What happens to your disability claim?

Will it be dismissed?

Can you try and go back to work while your case is pending?

Check out this video from a recent lecture that Brian Mittman and Scott Daniels held on the topic of disability law.

http://learn.lawline.com/video/what-is-an-unsuccessful-work-attempt/

For more information, please visit www.markhofflaw.com to learn more about the disability process.

In several instances throughout the disability process, an attorney is not necessarily needed. It is certainly not a requirement. But if your application is denied upon an initial application, the next phase in the state of New York is the hearing level. Here, a Federal Administrative Law Judge will analyze the case and make a decision on whether or not you are entitled to benefits. An attorney who is well versed in the area disability law can be a world of difference in your case.

As with most attorneys, fees are associated with the representation of claimants, but the federal governement has regulated these fees. Most, if not all disability lawyers, adhere to a contingency fee system in which the lawyer is not paid unless the claimant receives a fully favorable decision. 

To learn more about what a qualified disability lawyer can do for you at the hearing level, CLICK HERE.

The conference starts tomorrow and will run throughout the week. Each day, I’ll be summarizing the day’s events and will highlight some of the proposed changes within the Social Security Disability program. Whether you are a disability recipient, or have a pending application for disability benefits, make sure you check in daily for an in-depth look at NOSSCR’s Fall Disability conference.

Bob’s social security disability case is denied upon the initial application. He has been out of work for 8 months and not receiving any income. Bob appeals his case and requests a hearing, but it could take up to 14 months for that hearing date to arrive. After waiting another 6 months after he filed his appeal, Bob decides that he needs to try and do something to earn some money. At this point, Bob has been out of work and receiving no income for 14 months. If Bob goes back to work, will his case be dismissed?

No.

Since Bob has been out of work for over 12 months and if he is able to prove that his injuries or impairments were severe enough to prevent him from working, Bob still might have a claim for disability benefits. Depending on Bob’s ability to work, or inability work, his attempt to go back will have significant ramifications on his case.

To find out what factors come into play if a claimant attempts to return to work while their disability case is pending, CLICK HERE.

The Social Security Administration will review close to 3 million disability claims this year. Of this staggering amount of claims, approximately 65-70% of these initial applications will be denied. That means over 2 million disability claims will be denied upon the initial application.

Receiving one of these denials does not mean that you will never be able to get disability benefits. In fact, your chances of winning at the hearing level dramatically increase.

New York Disability lawyer Scott Daniels is back to educate individuals on how to properly handle a denial from the Social Security Administration. He’ll dissect how to effectively get to the hearing level in the state of New York and he’ll even offer some tips on making the process as easy as possible.

Click here to listen live, or go to Markhoff & Mittman’s homepage, scroll down on the right hand side and listen a list of archived shows.

If you have access to a computer and you are unable to work, you can complete the online disability application on your own free time. Don’t worry about having to sit in your local Social Security Office for hours. There are so many benefits to applying online and this just might ease your concerns about the disability process.

Just what are the benefits to applying online? Click here to find out what they are…..

In order to start the disability process, a formal application needs to be fully completed and processed with the Social Security Administration.  The application itself can take a while, but it’s important to disclose everything that’s relevant to your inability to hold a job.

Once the application is completed and processed, it typically takes about 3-5 months to get a decision.  If you are denied at the initial application stage, you can appeal this decision and request a hearing.  In the state of New York, your case is immediately transferred to the hearing level, but getting a hearing could take anywhere from 6 to 18 months.

It’s crucial that you correctly fill out your disability application.  Click here to learn more about the different ways to apply for Social Security Disability benefits.