Understanding The Process Of Obtaining Social Security Benefits
A disability can seriously impact a persons life if their physical or mental health prohibits their ability to sustain, which may call on the assistance of our Roanoke, VA, social security disability lawyer. Disabilities can take on several forms depending upon the severity. Treatment may be intensive, and they may not be able to live whole lives due to disparities. Having an inability to make a living, as a result, can make it challenging to care for themselves, and as a result, life can be complicated. Those experiencing such issues will likely require social security disability benefits to cover treatments and their cost of living. However, applying for social security disability can be cumbersome and complicated. Still, fortunately, The Law Offices of Mark T. Hurt have the experience, resources, and capabilities to support the application process.
Why Should I Hire A Roanoke Social Security Disability Attorney
Even though you may qualify for benefits, it does not mean that you will be awarded SSD payments. It may be necessary to enlist the services of a knowledgeable Virginia Social Security Disability attorney to improve your chances of securing benefits from the outset or winning an appeal.
At The Law Offices of Mark T. Hurt, we can help to ensure that documentation is completed thoroughly and that your case is presented to the SSA in the most persuasive manner possible. If benefits are denied, we can fight tenaciously to assist in seeking to secure the full benefits to which you are entitled. Call our offices to schedule a free consultation to learn how to get started.
Disability Evaluation Under Social Security, Social Security Administration, https://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm.
Substantial Gainful Activity, Social Security Administration, https://www.ssa.gov/oact/cola/sga.html.
The Appeals Process, Social Security Administration, https://www.ssa.gov/pubs/EN-05-10041.pdf.
Virginia ODAR Offices, DisabilityJudges.com, https://www.disabilityjudges.com/state/virginia.
Client Review
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Can A Social Security Disability Attorney Help Me File A Claim
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Disabled workers can file their own claim or a Social Security disability attorney can help you file a claim. After you find a Social Security disability attorney, your lawyer can advise you of your rights and options, help you compile the medical records necessary to support your claim, and file the claim with the appropriate Social Security Administration office near Roanoke, Virginia. If your claim is denied, your experienced attorney can handle the appeal to make sure you get the benefits you deserve.
Need an attorney in Roanoke, Virginia?
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The Process Takes Months
Even with a letter-perfect application and proper documentation, approval for SSD takes a minimum of three months. If the administration denies your appeal, an appeal consumes more months. Consider that a single wrong answer to an ambiguous question may sink your application. These harsh facts build a compelling case for getting your application right the first time. Working with an attorney who has overseen many applications may improve your chances of a smooth approval. With these high stakes, consider a free consultation with a lawyer, such as an attorney with the Law Offices of Mark T. Hurt.
Blind Individual Special Rules
If you meet the SSA definition for a blindness disability, then you will have slightly different qualifications when it comes to the SGA requirement. To qualify as blind, your impairment must reduce your central vision to 20/200 or less when using correction or in the eye with the best vision, you must have a visual field at the widest diameter of no more than 20 degrees.
SGA criteria for you increases the amount of money you can earn through working before it becomes a qualifying SGA. Someone without blindness generally has a very low threshold for earnings before it turns into SGA, but yours is almost double that amount.
In addition, if you own a business, the SSA will determine how much you contribute directly to the business operations when considering that income.
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Initiating The Application Process
There are a few different ways to initiate the application process for social security disability benefits. You can either:
The process for completing an application can be cumbersome, and for someone whose cognitive functioning is impacted, it may feel impossible. The application alone can be challenging, making it imperative to consider the assistance of social security disability lawyer in Roanoke, Virginia, for help.
Roanoke Social Security Disability Lawyers
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Will I Lose My Social Security Disability If I Work
The SSA allows benefit recipients to engage in limited work. Still, it is imperative that earnings do not exceed a certain amount set by the SSA each year, as this can result in benefit ineligibility. If an applicant earns more than this amount, referred to as the substantial gainful activity limit, it is assumed that considerable work can be performed. In 2020, the monthly SGA limit is $1,260 for non-blind individuals and $2,110 for blind claimants.
In addition to the amount of money earned, the SSA routinely looks at the number of hours worked. Even if the SGA limit is not exceeded, if a significant number of shifts are worked, it can signify that an applicant is not disabled. For instance, if a person works 30 hours per week, the SSA may determine that they are ineligible for benefits.
Because benefits can be compromised by working too much or earning more than the SGA limit, it is crucial to ensure that SSA thresholds are not exceeded. If you intend to work part-time, it is vital that you reach out to our firm to schedule a free consultation before you begin employment, so that we can help you potentially avoid compromising disability payments.
How Can I Obtain Social Security Disability Benefits
An applicant will be considered disabled and eligible for benefits under the SSA rules if:
- Work that was previously performed can no longer be accomplished
- Other work cannot be completed because of the disabling condition and
- The impairment lasts or is expected to last for at least one year or result in death.
To prove these requirements, extensive medical and work history records must be submitted. Most initial applications are denied because of a lack of medical or vocational evidence thus, claimants need to compile as much documentation as possible. The following steps can help in meeting the evidentiary requirements and substantiating a claim:
- Contact employers for work records and IRS W-2s
- Seek regular medical treatment
- Undergo diagnostic testing
- Request medical records
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Effective Documentation Is A Tightwire Act
Legitimate grounds for SSD eligibility include blindness, musculoskeletal disorders and cardiovascular issues. Each disability thus requires tailored documentation to gain the administrations approval. Most applicants understand that submitting inadequate documentation guarantees a denial. To avoid this fate, many applicants overcompensate and submit irrelevant paperwork.
Because each Social Security examiner works through hundreds of applications each workday, a blizzard of unnecessary paperwork heightens the risk of your correct documentation escaping notice. The advice of a Social Security Disability lawyer in Roanoke, VA may help you thread the needle with a right-sized documentation package.
What Should I Do If I Cant Afford An Attorney For My Disability Claim
When you hire our firm, you neednt worry about how you will afford our services. We represent clients on a contingency fee basis, meaning that we will only be entitled to a fee if benefits are obtained. Further, our fee is only assessed on SSD back payments consequently, you will keep 100% of any future benefits that you receive .
In most cases, federal law caps attorney fees at 25% of the back pay amount thus, no matter how long it takes to handle a claim, clients do not have to worry about incurring higher bills. This can be advantageous, especially if a lengthy appeal is needed to secure disability payments.
As an example, for clients needing assistance in filing an initial application, the back pay portion of an award will be limited, since there likely will not have been significant time that has elapsed from the onset of the disabling condition. Hiring an attorney at this stage, however, can be critical in increasing the chances of getting a claim approved at the outset, as well as avoiding months of appeals.
If you become a client of our firm, we will provide a detailed engagement letter outlining the terms of our representation and will be happy to answer any financial or nonfinancial questions that you may have.
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What Can I Expect From The Exam
You may be nervous about taking the physical exam to verify your disability. The exam itself probably will not be too out of the ordinary for you. It should follow a similar structure to the routine physical exams that you regularly experience. The goal of the exam is to determine how your disability impacts you. They will look closely for symptoms or for any changes that have occurred. When you go in for your appointment, you can expect:
To provide your medical history to the doctor
- To discuss the onset of your illness or injury
- To receive a thorough physical examination
- To have any additional testing done specifically to the consultative examination
- To discuss what tasks are necessary for your job and if you can complete them
Our Roanoke, Virginia Social Security Disability lawyer knows that preparing to go in for your exam can be stressful. Still, it is vital to state the facts and listen to what the doctor says during the examination. Stick to basic information without exaggerating claims. Any false statements you make about your disability can put your application at risk of being denied, so make sure you provide clear and straightforward answers.
Does My Injury Illness Or Condition Qualify As A Disability
The SSD maintains a listing of impairments, also known as the Blue Book, that are so severe that they automatically qualify as a disability.
The following are a few examples of the impairments that automatically qualify under the SSA Blue Book:
- Major Dysfunction of a joint
- Spine disorders
- Fracture of an upper extremity
- Cystic Fibrosis
- Loss of central visual acuity
- Loss of visual efficiency
- Depressive, bipolar, and related disorders
- Intellectual disorder
- Immune disorders
If a condition is not automatically categorized as a disability in the Blue Book, the SSA must make an individual determination as to whether the impairment is severe enough to qualify for benefits. This can be highly subjective thus, the extent of the condition must be adequately explained and medically documented.
Firm founding attorney Mark Hurt has over three decades of legal practice and knows how to present a compelling case. If you have an impairment that does not automatically meet the SSA disability definition, he can thoroughly explain the extent of your injuries and zealously advocate for the full and fair benefits to which you are rightfully entitled.
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Living With A Disability
Whether you have just developed a disability or have lived with one for years, life can present you with many challenges. You may have to adapt to new changes, such as changes in the treatment plan or financial support financial support is often implemented, through social security benefits. This provides financial aspects, such as yearly payments, to the individuals life. What this does is it aids the disabled person in getting benefits for work that would not be possible at the time, due to limitations. Now, it is also important to note that sometimes, disabled people are not treated fairly. As such, at times, they may not end up getting the benefits that they deserve. When this happens, it is important to take legal action. A good example of this would be taking action, through a social security disability lawyer.
Learning how to live your life with a disability is a long and often frustrating journey. Adapting to your disability can take months or years, and it can be a lifelong journey. There may be times when you feel confident and feel like you have gotten the hang of it. In contrast, there might be moments where you feel like you have just started over, and it can be discouraging. If you were injured because of an accident whether on a jobsite, because of a car accident, or anything else you might be completely overwhelmed by what lies ahead.
Social Security Disability Attorneys
Joyce & Bary Law focuses on disability cases to ensure you will have outstanding representation. We have successfully represented the injured and disabled for over 40 years in Virginia, Tennessee, and West Virginia. Our highly trained team includes professionals who know how to handle complex and sometimes confusing medical and vocational issues that arise in disability cases.
Here at Joyce & Bary, you will not be treated like a number or just another client. We founded our firm on the principle of treating each client with compassion, dignity, and respect. Together, the Joyce & Bary team will fight for your social security disability rights at every step of a lengthy claims process.
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Can I Return To Work While Getting Social Security Disability Benefits
In a word, yes. If youre receiving SSI, the amount of your benefits will be reduced by the amount youre earning thats over their income limit. If youre receiving SSDI, your income cant exceed the SSAs substantial gainful activity limit, which changes from year to year. There are programs to help you transition from receiving SSDI to working again:
- Plan To Achieve Self-Support . PASS lets disabled individuals set aside money or property to pay for services or items they need to achieve a specific work-related goal.
- Trial Work Period. Any month when you earn more than the amount set forth by SSDI counts toward your nine-month trial work period. The idea is to see if youre able to return to work. After nine months working in a rolling 60-month period, you are considered to be no longer disabled.
What Is The Difference Between Ssdi And Ssi
The Social Security Administration runs two programs for people who are disabled. Social Security Disability Insurance and Supplemental Security Insurance . SSDI is for people who have worked at least five of the last 10 years. SSI is a need-based program for people who are disabled and have not worked that much. A social security disability lawyer in Roanoke, VA, can help you apply for both SSDI and SSI.
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How The Law Offices Of Mark T Hurt Can Help
Its always best to work with a lawyer early on to help manage the process with ease. For those in need of SSDI, chances are they dont have time to wait months or even years for the help they need. However, you will likely experience various delays and hurdles without a lawyer, especially if you do not complete the application correctly or are missing documentation. The financial impact can be significant, leaving the person in need to suffer.
If you are still unsure of the benefits that a lawyer can offer, consider scheduling a consultation with an experienced professional in your area. Our social security disability lawyer in Roanoke, VA, will be able to listen to your needs and discuss ways they may be able to help.
What Is Substantial Gainful Activity
Substantial Gainful Activity is any work you do, whether paid or not. Its the level of work a person without a disability can perform. Substantial activity means that youre doing some amount of physical or mental work, either in a job, as a volunteer or in criminal activity. Gainful activity is work that you could be paid to do. It doesnt matter if youre actually getting paid or not. If its work someone might pay someone else to do, its gainful.
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