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Sometimes circumstances happen in life that result in the loss of the ability to work to support yourself and your family. The Social Security disability program exists to help individuals who find themselves unable to work. You can choose to pursue a disability claim on your own or use a Boise Social Security attorney to help you, but, either way, the process of applying for benefits will generally go as follows:
The claimant (the individual filing for benefits) files a claim online, by phone, in person, or by mail with a local Social Security claim office. In the application, the claimant describes the details of their impairment, treatments they have pursued, and any other information pertaining to the claim.
The field office verifies the claimant’s eligibility for benefits by confirming age, marital status, employment and Social Security status.
The field office refers the claim to Disability Determination Services (DDS) for evaluation. The DDS evaluates each claim and determines whether or not the medical evidence indicates that the claimant meets the legal criteria of disabled or blind. If the DDS finds that the claimant is disabled, the Social Security Administration will process the claim, compute the benefit amount, and begin paying benefits. If the DDS finds that the claimant does not meet disability requirements, the claim is denied and returned to the local field office. The claimant then has the right to file an appeal, if desired.
As you might imagine, while the process seems simple and straightforward, verifying disability is not always simple and straightforward. It is important to note that, for the purposes of Social Security disability, the definition of disabled is very specific. No provisions exist for short-term disability or partial disability; benefits will only be made for total disability. The SSA program’s disability rules assume that, during periods of short-term difficulty, working families have access to other resources to provide support, like personal investments and savings, workers’ compensation, and insurance. The Social Security Administration’s (SSA) definition of disability is a strict definition of disability and the claimant is considered to be totally disabled end eligible for benefits when the following criteria are met:
The claimant cannot do work that they did before
The claimant cannot adjust to other work because of their medical condition
The claimaint’s disability has lasted or is expected to last for at least one year or to result in death.
A Boise Social Security attorney is an invaluable partner in the process of applying for Social Security disability. Statistics show that, everything else being equal, claimants who are represented by legal counsel are significantly more likely to have their disability claim approved than those who apply on their own. Additionally, legal fees for disability attorneys are dictated by law. Your attorney can only collect $6,000 or 25% of your benefits in arrears, whichever is lesser. The earlier you hire an attorney to help you, the better. Your attorney will help you present the details of your case in the most favorable light, from things like the the date of onset to making certain that your impairment meets the stringent criteria required.