Portsmouth & Suffolk Social Security Attorney
Social Security Lawyer in Tidewater Area
When you have worked for a living and religiously paid your social security taxes, it can come as a horrible shock when the Social Security Administration rejects a claim. In such cases it is vital that you contact a Portsmouth social security attorney to fight for you. It is unfair to have a disability or other social security claim denied when you have paid your dues as a citizen of the USA. Some denied claims are simply based on a poorly presented claim that has errors. It is not recommended that you try to get a social security claim without a qualified and experienced attorney reviewing it. Once your claim is denied, you have to go through the process of fighting to get the claim approved.
Isle of Wight County and Southampton County Social Security Attorney
When a person is disabled, they are suffering from physical or mental problems that cause them to be unable to work. Unfortunately, this can also make it difficult to work on a claim for disability. The laws regarding social security claims change fairly frequently and one would want to ensure that their attorney has kept up with the most recent changes. The attorney team of Barrett Richardson and Mike Rosenberg keep up-to-date on all changes in social security laws to assist clients in getting the payments that they deserve.
The Social Security Administration usually has a huge backlog of claims that have been denied and are now moving through the system as an appeal. The government is trying to speed up this process by having on-line filing and other modernizations. However, the government is always difficult to deal with as their forms and requirements are almost impossible to understand. If you forget to cross a "T" or dot an "I" you might have had your claim denied. How you present your condition and what documentation you provided can also be a problem and cause your claim to be denied. Take the problem of filing your claim or your appeal on a denied claim off your plate and give it to the legal team of Richardson and Rosenberg, LLC. This is increase the possibility of a speedier and better outcome on your social security case.
Questions and Answers About Social Security Disability Benefits
Q: I was injured badly and can no longer work. However, my Social Security claim was denied. I worked my entire life and don't know what to do.
A: When Social Security denies a claim, you have the right to fight for what is fair. Enlisting the help of a skilled social security claim attorney from Richardson & Rosenberg can bring about a resolution to your problem. When dealing with government agencies, even a small error in a claim you submitted may cause your claim to be denied. Ensure that you get legal assistance to get the social security payments that you deserve.
Q: What happens if I apply for Social Security benefits and am denied?
A: If denied for Social Security Benefits, you have the right to file for a Reconsideration of the denial. If you are denied at the Reconsideration level, you have the right to file a request to have your case heard before an Administrative Law Judge of the Office of Hearings and Appeals.
Q: Does an individual's
age have an impact on a disability claim?
A: The Social Security Administration uses a "grid" that factors in an individual's age, work history and education level. For instance, someone who is 55 may have a more favorable claim for disability benefits than a 50 years old individual with the same level of education and work history.
Q: How does an individual's age and work history impact on a Social Security Disability claim?
A: Under the "grid" system used by the Social Security Administration, an individual with a lower level of education and / or a less skilled work background has a higher likelihood of receiving disability that a younger person and / or a person with a skilled background.
Q: What happens at the hearing conducted before the Administrative Law Judge?
A: The hearings are generally informal with the Administrative Law Judge asking questions about the claimant's medical situation and other relevant issues. The claimant is permitted to bring witnesses to the hearing such as family members, medical professionals and past employers.
Q: Will the Administrative Law Judge make a decision on the same day of the hearing?
A: The decisions of the Administrative Law Judge are made in writing and are quite detailed. The decisions are mailed to the claimant and generally the decisions are not mailed until 60 - 90 days after the hearing.
Q: How long does the process take between the date of an initial application and the date a hearing is conducted before the Administrative Law Judge?
A: The amount of time varies with each claimant but most people generally wait a minimum of 9 - 12 months between the date an application is filed and the date the hearing is conducted before an Administrative Law Judge.
Q: Will I have to pay for a lawyer to represent me?
A: Generally, attorneys handling Social Security Disability claims take cases on a contingency basis. On a contingency fee case an attorney can charge no higher than a 25% contingency fee of an individual's back benefits. The claimant would be responsible for repayment of any cost advanced by the lawyer whether the claimant won or lost the case.
Q: What is the maximum amount of money an attorney can receive on a Social Security Claim?
A: The attorney's fee is "capped" by law. The current statutory cap is $6,000 so even if a claimant received a benefit of $30,000, the attorney can only receive $5300 even though 25% of $30,000 is $7,500. The attorney's fee can be no more than 25% of the back benefits or $6,000 whichever is less. The only exception to this rule is that the fee cap can be waived under exceptional circumstances such as a successful appeal made to the U.S. District Court.
Q: What happens if an individual who has applied for Social Security disability cannot afford medical care and needs a physician's evaluation of their medical condition?
A: It is common for the Social Security Administration to request a claimant to receive an independent medical examination with a physician selected by the Social Security Administration.
Q: Is there a right of appeal if a claimant's case is denied by the Administrative Law Judge?
A: If the Administrative Law Judge makes an unfavorable decision, the claimant can file an appeal with the Appeal Council of the Social Security Administration. The claimant has 60 days to file a Complaint in the United State District Court in the region where they reside if the claimant is denied at the Appeals Council level.
Contact a Portsmouth & Suffolk Social Security Attorney from the Law Offices of Richardson and Rosenberg, LLC when you seek a compassionate, skilled and dedicated attorney to fight for your social security claim.