Disability Law: Frequently Asked Questions

1. Q. What is disability law?

A. Disability law covers the statutes regarding disability as well as individuals who are disabled. It protects and serves as a guide for those who are seeking compensation or who have been accused of wrongdoing related to disability.

2. Q. How do I know whether I’m eligible for disability benefits or not?

A. There are many individuals who are legally eligible for disability benefits that have been turned down for them. For this reason, you should speak to an attorney to determine whether you’re eligible. Typically, these benefits are for anyone who is physically or emotionally disabled to the point where they could not hold a regular job.

3. Q. What should I do if I’ve been turned down for disability benefits?

A. As stated above, many individuals who are legally eligible have been turned down – and in some cases, more than once. Research shows that those who have legal representation are turned down less often than those who do not. Contact a lawyer to determine what actions to take next.

If you are having a problem with disability coverage, consult with a Disability Lawyer near you for help.

4. Q. Who is entitled to social security disability benefits?

A. Those that have been found physically or emotionally disabled to the point that they cannot hold a regular job. Also, the children or dependants under the age of 18 which belong to the disabled individual are also eligible for benefits.

5. Q. Can someone work and receive social security benefits at the same time?

A. In some cases, yes. However, the work will be greatly reduced from what a person without a disability would be able to work.

6. Q. How much money can a disabled person expect to receive per month as part of their disability benefits?

A. It depends on the person and the situation. However, the most a person can receive currently is just under $2200. This may not mean that you will get this amount. There are several factors which go into determining the amount of money that you will receive each month.

7. Q. Can I receive disability benefits if I have never worked before?

A. Generally, you cannot receive disability benefits if you have never held a job or paid into federal taxes. However, there are programs to help you if you are disabled and have never held a job, such as SSI.

8. Q. What is the process for determining whether someone is approved for disability benefits or not?

A. There are several factors that will be looked at, including whether or not you’re working now and what you’re doing, whether you’re able to perform the work you have done for the majority of your life, whether the condition is expected to last more than a year or will result in death within that year and whether you can perform duties that are readily available on the job market.

9. Q. If I have been approved for disability benefits, will I receive ‘back pay?’

A. You may receive back pay which will cover the time which has passed since you first applied. However, this amount of time may not exceed 12 months.

10. Q. Should I hire a disability attorney?

A. It is a good idea to at least seek a free consultation with a disability attorney. If you have been turned down for disability, but you know you have a legal and valid claim, you should consider hiring a disability alawyer to protect your rights and fight for you.

This article is provided for information purposes only. If you need legal assistance with a disability cclaim, consult with a Disability Lawyer near you for a free case review.

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