Age is not a factor in receiving social security disability insurance (SSDI.) However, the applicant must be disabled. The Social Security Administration (SSA) makes it hard for applicants to be approved. That’s why consumers need an attorney who practices Social Security Disability law in Wilkes-Barre, PA.
Definition of Disability
SSA defines disability as having a condition that’s expected to last for at least twelve months. Furthermore, the applicant must be unable to perform substantial gainful activity. This means a person cannot earn more than $1,220 per month. SSA has a claims office in each state where applications are examined. Almost everyone is denied initially. An appeal must be filed by an attorney that handles Social Security Disability law in Wilkes-Barre, PA. A request for reconsideration should be filed within sixty days.
Claimants must also meet financial requirements. Applicants should have worked for a certain period of time before becoming disabled. Additionally, they should have filed FICA taxes at their jobs. The monthly RSDI check is based on an average of what the applicant made. Recipients will be getting a 2.3 percent cost of living raise in 2019.
Hiring an Attorney
Social Security attorneys work on a contingency basis. This means they do not get paid unless the client gets paid. Furthermore, the client and attorney must sign a contract approved by the SSA. The contract must contain specific language about the attorney’s fee. Basically, the attorney is paid 25% of any past-due benefits with a cap of $6,000. This is a reasonable fee considering SSDI cases can drag on for years.
The Appeals Process
If a request for reconsideration is denied, the attorney must file for a hearing. SSA is so back-logged that it takes more than a year to get a hearing date. Nonetheless, most applicants get approved at the hearing level. This is the first opportunity the claimant gets to tell a Judge how the disability affects them. Likewise, the claimant is more than a name on a piece of paper for the Judge. Many applicants are awarded benefits on the spot. If you need help, contact the Law Office of Robert D. Elias. You can also follow them on Twitter.
