Law

West Virginia Car Accident Lawyer

If you or somebody in your family has been harmed in a serious car accident, contact an accomplished car accident lawyer at Jan Dils Attorneys at Law. Our expert administration is designed to ensure that the max amount of compensation is recovered.

We also handle cases including uninsured drivers, attempt at manslaughter mishaps, drunk drivers and auto accidents that outcome in wrongful death. We likewise know how to discover extra respondents, so that the points of confinement of the other driver’s protection scope won’t as a matter of course speak to the high end of what you can hope to recuperate.

For more info about our firm and how can represent you in a West Virginia auto crash case, contact the Jan Dils Attorneys at Law for a free counsel on your cases.

SSA Problems Won’t Stop Your Social Security Lawyers From Helping You

For many years, the Social Security Administration (SSA) has undergone many changes to better serve the American people. The most recent ones, which were enacted in 2011 and 2012, reduced the SSA’s workforce by almost 11,000 and its weekly field office hours by eight in an attempt to improve efficiency. Joe Davidson, writer of The Washington Post’s Federal Daily column, says that in the end, these changes only had mixed results:

Seeing that the SSA now has even fewer resources to meet the needs of millions, it shouldn’t be a surprise to learn that applying for Social Security benefits is a lot harder today than it was before. All the more reason, then, for people to look for reliable Social Security lawyers, like those from Jan Dils Attorney at Law, who can help present their SSA applications forward and win the benefits they deserve. After all, even with all the budget cuts, the SSA is still very strict when reviewing the documents that people send them as they apply for Social Security benefits.

SSA Problems Won’t Stop Your Social Security Lawyers From Helping You

SSA Disability Benefits—Disabilities Covered

When deciding whether or not an applicant for disability benefit is qualified, the Social Security Administration (SSA) considers many different factors. Their goal is to confirm that the applicant’s disability meets their criteria and the corresponding benefits are well-defined. Here are some of the major criteria for approving applications for social security disability benefits.

Substantial Gainful Work

Being unable to do your usual job due to your recent disability doesn’t immediately qualify you for social security disability benefits. The SSA will make sure that, apart from your usual job, your disability must have also prevented you from doing other jobs, which means there is no other way you can earn a living. That’s when the financial support is granted.

Duration of the Disability

Injuries from an accident can immediately render you incapable of working. Although, at that moment, you become qualified for social security disability benefits, the SSA still needs to know how long your disability will last. Only those disabilities that will last at least 12 months have corresponding benefits. The duration of the disability is normally based on your doctor’s written advice.

Jobs Under SSA Programs

Social Security disability benefits are given to citizens who have worked long enough. However, SSA programs only cover specific jobs. For you to be able to qualify for the benefits, your job must be covered by those programs.

Securing Your Social Security Disability Benefits

According to 42 USC 12102, the word “disability” refers to “a physical or mental impairment that substantially limits one or more major life activities of such individual.” While this could mean a wide range of impairments, it may only pertain to certain types and degrees when referring to social security disability. Only those that are specified in the definition given by the Social Security Administration (SSA) are deemed eligible for claims and benefits.

Social security disability benefits are given to U.S. citizens who have worked long enough and suddenly suffered a medical condition that prevented him or her from working any further. Their job, however, must be covered by Social Security and the medical condition must meet the agency’s definition of disability. The minimum number of years for someone to secure eligibility is ten.

SSA measures a person’s eligibility by the number of credits he or she has earned by the time the claim is filed. The credits are given based on the number of years the applicant has worked. However, even if he or she has 40-year credits, he can only receive the corresponding benefits when he reaches between 62 and 70.

Claiming for benefits is a convoluted process. Considering the applicant’s medical condition, which is the main reason for his or her application, it is quite daunting for him or her to do it alone. Fortunately, there’s a social security disability lawyer who can help. This professional can help an eligible applicant be granted with the right compensation.

The Disabled Fight for their Rights

In the United States, the unemployment rate for people with disability (PWD) is 17.8%, while the unemployment rate for the general population is 9.1%.  This basically means that employers are less willing to hire PWDs, or the PWDs refuse to work for fear of losing their benefits from the Federal Government. That’s why many PWDs decide to apply for Social Security Disability benefits.

Victim of the System

Though not a perfect system, Social Security does its best to provide deserving members disability benefits, but with much difficulty. Documentation and certification is needed (what bureaucrats like to call “necessary evils”). Then to add insult, more than half the applications are denied at the onset. (more…)

Appealing Denied Social Security Disability Claims

With the amount the Social Security Administration (SSA) deducts from your salary, you would expect the money to be accessible to you during the times you need it most. Unfortunately, this is not always the case. There are times when disability claims are denied.

In the event that your claim is denied, do not lose hope. You can always appeal the decision. In fact, experts understand that the best chance of being awarded compensation is during the appeals process.

Before you file the paperwork to appeal the decision, you may want to take the time to consult an experienced social security disability lawyer. He or she can help you fill up and pass any necessary paperwork. This should be done right away as you only have 60 days after the date on the denial notice to file an appeal.

If the initial appeal is still denied, your lawyer will secure a hearing with a judge. The judge will then ask you a series of questions that will help him or her determine whether you are entitled to compensation. Prior to the hearing, your lawyer will help you prepare for any questions the judge may ask you.

You have the right to fight for and be compensated for lost income due to a disability. If your application for disability benefits is denied, do not hesitate to seek help from a respected lawyer.

What to Say at Social Security Hearings

What should you say at a Social Security hearing? When you’re appealing a denial or insufficient benefits, you naturally would want to do everything to get what you believe is truly due to you. Here are some simple pointers to keep in mind when speaking with an Administrative Law Judge:

  • Honest and direct statements

Exaggerating your symptoms can make you lose credibility, while oversimplifying can result in insufficient benefits. For specific questions, answer truthfully, without volunteering any other information. For instance, the ALJ might ask if your spouse is receiving disability benefits. Answer with a succinct yes or no–you don’t have to mention other relatives that might be in the same program.

  • Detailed descriptions

Vague descriptions can hurt your chances of persuading the ALJ. If you’re describing pain, do it in detail, such as its severity on a scale of 1-10, duration, and frequency. If you want to describe your functional limitations, give concrete examples or even anecdotes to illustrate.

  • Specifics of past work or skills

Describe the requirements of your past work clearly, as well as any skills you’ve acquired over the years. This can help in determining how the disability affected your capacity to perform your job, and your suitability for other jobs.

It will also pay to get the help of an experienced Social Security attorney. The lawyer can help prepare you for such a hearing, and ensure your rights are protected at all times.