Disability Attorney Oneida NY

by | Apr 30, 2013 | Attorney

Disability is not something that many people wish to think about, but the Social Security Administration reminds all workers that a twenty year old has a thirty percent chance of becoming disabled before retirement age. If this happens, Social Security disability benefits may be available to help replace their income if they are no longer able to work. Qualification depends on how long a person has been working and whether they have paid social security taxes. In order to be considered disabled by Social Security, the person must have a medical condition on the approved list of disabilities and must not be able to return to work within 12 months. If this is true and they qualify, benefits will continue until they are able to return to work.

Qualification based on time worked and taxes paid is based on a credit system. One credit is earned for every $1,160 of self-employment income. Usually 40 credits are needed with 20 having been earning within the last ten years, however the amount for younger workers is different.

Social Security uses several factors to approve an application, with the primary one being the list of medical conditions. To verify, they will also look at the severity of the condition, whether the person is currently working or could resume work, and whether they could perform other work.

The application process takes three to five months and can be completed with the assistance of a Disability Attorney Oneida NY. The applicant must gather information about their medical history, including all treatments and medications, as well as their financial history. Because this process involves many regulations, every party is entitled to have an attorney help them throughout the entire process.

A Disability Attorney Oneida NY can also help if an application is denied. This may occur for medical or non-medical reasons. Often, the cause may not be that the person is not actually disabled, but that certain information was not presented to Social Security so that they were not aware of the disability. The applicant has the right to appeal any decision either online or with the local Social Security office, depending on the type of appeal. The cost of an attorney is also a lesser concerned as Social Security is authorized to directly pay any attorney who prevails before it.

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