Yes. You can receive disability benefits so long as you have been disabled or expect to be disabled for at least 1 year, so you should file for SS disability benefits even if you hope to eventually return to work.
Attorneys Fees
No fee for legal services will be charged in connection with your application for SSI or disability insurance benefits unless your claim is approved.
If your claim is approved, United Disability Lawyers Group will seek a fee of 25% of your retroactive benefits either under the streamlined fee agreement process which limits our fee to $ 6000 ($7200 beginning November 30, 2022) or through the longer process of filing a fee petition where there is no statutory maximum.
In cases where there are no (or a small amount) of retroactive Benefits, we may file a fee petition for a so-called minimum fee of $2000 to compensate us for the work performed on your claim.
The Social Security Administration will make direct payment to your attorney of the authorized fee directly from your retroactive benefits in most cases.
If for some reason the Social Security Administration fails to withhold our fee as required under the law, you will be responsible to pay us directly. In such a case we may also ask the Social Security Administration to pay us the attorney fees erroneously released to you.
Costs
Some of your medical providers may charge United Disability Lawyers Group for the cost of reproducing and forwarding your medical records. We will advance those costs on your behalf and bill you at the end of the case. Costs that are advanced must be repaid whether your claim is decided favorably or not. The amounts are usually incidental and if you need a payment arrangement we will be happy to comply.
You will be notified if there are any other advance costs associated with your claim, such as independent evaluations necessary to prove your disability. Those costs will also be your responsibility to repay whether or not your claim is approved. Again, we are happy to make payment arrangements if it is necessary.
If your case goes to federal court, we will also seek fees for our services before that court.
It is recommended that you hire a legal representative as early as you can in the claim process, in order to help prepare for the initial filing/appeals and to ensure that all important information is correctly provided.
No, a claimant can represent himself through the entire process. However, legal representation is strongly recommended. The application and appeals process can be complicated and overwhelming, and often involves precise legal definitions and inquiries that must be responded to appropriately. Additionally, claimants with experienced counsel win much more often than unrepresented claimants.
A large number of claims are denied due to a lack of proof in individual medical records that shows the degree and consistency of the disabling medical conditions. It is important to remember that only your doctor’s medical charts and records, and not the doctor himself, will be present when Social Security makes its determination. As such, medical records must be extensive and detailed enough to overcome any medical inquiries conducted by Social Security.
Unfortunately, doctors are often not trained to routinely record such extensive information, so medical records frequently lack credible documentation or a showing of regular medical treatment.
Unfortunately yes. Most claims are denied on initial review, and around 90% of those denied claims are then denied again on Reconsideration (the second stage of review).
But don’t be deterred! Most appealed claims with legal representation at the Hearing (the third stage of review) are ultimately approved. Be persistent!
Chronic obstructive pulmonary disease (COPD) is one of the most common lung diseases. It makes it difficult to breathe. There are two main forms of COPD:
Asthma is a disease that affects the lungs, both in adults and children. It is one of the most common long-term diseases of children. Asthma causes repeated episodes of wheezing, breathlessness, chest tightness, and nighttime or early morning coughing. In most cases, the medical profession does not know what causes asthma, or how to cure it. It is known that if someone in your family has asthma, you are also more likely to have it.
Anemia is a condition in which the body does not have enough healthy red blood cells. Red blood cells provide oxygen to body tissues. Possible causes of anemia include:
Inflammatory Bowel Diseases (IBD) is a broad term that describes conditions with chronic or recurring immune response and inflammation of the gastrointestinal tract. The two most common inflammatory bowel diseases are ulcerative colitis and Crohn’s disease. Both illnesses have one strong feature in common. They are marked by an abnormal response by the body’s immune system. Normally, the immune cells protect the body from infection. In people with IBD, however, the immune system mistakes food, bacteria, and other materials in the intestine for foreign substances and it attacks the cells of the intestines. In the process, the body sends white blood cells into the lining of the intestines where they produce chronic inflammation. When this happens, the patient experiences the symptoms of IBD.
Irritable bowel syndrome (IBS), a disorder that affects the motility (muscle contractions) of the colon. Sometimes called “spastic colon” or “nervous colitis,” IBS is not characterized by intestinal inflammation and bears no direct relationship to either ulcerative colitis or Crohn’s disease. Sufferers of IBS, however, may experience the same or similar symptoms and limitations.
Symptoms include persistent diarrhea (loose, watery, or frequent bowel movements), cramping abdominal pain, fever, fatigue, loss of appetite, weight loss and, at times, rectal bleeding.
It is important that you let your doctors know about each of your symptoms and how you are limited by your illness. Social Security will consider the objective evidence that documents your illness as well as the subjective symptoms (such as pain and fatigue) It is also helpful to keep a log of your symptoms, how often you experience symptoms, how long such symptoms last and the intensity of your symptoms. Social Security will consider how often a claimant with IBD would miss work or be away from work because of the need to use the bathroom. Statements from former employers may be helpful to establish disability as well. As with other chronic illnesses, one’s mental health can be affected: Treatment for depression or other associated mental/emotional conditions is recommended.
To read more about inflammatory bowel diseases, see: