If you cannot work due to HIV or AIDS, you may be eligible for disability benefits. Like other disabilities, the evaluation will depend on whether your disability will last at least a year or end in death, and prevent you from engaging in substantial gainful work. Supplemental Security Income (SSI) is also available if your child has HIV or AIDS, depending on the same household income and resource limits for SSI claimants.
No, disability benefits will not be approved if the individual’s only disability is drug or alcohol addiction. However, if an individual has other independent impairments that render him/her disabled when combined with the drug or alcohol addiction, then benefits may be awarded for those medical conditions, although payees may be mandated.
Yes. In determining an individual’s disability, Social Security is actually required to consider how the combination of health problems affects the individual’s performance. It is not uncommon for a disability claimant to have multiple health issues and still be able to receive benefits.
Yes. In fact, we recommend that you do not wait until Worker’s Compensation benefits end before filing for SS disability, because individuals have been able to receive payments under both programs in many instances.
Yes, so long as gross earnings are below a specified amount. If you experience medical improvement, unlimited earnings are allowed for up to 9 months while disability benefits will still continue under a Trial Work Period.
Yes. You can receive disability benefits so long as you have been disabled or expect to be disabled for at least 1 year, so you should file for SS disability benefits even if you hope to eventually return to work.
Attorneys Fees
No fee for legal services will be charged in connection with your application for SSI or disability insurance benefits unless your claim is approved.
If your claim is approved, United Disability Lawyers Group will seek a fee of 25% of your retroactive benefits either under the streamlined fee agreement process which limits our fee to $ 6000 ($7200 beginning November 30, 2022) or through the longer process of filing a fee petition where there is no statutory maximum.
In cases where there are no (or a small amount) of retroactive Benefits, we may file a fee petition for a so-called minimum fee of $2000 to compensate us for the work performed on your claim.
The Social Security Administration will make direct payment to your attorney of the authorized fee directly from your retroactive benefits in most cases.
If for some reason the Social Security Administration fails to withhold our fee as required under the law, you will be responsible to pay us directly. In such a case we may also ask the Social Security Administration to pay us the attorney fees erroneously released to you.
Costs
Some of your medical providers may charge United Disability Lawyers Group for the cost of reproducing and forwarding your medical records. We will advance those costs on your behalf and bill you at the end of the case. Costs that are advanced must be repaid whether your claim is decided favorably or not. The amounts are usually incidental and if you need a payment arrangement we will be happy to comply.
You will be notified if there are any other advance costs associated with your claim, such as independent evaluations necessary to prove your disability. Those costs will also be your responsibility to repay whether or not your claim is approved. Again, we are happy to make payment arrangements if it is necessary.
If your case goes to federal court, we will also seek fees for our services before that court.
It is recommended that you hire a legal representative as early as you can in the claim process, in order to help prepare for the initial filing/appeals and to ensure that all important information is correctly provided.
No, a claimant can represent himself through the entire process. However, legal representation is strongly recommended. The application and appeals process can be complicated and overwhelming, and often involves precise legal definitions and inquiries that must be responded to appropriately. Additionally, claimants with experienced counsel win much more often than unrepresented claimants.
A large number of claims are denied due to a lack of proof in individual medical records that shows the degree and consistency of the disabling medical conditions. It is important to remember that only your doctor’s medical charts and records, and not the doctor himself, will be present when Social Security makes its determination. As such, medical records must be extensive and detailed enough to overcome any medical inquiries conducted by Social Security.
Unfortunately, doctors are often not trained to routinely record such extensive information, so medical records frequently lack credible documentation or a showing of regular medical treatment.