security disability income?", the answer is...the same amount that you are currently slated to receive for retirement. To learn the exact dollar amount your attorney can contact with social security office for a determination.

 

How does the application process work?

 

Answer: The application proceeds as follows:

1. The application, after filled out by your attorney,  will be forwarded to the agency in your state that handles disability determinations for the social security administration. In most states, this agency will be known as disability determination services, the bureau of disability determination, or the disability determination division.

2. Once it is received at this agency, it will be assigned to a disability specialist known as an examiner. This individual will request all your medical records, which will be provided by your attorney and, after receiving them, will work toward determining if your eligible for social security disability.


3. If your case is approved, your attorney will be notified by SSA and you will be sent information regarding your anticipated in-pay status. If your case is denied, your attorney will be notified of this decision as well, as well as your available appeal rights.

4. If you decide to appeal your disability denial, your attorney must file a request for reconsideration within sixty days of the date of your denial. In actuality, you have 65 days since SSA will give you an additional five days for mailing time.

 

 



Riviere Cresci & Singer LLC
222 Schanck Road
Suite 201
Freehold, NJ 07728

Phone 732.64.NJLAW (732.646.5529)
Fax 732.358.0238
Cell 732.995.4168
 
 
The following locations are by appointment only:

260 Madison Ave
New York, NY

116 Village Blvd
Princeton, NJ

2500 Plaza 5
Jersey City, NJ

197 RTE 18 South
East Brunswick, NJ