Social Security Disability Lawyer Fort Worth – The number of people with disabilities living in the Dallas/Fort Worth area continues to grow, many of them unable to support themselves and their families. Fortunately, the Social Security Administration offers welfare programs that help people with disabilities. However, qualifying for these benefits and navigating the federal bureaucracy can be complicated.
The Social Security disability attorneys at the Law Offices of Kerry Thompson continually fight for the rights of people with disabilities in Azle, Blue Hills, Fort Worth, Haslet, Keller, Lake Worth, Newark, Saginaw and more Tarrant counties. Our experienced Social Security disability attorneys can help you get the benefits you deserve.
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The Social Security Administration (SSA) defines disability as the inability to participate in substantial gainful activities due to a medical condition that lasts for at least one year or causes death. The SSA maintains what is called a Blue Book, which outlines a range of health conditions that qualify adults and children for eligibility. In short, you may be eligible for disability benefits if you have a physical or mental disability listed in the ads.
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The SSA offers two types of disability benefits: Social Security Disability Insurance and Supplemental Security Insurance:
Although this may seem simple, understanding the requirements for each application is complex. At the Law Offices of PC Kerry Thompson, we have served clients in Azle, Dallas, Fort Worth and Keller. We will evaluate your situation, determine your eligibility and guide you through the system.
The application process is quite complicated. There are several forms to fill out and a large amount of medical information must be provided, including doctor’s reports, laboratory tests, radiological examinations and other information to confirm the diagnosis and prognosis.
The SSA rejects many SSDI applicants because they didn’t get enough work credit, made mistakes, or didn’t provide enough information. In fact, nearly two-thirds of initial applications are denied, indicating that good legal representation is essential. Similarly, SSI is available only to the elderly or disabled and those with limited financial means. We are well aware of the relevant eligibility rules and can help you gather all the information and complete the application correctly.
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When an application for disability allowance is rejected, the decision can be appealed. There are several steps to a complex appeal process.
The first step involves filing a reinstatement petition within 60 days of the denial. The application is reevaluated by an SSA medical advisor and examiner who was not involved in the initial decision. However, many repeat claims are also denied, and are usually granted only in cases where there is a new diagnosis or worsening of the condition.
If the petition for reconsideration is denied, the petitioner requests a hearing by an administrative law judge (ALJ) within 60 days. Judges are attorneys at the SSA who are responsible for denying or rejecting. In order to win at this level, it is essential to have an experienced disability attorney on your side.
In the event that an ALJ denies an appeal, which is not uncommon, the next step is to request that the Appeals Council reconsider the appeal. The board can take a number of actions, including vacating the decision, sending it back to an ALJ for reconsideration, or denying the claim. If the appeals court denies the request, the last resort is to appeal to the federal court, in which case the judge will determine whether there is good reason to reverse the decision. We have the necessary capabilities to successfully file a lawsuit and, if necessary, follow the court.
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An injury or illness or medical condition that can make you disabled. Although the government provides important benefits to people with disabilities, accessing these benefits is a challenge. Simple errors or missing information will result in application rejection, and even complete applications with all required information can still be rejected.
The frustration of being disabled is even more important without a dedicated attorney to obtain the important benefits. Our skilled disability attorneys are proven to help our clients in Keller, Azle and the greater Dallas-Fort Worth area obtain SSDI and SSI benefits. If you or a loved one needs help filling out an application for disability benefits or filing a claim, call our office today for a free consultation.
Carrie Thompson is a Social Security disability attorney serving clients in Azle, Dallas, Fort Worth, Keller, Saginaw and throughout Tarrant County, including applications and appeals. Topic: Why Should I Have a Social Security Disability Hearing Before an Administrative Law Judge? What is an administrative law judge and how can one become a judge? Is there an advantage to taking my case to an ALJ? How long do I have to wait to hear from an ALJ, and what happens while I wait? How long will my Social Security Disability claim take? Who can come with me to the Social Security hearing? Who will ask me questions during the Social Security disability hearing? How early should I arrive for a Social Security disability hearing? What should I wear to a Social Security hearing? Can I bring notes to use at the SSA disability hearing? Can I take time off during an SSA disability hearing? Does the courtroom look like the one in legal TV shows? Who will testify in court besides me and my witnesses? Should I be concerned about an expert I have never met testifying at a Social Security hearing? How does the judge know what to ask about my disability?
Social Security disability hearing clients have many questions pending at an SSA hearing. Here are 15 frequently asked questions about Social Security:
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After a Social Security disability claim is submitted by a regional office, the regional office’s evaluators make a decision. If the claim is denied, the local office may request an administrative review. The file is then reviewed again. If the claimant still does not receive a favorable decision, they must proceed to the third stage by requesting a full Social Security hearing before an administrative law judge. If a Social Security disability hearing is not requested, the denial will stand. The applicant will not receive any benefits.
An administrative law judge (called an ALJ) is appointed by the federal government. Administrative law judges employed by the Social Security Administration (SSA) hear cases and decide Social Security disability claims in court. To apply for an ALJ appointment, certain requirements must be met. Candidates must be lawyers and licensed to practice law. A candidate must have at least seven years of experience in the practice of litigation or administrative law at the time of obtaining a law license. If these two conditions are met, the candidate for the ALJ position applies to the ALJ job opening posted on the website hosted by the Office of Personnel Management.
A rigorous interview process and background checks are conducted to ensure that the best candidates are selected to be ALJs. Many ALJs have experience litigating federal agencies to enforce various federal laws through specialized agencies such as the Department of Labor, the Department of Health and Human Services, and the Department of Education. Others work as attorneys in large and small law firms, where they litigate under federal law and specialize in specific areas of federal law, such as social security law.
The applicant has a good chance of getting a favorable decision from the ALJ. Recently, about 47 percent of cases heard by administrative law judges ended in favor of the claim. Having a lawyer helping the petitioner increases the chances of winning the case at a higher rate. The key is to work with counsel to carefully develop the case. A hearing with an ALJ is pending.
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A Social Security hearing will not be scheduled until after a hearing application has been filed with the Social Security office. Social Security disability claims take longer to process from scratch. During the six-month to one-year waiting period, new medical evidence can be sent to the Social Security Hearings office by mail or through the new electronic filing system. The new evidence can strengthen the applicant’s case.
Sometimes the Social Security Administration can arrange for the claimant to have a medical evaluation by a doctor of his or her choice, who has not seen him before. The examining doctor will provide a medical report on the applicant’s condition and degree of disability. The report will be reviewed again. There may even be national disability identification agencies
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