Social Security Claims

If you are injured or develop an illness that renders you unable to return to work, you may need to apply for social security benefits.  Whether you will qualify for Social Security Disability Insurance Benefits, Social Security Income, or both, is largely dependent upon a person’s work history and various assets a person has at the time of the injury or illness.

To be deemed “disabled” under the Social Security Act, you must prove you:

1.         Lack the ability to engage in any substantial gainful employment;

2.         Have one or more medically determinable physical or mental impairments;

and,

3.         The inability to work will last or can be expected to last for a continuous period of not less than  12  months or can be expected to result in death

Getting benefits is not as simple as you may have been led to believe and involves more than simply filling out a form.  There is a comprehensive set of guidelines and other factors that are considered in determining whether to grant or deny an application for social security benefits.  One mistake many applicants make is not providing sufficient evidence, medical and otherwise, to the Social Security Administration, which generally results in an unfavorable decision.

Before applying for any type of social security benefit, the first consideration should be whether to hire an attorney to represent you in this complex and often lengthy process.  Unfortunately, many people do not understand or appreciate the significance in having a social security claim properly documented and presented at the initial phase of the application process.  Too often, a person decides against hiring an attorney until after they are denied benefits and then must wait years while appealing the initial denial of the application.  Even worse, some people have to start the application process all over because they missed important deadlines or a critical step in the process.  Such mistakes add to the length of time a person must wait to receive benefits, making an already financially difficult time even worse.

There are additional reasons to having an attorney involved.  If the cause of your disability is the result of an injury, there may be a basis for an additional legal claim that could provide you with a more substantial or additional recovery than what social security provides.

The lawyers at Halpert, Weston & Sawusch, P.C. are both experienced and skilled with handling all aspects and phases of social security claims.  Should you be forced with the difficult decision of having to file a social security claim, whether it be because of injury or illness, please contact us so we can help you maximize your chances of obtaining a successful claim.