Abingdon, VA Disability Lawyer
Should I Hire a Disability Lawyer in Abingdon, VA?
For many individuals, being unable to work because of a physical or mental impairment is extremely challenging. However, it could also be financially devastating without Social Security Disability Insurance (“SSD”) benefits. Unfortunately, an overwhelming majority (over 70%) of initial applications are denied, often for minor application errors or omissions. Consequently, many individuals with qualifying disabilities are denied much-needed SSD benefits, placing them in financial peril and in need of an Abingdon, VA Disability Lawyer.
For those unfamiliar with the application process, it is easy to make mistakes when completing SSD paperwork. While no attorney can guarantee the Social Security Administration (“SSA”) will not have additional questions or require supplementary documentation, at The Law Offices of Mark T. Hurt, we can assist by helping to ensure that application mistakes are not made, thereby increasing the chances of having benefits approved.
Additionally, if your application was denied, we can timely appeal a claim so that much-needed disability payments are not lost. In most cases, a person will only have sixty days to appeal an adverse determination. Therefore, it is critical to call our office to schedule a free consultation as soon as possible! (If you have missed this time period, we nonetheless urge you to call our office to see if an exception to this time period may exist.)
Call Our Office for a Free Consultation to Learn How We Can Help You in Seeking Social Security Disability Benefits!
Is It Expensive to Hire an Abingdon Disability Lawyer?
Under federal law, fees for social security disability lawyers are typically capped at 25% of the backpay amount or $9,200, whichever is less. This means that regardless of the amount of time required to process or appeal a claim, if we successfully secure benefits on your behalf, you will not need to be concerned about a high hourly fee.
Further, we are usually paid directly by the SSA for our fee on the backpay; in these cases you won’t need to calculate our fee or to make a payment to us.
We do not receive any fee for future payments. After a backpay award is made, you are entitled to keep 100% of all future social security payments.
Who Pays For SSD Benefits?
Employers and workers pay for the SSD program as part of their Social Security taxes. For example, workers and employers typically each pay a tax that is approximately 6.2 percent of the employee’s earnings (up to a certain annual cap). Because the program is funded based on taxed earnings, qualification for SSD is tracked with a work credit system.
Each year, workers can earn up to four credits. To qualify for SSD, a person generally needs 40 work credits, twenty of which must have been earned in the ten years before the disability year. Certain exceptions apply to individuals who are disabled at a younger age. For example, a twenty-five-year-old worker may qualify with fewer credits due to having an abbreviated work history.
Do I Have to Hire An Experienced Virginia Disability Lawyer to Apply For SSD Benefits?
No, but hiring an experienced disability attorney can have a significant impact on when and if benefits will be secured. The SSA attempts to make applying for disability benefits online and in-person an easy process; however, the reality is that over 70% of initial applications are denied, even when applicants have qualifying disabilities.
The reason for the high denial rate is that the application process can be somewhat complex, and there is no room for error. If the exact requirements are not met, the SSA must reject an application, even if only a small error has been made.
When small application errors are made, typically there is no opportunity to correct such errors. Instead, an individual must go through the appeals process, leading to much more time and delay (and, ultimately, higher legal fees if an attorney is retained in the appeals process).
On the other hand, individuals represented by an experienced Virginia disability lawyer on average have a 300% greater chance of securing benefits in the initial application stage. Consequently, while it is possible to apply for SSD without an attorney, it is not advisable.
If you are interested in securing SSD benefits, we invite you to call our firm to schedule a free consultation with the Abingdon, VA disability lawyers at The Law Offices of Mark T. Hurt. We can evaluate your claim to identify any issues that may negatively impact a benefit determination.
Can I Appeal A Social Security Disability SSD Denial?
If benefits are denied, an applicant has sixty days to appeal the determination; however, going through the appeal process alone can be challenging. Therefore, if your claim is denied, it is advisable to retain an attorney as soon as possible. Even if this period has expired, we urge you nonetheless to contact us immediately so that we can determine if you may have a valid excuse for not timely appealing.
At The Law Offices of Mark T. Hurt, we can gather medical evidence, communicate with healthcare professionals, fill out forms, and prepare you for questions that may be asked at an Administrative Law Judge hearing. As an experienced Abingdon disability attorney, Mark Hurt will use his decades of legal experience to help move your case forward as quickly as possible in seeking to obtain for you the benefits that you deserve.
