Category: Social Security Disability

Can An Attorney Help With My Social Security Disability Claim?

Can An Attorney Help With My Social Security Disability Claim?

 

Do you need an attorney to file for Social Security Disability? No. But can an attorney be very beneficial in your outcome? Yes! The National Organization of Social Security Claimants’ Representatives announced that the Government Accountability Office (GAO) examined the rate of Social Security Disability claim approval at hearings. The study revealed that those who had legal representation were given benefits nearly 3 times higher than those without a representative.

 

Filing for Social Security Disability can be done on your own but requires you to jump through many hoops. Working with an experienced attorney who is familiar with the process and understands all of the steps can have a positive impact at your hearing. Claims that are filed without the help of an attorney are initially denied most of the time.

 

Working with an experienced attorney ensures everything is done right and increases your chances of receiving benefits. Don’t risk having your claim denied because of a mistake filing your claim.

 

Oxner + Permar has vast experience in representing claimants in their Social Security Disability cases. Contact us today for a free consultation.

Do I Need an Attorney to Apply for Social Security Disability?

Do I Need an Attorney to Apply for Social Security Disability?

 

If you are considering applying for Social Security Disability, you may have many questions. One question most people have is, when will I need an attorney? My answer to that question is: immediately.

  1. An attorney can review your age, education, past work, and impairments to determine if you are a good candidate to apply for Social Security Disability benefits. The sooner you know if you’re a good candidate, the better able you are to prepare for your future.
  2. If you wait to apply for Social Security Disability benefits it could affect the date you begin receiving benefits. If you wait two years to apply and are denied, then you will have to wait another two years to get a hearing. The sooner you apply, the sooner you will have a hearing if you’re denied.
  3. If you’re denied, an attorney can begin the appeal process immediately or discuss other options for benefits if you’re not a good candidate for Social Security Disability benefits.

A few other common indicators for whether you need an attorney:

 

  • Your doctor says you are going to be out of work for a while
  • Your doctor says you cannot work
  • You’ve been diagnosed with a severe condition/impairment
  • Your doctor says you cannot go back to the job you were doing
  • You’ve had a major surgery that will affect the rest of your life, such as a spinal cord stimulator, stroke, heart attack, etc.

 

It is also important to tell your doctor that you’re applying for Social Security Disability benefits. It is essential to inform your doctor of all of your impairments — both mental and physical — if your doctor doesn’t know about it, it will not be in your medical records. Social Security reads your medical records to determine how your impairments affect your work, so it’s important that nothing is left out. Most doctors know what key language to write in your medical records to help Social Security find you disabled.

 

If you are applying for Social Security Disability, give us a call for a free consultation. With more than $275 million in awards and settlements, Oxner + Permar has the experience, knowledge, and commitment to protect your rights.

How Do Transferable Skills Affect My Social Security Disability Claim?

How Do Transferable Skills Affect My Social Security Disability Claim?

 

A question clients often ask is how to prove their skills are non-transferable. A skill is defined as the knowledge of a task that requires judgment and is attained through job performance. The Social Security Administration (SSA) classifies the different skill levels of jobs as unskilled, semi-skilled, and skilled. These classifications are generally determined by how long it takes to learn the work and what that particular job requires.

Once the Social Security Administration determines the skill level of your past work they will use that to provide you with other jobs you might be able to do that meet the same (or lower) level of skill. This is what they mean by transferable.

 

Some examples of transferable skills are supervising or managing others, teaching, filing, clerical work, researching, technical work, and training.  When determining whether a person has transferable skills, it will depend on if their impairments or disabilities affect the ability to perform those skills. If it does, then their skills will not be transferable. However, if it does not affect an individual’s ability to perform, then the skills can be considered transferable.

 

Proving at your hearing that your skills are non-transferable may be essential, especially if you need to challenge the vocational expert’s opinion. An attorney who understands transferability of skills under the Social Security Administration rulings and regulations can help with the cross-examination process during the hearing.

 

Don’t risk having your claim rejected. Work with an experienced attorney who will make sure it’s done right. Give Oxner + Permar a call for a free consultation.

How Many Hours Do I Need to Have Worked to Receive Social Security Disability?

Social Security Disability

How Many Hours Do I Need to Have Worked to Receive Social Security Disability?

Social Security can be a great help to injured workers in the United States. However, in order to qualify for these benefits, there are several requirements you’ll need to meet. One such requirement is to have worked a certain number of hours. Often, I have clients ask what those requirements are.

The first thing I tell them is that they need to make sure their disability meets the following:

  1. You are unable to do the work you did before
  2. Your work cannot be adjusted due to your injuries
  3. Your disability has or will have lasted one year or will result in death

If you meet these minimum requirements, the next step is to look at whether you’ve worked enough hours, recently enough, to qualify for Social Security Disability. This is determined through Social Security work credits.

 

Credits are based on your wages. In most cases you need 40 credits to qualify for SSD, and 20 of those credits need to have been earned in the last 10 years. It’s possible to earn up to 4 credits each year.

 

While this is an average, there are many factors to take into consideration. For instance, younger workers who become disabled often don’t need as many credits to qualify for SSD. That’s why it’s important to speak with an experienced attorney. We can help guide you through your case.

 

If you qualify for Social Security Disability, don’t hesitate to speak with someone about your case. At Oxner + Permar, we offer a free consultation to ensure you’re taking the next best steps with your case.

Do I Need an Attorney to File for Social Security Disability?

Social Security Disability

Do I Need an Attorney to File for Social Security Disability?

When applying for Social Security Disability benefits, it can be difficult to think about also having to hire an attorney. The good news is that it is possible to apply for Social Security Disability benefits on your own. You’ll just need to jump through quite a few hoops to make it happen.

First you’ll need to contact your local Social Security representative. You can get the application by phone, by mail, online or in person. The form will ask you to provide information about your injuries, disabilities, treatments and any other information that may be applicable.

 

Your local representative will be responsible for confirming your basic information. For instance, they’ll be checking your age, employment status, and other general information.

 

Once your application passes through the local office, your case will go on to Disability Determination Services, commonly abbreviated as DDS. The DDS is a state run agency that determines whether or not your claim is valid. They will use the information that you provided in your application for their initial review. They will then conduct a consultative examination usually with your physician; however, they may also choose to work with an independent source.

 

After these examinations are complete, the DDS will determine whether or not to grant you benefits. If they decline your claim, you can appeal.

 

While it is completely possible to file for Social Security Disability benefits on your own, it can be difficult. Claims that are filed without the assistance of an attorney are often initially denied. Working with an experienced attorney can not only save you time, but help you start receiving the benefits you’re owed as soon as possible.

 

Don’t risk having your claim rejected because of a mistake on your Social Security Disability application. Work with an experienced attorney who will make sure it’s done right.

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