Q:. I have seizures occasionally. Can I get disability benefits?
A: Not all applications for Social Security disability involving seizures are approved. The two factors that determine whether you qualify are how often the seizures occur, and if you are following the prescribed medication and treatment recommended by your doctor. Seizures that are categorized as major motor seizures must happen once a month or more and must occur during the day. Applicants with minor motor seizures must experience them at least once a week to qualify for benefits. You must prove that you have been following the prescribed medication and therapies recommended by your doctor. If records indicate that you have not been taking prescribed medication, you will be denied benefits. You will need to provide a copy of your EEG and copies of your medical records. A social security lawyer may be helpful in determining if your specific situation meets the guidelines of the Social Security Administration.
Q: Why is the application process for claims so long?
A: Unlike applications for other federal programs, the Social Security office has no required timeline for processing applications for disability. Assuming all the required information was provided, it takes most applications 3 or 4 months to be processed. That means that within 3 or 4 months, you should be notified via letter whether or not your application was approved. There are many steps to processing your application. The disability examiner for your case must first request medical records. Waiting for requested medical records is what causes most application delays. The disability examiner will provide a write up summarizing your medical records, then give the file to a medical specialist to review. The file will be given back to the examiner after the medical specialist provides his expert opinion. After that, a final decision about your case is rendered and you will be given written notification of the status (approved or denied) of your case. If your case is denied, you can first apply for reconsideration. In that case, your application will go through the same process with a different disability examiner and medical consultant. Consulting with a social security lawyer would be helpful, if your case was still not approved after reconsideration. Your next step would be to appeal your case. You may have to appear in court to defend your case.
Q: Will hiring you make my case be processed more quickly?
A: Applying for disability with the Social Security Administration can be an arduous process. A fair number of applications for benefits are filed incorrectly or incompletely, which results in significant delays and the need to re apply. A social security lawyer can help you navigate the process and assure that you have provided all the necessary components for your application. This will allow you to file your claim correctly and more quickly than if you had to do it all on your own. Over half of the application submitted are not approved. In some of those instances, having an advocate like a social security lawyer may have increased the likelihood of approval. An attorney is usually recommended if your application is denied and you plan to appeal or have your case reconsidered.