What are Social Security Disability Benefits in Philadelphia?
In 1935, Congress enacted the Social Security Act to help states like Pennsylvania provide better assistance for those in need. While best known for the aid it provides to senior citizens, the Social Security Act also includes provisions for younger Americans who are unable to work for a variety of reasons. And if you are being denied those benefits, you need to reach out to an Attorney. Many people are very reluctant to apply for these social security benefits because the approval process can seem quite daunting. Others are slow to apply because of their concerns about a perceived social stigma.
While certainly understandable, it is important to recognize that these benefits exist for a good reason. If a physical or mental disability deprives you or a loved one of the ability to work, social security disability benefits can ensure that you and your family can adequately meet your needs.
We have devoted his legal career to helping earnest Americans like you receive the compensation they need and deserve. If you or a loved one are dealing with a disability that restricts your ability to do your job, our attorneys want to offer you the necessary background information that can help you figure out if you can build a case for receiving social security disability benefits in Pennsylvania. If you have any questions, do not hesitate to call.
Will a Philadelphia SSD Attorney Will Help You Qualify for Benefits?
According to the Social Security Administration, a sizable percentage of Americans will become disabled before they can retire from their jobs (nearly 1 in 4 people). In other words, there is an excellent chance that you or a member of your family will need to apply for social security disability benefits at some point.
The meaning of the term "disabled" can be rather vague, but when it comes to SSD benefits, the word means that a person has a medical condition that will endure for at least one year and that the condition severely restricts the individual's ability to work. If a person qualifies, the individual will receive significant benefits and, in some cases, the person's family may also receive necessary assistance.
The government treats each benefits case individually, so it 's hard to define the precise qualifications in the abstract. When an individual seeks SSD benefits, Pennsylvania's state agency enters into a dialogue with a person's doctors and disability specialists to weigh the merits of the individual's claim. It is important to note here that individuals have a right to legal representation when attempting to negotiate this important process. Pennsylvanians SSD applications are often rejected for various avoidable reasons; it is wise to enlist the help of a leading disability attorney in Pennsylvania before submitting your paperwork.
Find a Social Security Disability Lawyer To Guide you Through the Decision Process
The details of the decision process will vary from case to case, but the Social Security Administrations state agency generally follows a five-step process as it weighs an application.
They analyze your employment status. If you are not working, they move onto the next step in the process. You can receive benefits even if you are working in a limited role; however, if you earn more than a specific amount each month, your application will be rejected. The exact amount changes each year. In 2017 this threshold is $1,170 per month. It is important to note, however, that this figure is not necessarily as straightforward as it may seem. If your monthly income is anywhere near this threshold, seek legal assistance from an accident attorney before submitting your application.
The evaluators look at the person's particular medical condition. The condition must be significant enough that it substantially inhibits his or her ability to work. For example, the medical issue might restrict a person's capacity to walk, lift, or remember important details. If the condition is sufficiently severe and will continue to be so for at least one year, then they will move on to the third step.
The agency looks to see if the applicants medical condition(s) align(s) with a master list of severe impairments. If so, they will likely conclude that the individual has a qualifying disability. If the condition(s) is not on the list, they will work to figure out whether the persons situation is equivalent to the cases caused by the conditions on the master list. In some cases, they will find that it does merit the classification of a qualifying disability. If cases where it does not, they move on to a fourth step.
The PA agency will consider a person's medical condition's impact on the particular work that he or she was doing before the medical impairment. If they cannot determine that the medical condition stops the applicant from successfully doing his or her work, they will reject the application. If they are convinced that the medical impairment does, in fact, make it impossible for the person to do their former job, then the agency moves on to one final step.
The agency considers the possibility that the applicant could still perform the tasks necessary for another type of job. They take many factors into account here as they weigh the possibility that a person could transfer some of their remaining skills into a new line of work. If you suspect that your application or a loved one's application may make it to this step in the process, you should consult an experienced social security disability benefits lawyer before submitting your request. This final step involves some level of subjectivity; you will want to have the best possible documentation and representation working in your favor to succeed at this fifth step.
A SSD Lawyer Will Keep You Up to Date During the Process
Familiarity with the state agencys decision process dispels some of the myths that surround SSD benefits. For example, the stringent demands that must be met at each stage make it very, very difficult for individuals to abuse this system. The complicated process is designed to ensure that only those who truly need assistance actually receive it. On the other hand, the complexity of the process also makes it hard for deserving Americans to successfully negotiate its many demands, particularly if they are personally suffering from disabilities that may be making it difficult to fill out and gather the necessary paperwork. Given the various requirements, the process usually takes three to five months to complete. Attorney Kofsky, the best disability attorney in the state of Pennsylvania, has the necessary expertise to offer you the legal assistance you need to negotiate this necessarily complicated process successfully and as quickly as possible. Once the state agency approves your application, you will begin receiving your benefits six months after your medical condition began. For example, if the agency determines that your multiple sclerosis stopped you from working on June 1, you will start receiving payments on December 1.
A Lawyer Will Look After Your Family as Well
The Social Security Administration recognizes that an unexpected medical disability (mental or physical) often affects more than just the individual suffering from the condition. A surprisingly wide range of cases allow family members to receive vital benefits. An experienced Philadelphia social security attorney can help you, and your family members navigate this important process so that your loved ones can adequately support you and themselves.
Let an Experienced PA SSD Lawyers Help You Collect Benefits for Mental Health Conditions
While it may seem easier to determine when a physical health condition prevents someone from working, mental health conditions are often just as debilitating for countless Americans. The National Alliance on Mental Illness, in fact, reports that nearly 20% of American adults experience mental illness each year. Furthermore, 4% suffer from severe mental illnesses that significantly limit their ability to live a normal life. American society has come a long way regarding mental health awareness and crafting appropriate, compassionate, just responses. If you or a loved one is suffering from a severe mental illness, you can apply for SSD benefits through the same process that those enduring physical disabilities have been using for almost a century. Because these cases can involve additional documentation and can sometimes be misunderstood, it is wise to consider enlisting a premier disability attorney in Pennsylvania who can help you and your loved ones through the process.
A Lawyer Will Help You with the Denial and Appeal Process
Unfortunately for many deserving Pennsylvanians, more than half of the social security disability benefits applications each year are denied the first time around. In some cases, these rejections happen because of minor technicalities. In other situations, the severity of the medical condition itself is the issue.
As you likely noticed above, human (and therefore potentially flawed) judgments factor into the application review process at nearly every step along the way. Thankfully, a substantive appeal process exists for individuals whose claims have been denied. These appeals are worth the additional time and effort because they are often successful.
Technically, Pennsylvanians also have the option to initiate a brand new claim if their initial request is rejected; however, this route is rarely the wise decision. Appeals have a much higher success rate than brand new applications; appeals also take less time which is crucial for many applicants who need the financial assistance in a timely fashion. If you have had an application for social security disability benefits rejected, but you believe you have a legitimate case, we would appreciate the opportunity to represent you in the appeals process.
If Your Case is Special - Contact a Lawyer
There are some particular cases that demand further attention and involve unique requirements. First, people experiencing blindness or severely low vision face a unique set of rules. The Social Security Administration has issued a separate document that details these distinctive regulations (Publication No. 05-10052).
If you need to file an application because of your vision problems and need assistance with the condition-specific requirements, please contact an experienced social security attorney, who can assist you with the necessary forms and processes. Second, although children are obviously not missing out on the chance to work a full-time job, they can still qualify for a form of SSD benefits. Parents of children with disabilities will instantly recognize the need for this type of assistance; dealing with severe medical conditions with ones children is not merely stressful and time-consuming, but also very costly.
Questions? Contact a Social Security Disability Attorney
The complexities associated with this process make it very difficult to summarize comprehensively. If you or your loved ones are struggling to figure out this application process, you likely still have significant questions. Please do not hesitate to consult us with your questions, concerns, and struggles regarding this complex but necessary process. We understand that a person may have a disability, but the disability does not define the person. We will work hard to ensure that you and your loved ones can continue to thrive here in the great state of Pennsylvania, despite the new obstacles that your medical conditions are posing.