Many people know very little about how Social Security benefits work or how to go about applying for them. When you need assistance with an application, your best option is to have a skilled Social Security benefits attorney help you with presenting your claim in the best light possible in order to get your claim approved. Below please find a few frequently asked questions to answer some of the inquiries you might have.

What is considered a disability by Social Security?

In order to be eligible for benefits, you must be unable to perform any kind of substantial work because of a physical or mental impairment, or both. The impairment needs to be expected to either last at least 12 months or lead to death.

How long do I have to wait before benefits begin?

After the fifth full month of disability, benefits begin for SSD. For SSI they begin effective the date of application or the date of the onset of disability.

Can a child receive disability benefits?

Yes, a child can receive either SSI or SSD if they are disabled based on certain criteria. SSD benefits are based on their parents earning record. If there is no earning record on the part of the parents, then the child may be eligible for SSI.

Why do I need to have an attorney to receive the benefits I’m entitled to?

It is not necessary to have an attorney, and many don’t obtain one for the initial filing. However, if your claim is denied, you may want to seek legal counsel to assist in presenting your case for your hearing and/or appeal. The proper preparation of your case during the appeals process is very important to your being able to succeed following an initial denial.

What do I do if my claim was turned down?

In most cases, you’ll be turned down automatically the first time you apply for benefits. When this happens, you should appeal the decision. The instructions on how to appeal should be on the notice turning you down, however, as mentioned above, we highly recommend you obtain our services to help you through the complicated legal procedure and to document your claim to your advantage.

For any questions on Social Security Benefits, contact the Malaise Law Firm for professional assistance in preparing your claim.