Articles Posted in The Benefits of a Lawyer’s Involvement

Many of Maine’s disabled are suffering from severe mental health problems that impact their ability not only to work but also to seek out the types of treatment they need so as to appropriately treat their mental health illness.  For those who are longer term disabled from working as a result of their disabling condition, it becomes necessary to seek benefits from the Social Security Administration in the form of Social Security disability income benefits and/or Supplement Security Income.  Unfortunately, many individuals do not understand that in order to prove entitlement to Social Security benefits it is necessary to prove 1) that they remain totally disabled from a “severe medically determinable impairment” that causes them to be 2) unable to undertake gainful employment “despite prescribed treatment.”  And thus, it’s important to understand from an initial standpoint that one can not meet these 2 requirements without appropriate medical care.   Many are left not knowing what options remain available to them. Continue Reading ›

Many individuals applying for Social Security disability benefits in Massachusetts are denied on their initial application.  What is not commonly understood, however, is that it may not always be in your best interest to appeal your denial: whether you are denied on your initial claim or denied on reconsideration.  We’ll attempt to provide some guidance in this article as to some of the considerations you should have when deciding whether to appeal.  Continue Reading ›

There are a number of reasons one should have their case reviewed and handled by an experienced Social Security disability lawyer as they head to hearing.  Unfortunately, all too often we are contacted by individuals as they are either approaching hearing or following an unfavorable decision where one, their case has been handled by either a lawyer who does not concentrate their practice in disability cases or two, has been handled by an advocacy group (of non-lawyers) or a lawyer who is taking on too many cases to pay personal attention to their individual case.  There are a number of considerations that should be taking place as an individual is approaching hearing to ensure that they will present the strongest case possible to the Administrative Law Judge (ALJ) that will be hearing the case.

From the very outset, an attorney should be helping guide their client as to the types of treatment and medications that are appropriate given their individual medical circumstances: have the appropriate tests  been undertaken, have they attempted the right types of medication, have they been referred to the right types of specialists?  These are the types of questions that need to be asked from the outset of representation (which is not to mention, on an ongoing basis as the claimant is proceeding through the hearing process.   Continue Reading ›

Applying for benefits from the Social Security Disability Insurance (SSDI) program is complicated and very often confusing. The application can be time-consuming, and applicants must usually wait several months to get a response from the Social Security Administration (SSA). An experienced and knowledgeable SSDI attorney can help you present your case efficiently and effectively, and can guide you through the maze of offices, procedures, bureaucrats, and regulations that make up the Social Security system. Choosing the right SSDI lawyer for you is important. You want someone who knows the law and the system, and who can also address the specific needs of your case. A good SSDI lawyer can take much of the burden off of your shoulders by dealing with the SSA on your behalf.

At what point in the process should I hire an SSDI lawyer?

If you are planning on filing an SSDI claim, or are even merely thinking about planning, it is never too early to consult with an SSDI lawyer to learn more about the process. If you have already filed an SSDI claim, you may seek the assistance of an SSDI lawyer at any time. An SSDI lawyer can get involved in your case at any stage of the process, from an initial filing to a final appeal.

What information will an SSDI lawyer need?

To make an effective case for disability benefits to the SSA, you need to show that you have an injury or medical condition that is expected to last for at least a year or longer or constitute a condition that is expected to result in death.   This may be established by meeting the criteria of one of the Social Security Listing of Impairments (a designated list of medical conditions under Social Security’s rules that, if met, constitute automatic eligibility to Social Security disability benefits), or by showing that one’s functional abilities to work or so limited (that is to say, that their Residual Functional Capacity (RFC) is so limited) that they remain incapable of performing either their past relevant work or other work that exists in significant numbers in the national economy.   An experienced Social Security lawyer will be able to evaluate these factors for you when they speak with you. Likewise, you must also establish that you have enough work history to make you eligible for SSDI benefits. The above considerations require that they obtain from you extensive information regarding your past employment, the conditions of that employment and past work,  education and training, your medical history, your current diagnosis or diagnoses, your current treatment plan, any future treatment or surgeries you anticipate needing, and any other information they know the SSA will deem relevant to your claim.

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