The Social Security Disability Process In Utah
The process of filing for Social Security Disability in Utah can be confusing and convoluted. Applicants must provide specific information and documentation, correctly complete their claims, and ensure they follow rules of submission.
While every case is different, there is a general application process used by the Social Security Administration when processing SSDI claims. This includesbeginning the SSDI application process on the telephone or over the internet atwww.ssa.gov. Once submitted, claims are reviewed by state agency staff and medical experts who may request more information from you, or issue a decision.
Disability decisions are based on a five-step evaluation process that focuses on:
- Whether you are working
- Whether your medical condition is severe
- Whether your conditions meets a listing of impairments, or is medically equal to one
- Whether youre able to do the work you did before
- Whether you can perform any other type of work. It can be easier for disabled individuals over the age of 50 to qualify, but regardless of your age, if you cannot work, you should consider applying for benefits.
If your application is approved, youll receive a determination letter showing the amount of your benefit and when payments start.If your application is not approved, you can initiate the appeal process. There are four stages of appeal, each subject to unique rules and procedures.
At Pearson Butler, we offer comprehensive support for SSDI applications and appeals:
How An Attorney Can Help
An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.
Other Things Our Law Firm Does For You
Here is a list of the many things our attorneys and staff do for you:
- Send and complete the forms to become our client
- Help you file your application for SSD and SSI benefits
- Request reconsideration if you receive an initial denial from Disability Determination Services
- Help you confirm your attendance at a Consultative Examination
- Request a Hearing with an Administrative Law Judge
- Prepare you to be a good witness at your disability hearing
- Represent you at your hearing and question the vocational and medical witnesses. Read more about vocational experts here. Learn more about medical expert testimony here.
- Request review of an unfavorable decision with the Appeals Council
- Request review of an Appeals Council denial in Federal Court
If you file your application for disability benefits online at Social Securitys website, then you only have 6 months to complete the application. Additionally, once you receive a denial from the SSA, you only have 60 days to appeal any decision from the SSA. You must not fail to appeal within the time 60 day time frame set by the SSA. We wont let that happen.
Recommended Reading: Is Disability Income Taxable By Irs
Salt Lake City Social Security Disability Lawyers
- Offers Video Conferencing
What Is Social Security Disability
Social Security Disability Insurance is one of the largest of several United States Federal programs with the purpose of providing assistance to persons with disabilities. Workers pay into SSDI out of their paychecks. When a worker suffers an injury or disability, they can file a claim to get benefits if they are no longer able to work. Before a disabled worker can get SSDI benefits, they have to qualify and go through the application process. Unfortunately, some workers are improperly denied benefits and have to turn to a Social Security disability lawyer for legal advice.
Don’t Miss: How To Apply For Disability In Arizona
We Recommend You Apply For Ssd Benefits Through Your Attorney
Of course, we recommend filing for benefits with the help of your lawyer. Even though the SSA denies 70% of all claims, we still win most of our cases. We win SSD & SSI cases because we know the law. Also, we know what medical evidence the SSA needs to grant your benefits. Additionally, our lawyers and staff work with you to build your case. Consider us part of your team. You need a legal team on your side.
In the past 30 years, our Salt Lake City-based Social Security Disability attorneys have won benefits for over 20,000 clients. We have also won over $100 million in SSDI and SSI benefits for our clients.
When you hire an attorney, you want one you can trust. You can trust Cannon Disability Law. With our team approach and our years of experience, you can trust us to fight for your benefits. Give us a call and put our experience to work for you. You can also contact Cannon Disability Law online.
Qualifications To Receive Social Security Disability
The first step in applying for social security disability is figuring out whether or not you are eligible for benefits. Although each social security claim is unique, the following generally need to be true to qualify for benefits:
- You must be unable to work, or unable to work full time, receiving less than $1260 a month.
- Your disabling condition must be expected to last longer than 12 months. You will need a diagnosis from a doctor.
- You must be insured, meaning youve worked long enough and have paid into social security. In general, this means you have worked for at least 10 years and paid FICA taxes 5 out of the last 10 years.
- Most people who receive social security disability benefits are fifty years old or older and receive Social Security Disability Income until they are of retirement age. However, there are some exceptions and some people who are younger are able to receive social security disability benefits.
Also Check: Bath Chair For Disabled Adults
Common Legal Terms Explained
Plaintiff a person or party who brings a lawsuit against another person or party/parties in a court of law. Private persons or parties can only file suit in civil court.
Judgment A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.
Personality Disorders And Utah Mental Disability Benefits
In Utah, you can qualify for Social Security disability benefits with a personality disorder. You will need medical evidence showing your condition causes you to be unable to adapt to changes at work.
For example, your personality disorder may make it difficult for you to get along with other workers or your boss. Also, you may have a history of being fired from multiple jobs. Or, you may have trouble getting along in a school or home setting. Sometimes, a personality disorder makes it hard to get along with your neighbors or even your family.
To win SSD benefits, your personality disorder needs to cause at least one of these symptoms:
- Autistic thinking
- Odd thoughts or odd speech
- Constant mood swings
- Impulsive behavior that damages relationships
If you have these symptoms and they prevent you from working full time, then you may qualify for SSDI benefits. You can show deserve benefits if you have these mental health symptoms and they have lasted for over 12 months.
Also, your mental health condition must interfere with your activities of daily living. For example, it may cause problems with memory. You may forget to pay bills or put money in the bank. You may have trouble shopping, doing laundry, and cooking meals. Likewise, you may no longer enjoy the company of friends and family.
Don’t Miss: Can You Get Disability For Ibs
Dianna Cannons Legal Experience Wins Benefits
As an expert in Social Security law, Dianna Cannon has good advice for her clients. She states, If you are looking for an SSDI attorney, make sure you hire an expert. Your future depends on hiring the right attorney. If your mental or physical illness keeps you from working, then you need a monthly SSD payment in order to live. You dont want to hire the wrong attorney. Especially when your future income is at stake.
Additionally, it is important to hire a law firm with good customer service. This can be hard to find. Attorneys are always busy. Therefore, it is important that they have a smart and kind staff to help them.
At Cannon Disability, we work hard to give all of our clients attention. We do our best to keep clients up to date on their case. Contact Cannon Disability for a free consultation today.
Ms. Cannon explains, You need to connect with your attorney, but your attorney is not your best friend. She is there to give you advice. If you listen, your chances of success in your case are high. The clients who follow our advice usually win their SSD and SSI benefits. However, we cant force people to do what we ask. When our clients take our advice, they usually have a good experience winning SSDI benefits.
Attorneys At This Firm
Email Law Firm
You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationshipand may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client.The internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.
Matthew Nielson Disability Law
Thank you! Your message has been successfully sent.
For your records, a copy of this email has been sent to firstname.lastname@example.org.
Summary of Your Message
- Do Not Sell My Personal Information
- Cookie Settings
Copyright © 2022 MH Sub I, LLC dba Internet Brands. The information provided on this site is not legaladvice, does not constitute a lawyer referral service, and no attorney-client orconfidential relationship is or should be formed by use of the site. The attorneylistings on the site are paid attorney advertisements. Your access of/to and useof this site is subject to additionalSupplemental Terms.
You May Like: Social Security Disability Over 55 Odds. Of Winning
Contact Our Utah Office For Your Social Security Claims
If you have been unable to return to work, your bills are mounting, and you need an experienced lawyer to seek justice for you, The Law Office of Andrew Reichardt, PLLC can help you pursue your Social Security Disability claim.
Contact us by , or call us at today, and talk to us about how we can help you get the benefits you deserve.
How Much Do You Charge To Represent Me For My Disability Claim
Federal law establishes how Social Security attorneys are paid for their services. We get paid out of what is called your back pay. From the time that you apply for Social Security Disability benefits, you start accruing back pay. Then once you are approved, Social Security counts up the months you have been waiting for benefits, and you receive a lump sum payment. Social Security will send 25% of the back pay amount to us as your representative, and will send the remaining 75% to you. All of your benefit payments after that go to you and we do not receive any additional payments. Also, Social Security attorney fees are limited to no more than $6,000 per case.
Because our fees are only paid out of your back pay, we dont get paid until, and unless, you get approved for benefits. If you do not get approved for benefits, you dont owe us anything for the time we have spent on your case.
Recommended Reading: 7 Day Waiting Period For Short Term Disability
Contact A Salt Lake City Attorneycommitted To Protecting Your Rights
When it comes the family law and social security disability , each client and case is different. It is also important to select an attorney with the experience, skills and professionalism required to address your legal issues. To learn more, contact the Salt Lake City law offices of Melvin A. Cook and schedule an initial consultation to discuss your case.
Do You Have A Legal History That Stops You From Winning Social Security Benefits
A criminal legal history does not usually stop you from winning benefits. However, if you are injured during the commission of a felony and your injury causes you to file for benefit, even if you meet SSAs rules, you will not receive benefits. For example, if you break your femur bone and it impossible to walk for more than one year, that is normally a condition that the SSA would pay benefits for. However, if you broke your leg during the commission of a felony, then it prevents you from being paid benefits.
The same is true if your physical or mental condition became worse while you were in jail or prison. You also cannot win benefits if you violate probation or parole. Additionally, if you are in jail or prison you cannot receive SSI benefits.
Don’t Miss: How To Apply For Disability In New Mexico
Utah Social Security Disability
Utah is home to some 1.6 million residents. Of these residents, approximately 2.5 percent receive Social Security Disability benefits. Thousands of Utah residents will file new Social Security Disability claims this year. If the past is any indication of the rate of future approvals, more than half of these claims are rejected by the Social Security Administration .
The Utah Social Security Disability applicants who are denied benefits during the first stages of the application process will have to go on to file an appeal if they wish to receive the benefits that they may be entitled to. The first step of the appeal process is called a Request for Reconsideration. In the State of Utah, almost eighty-eight percent of reconsideration requests are denied by the SSA. This means that fewer than 20 percent of applicants will be awarded benefits at the initial stage of their disability appeal. The applicants who are not awarded their reconsideration request must appear before an administrative law judge if they wish to pursue their disability appeal.
- Salt Lake City, Utah
This office is responsible for scheduling the disability hearings for the Social Security field offices in Cedar City, Murray, Ogden, Provo, Salt Lake City and St. George. It takes this office an average of 339 days to schedule a disability hearing for Utah Social Security Disability applicants.
What Happens After A Denial
If youve been denied social security disability benefits, you may feel discouraged. However, what many people dont know is that you can appeal a denial. The appeal process has four possible steps.
The process of receiving benefits youre entitled to can be quite frustrating. On average, most people wait 16 months to see an administrative judge. The average processing time for your benefits is a year and a half. If you are denied after everything, an ADA attorney may be able to help you receive supplemental security income , which is a partial amount of SSDI benefits.
You May Like: How Much Can I Get On Disability
Depression Is Another Mental Condition Eligible For Ssd Benefits
Disability benefits for Depression are available under Listing 12.04 from the SSA. If your depression prevents you from working for over 12 months, then you should submit an application for SSD & SSI benefits. If you are unable to work, then you may be able to win benefits. You may already know that Depression can effect your ability to work.
Likewise, depression symptoms can make it difficult to concentrate at work. The symptoms can interfere with your ability to arrive at work on time. It may also make you call in sick and miss too many days at work. In fact, you may have already been fired from your job.
To get Social Security Disability benefits, you will need to get ongoing treatment for your major depression. Ongoing treatment and being unable to recover from Depression, is the evidence that proves you deserve SSD benefits. One of the things the SSA looks at is the duration or your mental illness. To qualify, your mental symptoms must last for over one year.
Hire The Team You Can Work With
Experience is crucial in court. Likewise, your attorney should know the facts the judge is looking for to grant the case. Because of our years of experience and hard work, we win most of our cases. Ms. Cannon states, Not many firms have such a high win rate over thirty years. Also, our success rate speaks for itself.
Additionally, she explains, we work with our clients as a team. No attorney can win a case alone. The client must help us obtain medical evidence. Also, they must be willing to prepare for their hearing. Clients who visit their doctor and work with us are usually happy with the outcome of their case. Because they win.
Finally, Ms. Cannon believes experience is important in Social Security cases because there are so many conditions and diseases that can cause severe illness. Over the years, she has seen common and rare medical conditions that meet SSAs rules.
For example, Ms. Cannon has helped clients with rare forms of cancer, unusual heart conditions, and terminal illness. However, it is more common for Ms. Cannon to represent clients with obesity, back impairments, and anxiety or depression. The common conditions prevent people from working, just as the rare conditions do.
You May Like: How Much Disability Can I Draw