Do I Need a Social Security Lawyer to Appeal My SSD Case?

03/14/10

Q: Are SSDI and SSI benefits the same thing?

A: Social Security Disability Insurance and Supplemental Security Income are both disability benefits, but they are not the same. SSDI is awarded based on prior work contributions and earned credits. How long you have been employed, your income record and accumulated work credits are all factored into your qualification to receive SSDI benefits. While in the workforce, an individual earns one work credit for every calendar quarter. You are usually eligible for SSDI if you have earned 20 credits out of the past 40 quarters. Eligibility for SSI benefits, however, are dependent upon the financial needs of an individual. SSI can be awarded, regardless of work history. To be eligible for SSI, an individual cannot earn more than $1,433 per month in wages ($694 per month if the income is not from wages). All assets and earnings affect eligibility for SSI. If you have any questions about whether you qualify for SSI or SSDI, contact a social security lawyer.

Q: Do you need a social security lawyer if you plan to appeal your Social Security disability claim?

A: A social security lawyer is not required for you to file an appeal. But, claimants are often advised to hire a social security lawyer for the appeals process. You will need to file for reconsideration first. Most cases that have been reconsidered are not approved. If you wish to appeal further, you will need to move on to the hearing process. A social security lawyer is extremely beneficial when a claim goes through a hearing. Your case has a better chance of being approved after a hearing, if you have the services of an attorney. You have peace of mind, as a social security lawyer will make sure that your claim is arbitrated fairly all the forms are completed correctly and on time. Should your claim win approval, an attorney can also assure that you get the most favorable onset date.

Q: Do I let my lawyer complete and submit all forms for social security disability benefits?

A: If you have hired the services of a social security lawyer, he will assure that your paperwork has been filed correctly and within the required deadlines. Knowing that, it is also important for you to be in the loop about all forms and deadlines. This is your case, after all, and you should be involved. Your lawyer will assist you, but there are some things that should be completed by you. The initial application and any forms regarding your work history are most easily completed by you.