Social Security Disability

People who have applied or are thinking about applying for Social Security Disability always want to know when/if they should they hire a lawyer. You should hire a lawyer if you want one. You don’t have a hire a lawyer in this process.

But if you do, you should hire a lawyer as soon as possible in the process so that the attorney can protect you and make sure you’re protected early on. If you’d like to discuss with Smith Jordan how we can help in your case, we’d be more than happy to do so. 

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In a Social Security Disability case, the social security administration recognizes many physical or mental conditions that can render a person unable to work. Some of these conditions include rheumatoid arthritis, osteoarthritis, systemic lupus, SLE, congestive heart failure, chronic breathing problems, or severe swelling of the legs.

Mental conditions such as depression, anxiety, panic attacks or bipolar disorders can also render someone disabled. While this is not an exclusive list, these are some conditions we’re familiar with at our practice when helping people with their social security case.

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A lot of people ask if Fibromyalgia is something that is covered in the Social Security Disability process. Fibromyalgia is a condition that has been recognized by the Social Security Administration as a disabling condition. It would have to be serious enough to render a person disabled, but it is a recognized condition.

Often, individuals also carry the condition of depression and anxiety because of the pain of Fibromyalgia. These cases are also eligible for Social Security Disability depending on the seriousness of the physical and mental conditions. In these cases, an attorney can help you determine the best way to carry your case forward. 

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Individuals that have applied for disability often get a letter that says they’re able to do their prior job as well as other jobs based on their age, education and work experience. 

If you know that isn’t true, you may have the question, “What do I do next?”

If you’ve gotten that denial letter, then you’ve reached the point where you may want to sit down with an attorney who is familiar with these cases and understands why you’re receiving a denial letter and what needs to be done to protect you so you can go forward with your case.

Our firm handles hundreds of social security cases every year and would be happy to sit down and speak with you about it. There is no fee for the initial consultation. 

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A lot of the cases we see are from people who have been denied Social Security and either have congestive heart failure or very serious breathing problems. Often, those problems are tied in with their heart condition. We’ve also seen individuals who have suffered a stroke and are unable to use parts of their body. However, the Social Security Administration will still deny some of these cases.

These are very serious conditions and are recognized by Social Security Disability. If you’re an individual whose case has been denied, you need to talk to an attorney to determine what to do next in order to prove that you are, in fact, disabled. 

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In a Social Security Disability case, an individual generally wants to know how they’re going to pay a lawyer if they’re already out of work. The good news is that Smith Jordan does not charge an up front fee for Social Security Disability cases nor do we charge for consultations in our office. We only get paid if a client is rewarded disability and is rewarded that pay.

In those cases, we’re awarded 25% of the back pay up to a cap of $6,000. We use the model fee agreement recommended by the Social Security Administration.

So, if you want to hire a lawyer to help with your Social Security Disability case, you should not be worried about the fee. We’ll only earn a fee if you get your social security. 

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When you go out of work because of a work injury, the insurance company must begin sending you weekly checks if you’ve been out long enough based on the law. The question often arises, “why is my check so low?”

There are several things that go into the amount. First of all, the check is tax free so there are no taxes paid on it. The checks are also often wrong because the insurance company and employer do not properly calculate your wages that were earned before the accident. As a result, they lowball the amount they’re paying every week.

One of the first things an attorney does is subpoena all wage records to make sure we have the correct amount of earnings. We find that at least one out of three clients are getting weekly checks that are too low.

We’re able to get that number brought up to the correct amount including back wages. Getting the correct amount is very important and something you may need to talk to a lawyer about.

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If you’re being told that you’re not disabled but you know that you cannot work, it’s time to contact an attorney. 

Whether you’re suffering from lupus, arthritis, multiple sclerosis, breathing problems, or a condition similar to this, you qualify for Social Security Disability. Contact Smith Jordan today for a free consultation. 

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Disability payments from private sources, such as private pension or insurance benefits, do not affect your Social Security disability benefits.

However, workers’ compensation and other public disability benefits may reduce your Social Security benefits. Workers’ compensation benefits are paid to a worker because of a job-related injury or illness. They may be paid by federal or state workers’ compensation agencies, employers or by insurance companies on behalf of employers.

If you receive workers’ compensation or other public disability benefits and Social Security disability benefits, the total amount of these benefits cannot exceed 80 percent of your average current earnings before you become disabled.