The social security system is what allows some people with disabilities to receive financial assistance. This government provided assistance is to be apart from any private disability payments provided by their employer, and is generally referred to as Social Security Disability Insurance.
Only those with qualifying disabilities are eligible to receive social security disability assistance. Eligibility primarily depends on the severity of the disability or illness, in relation to the person’s work. A person who is eligible can begin collecting social security disability payments once they are approved, even if they have not yet reached the age of retirement.
The Social Security Administration, or “SSA,” maintains a large body of requirements that define disability. This includes disability eligibility requirements. Whether the person’s disability prevents them from both obtaining a job, and maintaining that job for a set period of time, is largely what will determine if they receive benefits.
It is important to note that the eligibility requirements for social security disability insurance are notoriously complicated. However, the SSA generally utilizes the following three-step determination process:
- Some especially severe disabilities will automatically qualify the person for social security assistance. The SSA maintains a list of such conditions, which include but is not limited to:
- Heart disease;
- Severe arthritis;
- Kidney failure;
- Brain damage; and
- Mental illness.
- For disabilities that are not considered to be especially severe, the SSA will determine whether the disability prevents the person from performing their current or former work; and
- For cases that are less easy to determine, the SSA will consider whether the condition prevents the person from finding other work available under current economic conditions.
Why Would I Need a Disability Lawyer?
When considering applying for disability, you should consider retaining a disability lawyer. This is because disability can have varied definitions which are based on specific programs and statutes. An example of this would be how there is a legal difference between having a disability that makes you completely unable to work, and a disability that simply limits your ability to work.
A total inability to work could constitute a claim for disability benefits, or supplemental financial assistance, whereas a limitation on your ability to work could better suit a claim for unemployment discrimination. Unemployment discrimination means that your employer must make reasonable accommodations in order to allow you to work.
To further simplify, there is a legal difference between being completely blind and vision impaired. If you are completely blind according to the criteria set forth by the SSA, that may result in a Social Security Disability Insurance or Supplemental Security Income (“SSI”) benefits claim. If you are vision impaired, that may result in an Americans with Disabilities Act (“ADA”) claim.
You should consult with a disability lawyer if you need assistance with the eligibility requirements for social security disability. Additionally, they can ensure that you file the proper paperwork so that your application is not denied.
What Should I Look For In a Disability Lawyer? Where Can I Find One?
In terms of what to look for in a disability lawyer specifically, the first thing you should consider is whether the lawyer is qualified in dealing with your specific type of disability issue. Beyond that, you consider whether the lawyer has a solid reputation and is professional when dealing with your case. Some other things to consider would be:
- Does the lawyer treat you with respect?
- Does the lawyer return your communications in a timely manner?
- Does the lawyer seem rushed when speaking to you about your case? Or do they allow time for you to ask questions and clarify any communications?
- How are the other staff treated?
- Do they come recommended by any disability advocacy groups?
- What is their pay structure?
- What is their track record for getting their clients on disability benefits?
Finding a disability attorney could consist of asking around for referrals, or conducting an internet search. As the disability legal practice is quite broad, there is likely to be ample listings of lawyers in different locations.
If you have a disability, you could also be economically limited in your ability to pay for an attorney. Fortunately, there are legal clinics and legal aid centers offering free or reduced legal help to those who have limited income. An example of this would be how many law schools offer legal services through their student clinics.
Additionally, there are legal aid centers as well as local bar associations that can assist you in finding a disability lawyer. These legal services come at a reduced cost, and may be able to help you navigate the different disability benefits rules. They can also help you fill out all necessary paperwork to help you get the benefits you need without delay. Many disability claims can be addressed quickly if the paperwork is filled out correctly, or if you are able to adequately explain why your specific circumstances meet the criteria for benefits payment.
Finally, there are several different lawyer referral services which can help you choose the right disability lawyer for your needs. LegalMatch is one such service which can help match you with an attorney who specializes in any area of law you may need. This is a free service, and all suggested attorneys have been pre-screened.
How Does the Nature Of My Claim Affect Finding a Disability Lawyer?
As previously mentioned, disability laws are especially complex and generally involve a variety of other areas of law. As such, before you hire a lawyer for your disability claim, it is important that you understand the nature of your claim so that you hire the best lawyer for your specific case.
A lawyer who specializes in your specific disability will not need to spend as much time getting up to speed on the laws that will affect you, in order to determine the best legal course for you. This fact alone can significantly affect how much you pay the attorney in order to pursue your disability claim. Additionally, they may have access to experts in the field, and inform you of what outcome you should expect in your situation.
An example of this would be how a lawyer who regularly assists clients in handling SSI claims may not be the right lawyer to handle a claim against your employer for failure to provide wheelchair accessibility under the ADA. This would be because one is a disability benefits lawyer, while the other is a disability discrimination lawyer.
One may be better suited to dealing with the Social Security Administration, and the other in dealing with the ADA and employment law. Additionally, if your landlord fails to provide a rental unit that is ADA compliant, you may need to hire a real estate lawyer with ADA knowledge. Another option would be a lawyer who can help you protect your civil rights.
Should I Consult With a Disability Attorney?
While it is entirely possible to apply for disability benefits without the assistance of an attorney, working with an experienced and local social security disability attorney can increase the likelihood of your disability claim being approved.
Additionally, a disability attorney will be best suited to helping you understand your state’s specific laws regarding disability benefits, and how those laws may affect your eligibility status. Finally, an experienced attorney will also be able to represent you in court, as needed, and will protect your legal rights.
