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Why Use An Orlando Attorney For Your Social Security Disability Law Claim?
It is not required that you have an attorney file and pursue a claim for you for
Social Security Law benefits but the Social Security Administration own
statistics indicate that claimants who use the services of a Social Security
lawyer have a greater success rate in winning their claims than those claimants
who do not have representation.
If you have a Social Security Disability Law claim and need help and assistance
in filing or appealing your Social Security Law claim please call The Nuebel Law
Firm, P.A. promptly at 407-703-5999 for a free, no obligation consultation with
an experienced Orlando Social Security lawyer.
Important Reminders From Your Orlando Social Security Attorney About Your Social Security Disability Law Claim
Do not delay in filing your social security disability claim.
Do not delay or wait to file a Social Security Disability Law claim as you may
be lose benefits to which you may be eligible for as some begin a month after a
claim is filed.
If a social security disability claim is denied then appeal it.
Your Orlando Social Security attorney recommends that you always file an appeal through the hearing level. Further
if your claim is denied by an Orlando Social Security Law judge then file another claim.
Do not give up. Be persistent.
Get checked out by your own physicians.
It's best to get medical documentation from your own physicians to prove your
claim. Do not go to physicians scheduled by Social Security if it's not
necessary. Your own treating physicians have more personal knowledge about you,
your medical history and your medical conditions.
Complete the social security disabililty application thoroughly.
Some claimants do not thoroughly complete the forms or to write down all of the
conditions they have including psychological ones. In order to make a fair
determination on your claim, Social Security must be provided information about
all of your conditions.Your Orlando Social Security law firm can help you complete
all necessary forms.
The work history form is vital.
This form is arguably the most vital paperwork that you will be required to do.
Social Security has to determine if you can perform your former jobs in deciding
whether you are disabled or not. You need to include all jobs you have worked at
in the last 15 years for at least 6 months or longer and you need to list all of
the difficult tasks of your former jobs.
If you have a Social Security Disability Law claim and need help and assistance
in filing or appealing your Social Security Law claim please call The Nuebel Law
Firm, P.A. promptly at 407-703-5999 for a free, no obligation consultation with
an experienced Orlando Social Security lawyer.
Social Security Disability Law Benefits
The following information is provided by your Orlando Social Security attorney.There are several benefits you may be eligible for under Social Security Law and
you should always file for any benefits that are applicable to your claim.
Listed below are some of these benefits:
Regular Disability Benefits ( DIB )
When you have worked and paid enough Social Security taxes and become disabled,
you may be eligible for regular disability benefits. Your disabilty payments are
determined by the how much you have paid in Social Security withholding taxes.
Any children you have who have not graduated from high school and have not
reached nineteen years old, may be eligible for benefits under your claim.
Once you are determined to be disabled these benefits commence in 5 months after
your disability date.
Further, you will receive Medicare insurance two years after you become entitled
to Social Security Disability Law benefits.
Supplemental Security Income ( SSI )
SSI benefits provide money to a disabled person who meets certain financial
guidelines which has specific regulations on the amount of money you are allowed
to earn and the resources you can have to get these benefits.
You are allowed to get disabled SSI benefits while you are awaiting a decision
on your DIB claim if you meet the financial guidelines.
Once you are eligible for disabled SSI you will be eligible for Medicaid
insurance.
Once you are determined to be entitled to disabled SSI benefits they commence
the month after the date you filed your claim.
Widow/Widowers Disability Benefits
A surviving spouse receives a percentage of their spouse's DIB benefits if the
deceased spouse paid enough in withholding taxes.
You have to prove that your deceased spouse paid into the Social Security
system, be at least fifty years old, prove you were married at the time of your
spouses death for a minimum of nine months and became disabled within seven
years of your spouse's death.
Adult Disabled Child
An adult disabled child receives a percentage of their parents DIB benefits if
the parents paid enough in withholding taxes.
You must prove that the child's parent was insured under the Social Security
system, that the child became disabled before twenty-two years old and must
generally prove that the child was never in a marriage. Finally, you must prove
that the child's parent is deceased, disabled or retired.
Blind Person
A blind person is eligible for DIB benefits if they meet Social Security's
statutory definition of blindness.
A blind person does not have to meet some of the work mandates that other
claimants have to, can earn substantially more income than other claimants and
remain eligible for their Social Security Disability Law benefits.
If you have a Social Security Disability Law claim and need help and assistance
in filing or appealing your Social Security Law claim please call The Nuebel Law
Firm, P.A. promptly at 407-703-5999 for a free, no obligation consultation with
an experienced Orlando Social Security lawyer.
Social Security Disability - FAQ
How do you apply for Social Security disability benefits?
Do you have to be permanently and totally disabled to receive Social
Security disability benefits?
When can you file for Social Security disability benefits?
How does Social Security decide if someone is disabled?
Who determines if you are disabled?
Do you need an attorney to represent you for Social Security disability
benefits?
If you hire an attorney how do they get paid?
What is the Social Security hearing like?
What happens if the Administrative Law Judge denies my disability claim
at the hearing?
What types of Social Security disability benefits are there?
If you get Social Security disability benefits do you also get Medicare?
If you get Supplemental Security Income (SSI) disability benefits do you
also get Medicaid?
How do you apply for Social Security disability benefits?
You can apply on-line at socialsecurity.gov website, or you can call
Social Security and arrange a telephone interview to file the claim, or
you can go to the nearest Social Security office and file a claim in
person.
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Do you have to be permanently and totally disabled to receive Social
Security disability benefits?
No, you only have to a disability that prevents you from working for at
least 12 months, or are expected to be disabled and unable to work for at
least 12 months or your disability is expected to result in death.
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When can you file for Social Security disability benefits?
You can file a claim on the day you become disabled. If your medical
and/or mental condition is expected to put you out of work for a year or
longer you should immediately file a claim.
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How does Social Security decide if someone is disabled?
Based on a review of your medical records and taking in consideration your
age, education and your past jobs, Social Security makes a determination
if you can do your past work. If determined you can do your past work you
will be denied benefits. If you are considered unable to do your past work
then Social Security has to determine if there are other jobs you could
perform. If determined there are other jobs you could perform you will be
denied benefits.
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Who determines if you are disabled?
Once you file your disability claim, a disability examiner will review
your file and make a decision. If the claim is denied and you request a
reconsideration then another disability examiner will do a review and make
a decision. If denied again, then you can request a hearing before an
Administrative Law Judge who will make a decision.
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Do you need an attorney to represent you for Social Security disability
benefits?
No, you can represent yourself throughout the claims process but claimants
who have an attorney representing them are much more likely to get
benefits than those who are unrepresented according to Social Security
Administration's own statistics.
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If you hire an attorney how do they get paid?
Generally, the attorney receives 25% of the back benefits if they prevail
and no attorneys fees if they lose.
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What is the Social Security hearing like?
At the hearing the claimant, claimants attorney, the judge, the judges
assistant who operates a tape recorder and sometimes a medical doctor
and/or a vocational expert requested by the judge will be present. The
judge will conduct the hearing, hear testimony and remarks by claimants
attorney before rendering a decision.
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What happens if the Administrative Law Judge denies my disability claim
at the hearing?
You can file an appeal to the Appeals Council which is located in Falls
Church, Virginia who will review the case and make a decision. If denied
by the Appeals Council then may be able to file an appeal with the United
States District Court.
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What types of Social Security disability benefits are there?
There are five major types of Social Security benefits. One type is
Disability Insurance Benefits which is for people who are disabled and
have worked at least five out of the last ten years. The second type is
Disabled Widow's and Widower's Benefits which are for people who are at
least fifty years old and become disabled within seven years after the
death of their spouse and the deceased spouse must have worked enough to
be insured under Social Security. The third type is Disabled Adult Child
Benefits which is for children who are disabled before age 22 who have
parents who are on Social Security disability or receiving retirement
benefits or are deceased. The fourth type is Supplemental Security Income
(SSI) benefits which are for disabled people who are poor. You can receive
Supplemental Security Income even if you have never worked. The fifth type
is Supplemental Security Income child's disability benefits which is for
children who are under 18 years old and disabled.
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If you get Social Security disability benefits do you also get Medicare?
If you get any type of Social Security disability benefits other than
Supplemental Security Income (SSI) benefits you will get Medicare two
years after you have been receiving Social Security disability benefits.
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If you get Supplemental Security Income (SSI) disability benefits do you
also get Medicaid?
If you receive SSI you are entitled to Medicaid. Sometimes you may be
entitled to both Medicaid and Medicare if you get both SSI and some other
type of Social Security disability benefit.
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