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Social Security Disability
Hire our Social Security Disability Attorney in Missoula, MT for Unmatched Representation.
Thinking about hiring an out-of-state lawyer? They probably won’t be as available or dependable as Rasmusson Law Offices, PLLC. We began serving the Missoula, MT community in 1992, so you can expect us to give you the personalized legal services you need.
Most attorneys quit the first time they don’t get a favorable result from an Administrative Law Judge, or they’ll tell you to abandon your case and refile your claim at a later date. Either scenario could result in the loss of months or years of retroactive benefits that could be used to restore your finances and help your family.
If we don’t achieve a favorable decision at the first hearing, we’ll guide you through an appeal to the Appeals Council for the Social Security Administration. If this doesn’t achieve the desired result, we are the one of the few firms based in Western Montana that is taking cases into U.S. District Court and/or the Ninth Circuit Court of Appeals and winning. It takes time to do it this way, but it’s the best way. Call our office today for a free consultation.
Social Security Disability Benefits Requirements
Generally, Social Security defines disability as the inability to engage in substantial gainful activity due to a medically diagnosed physical or mental impairment(s) that is expected to result in death or last for a continuous period of at least 12 months.
Prior to awarding you SSDI benefits, Social Security will take a look at multiple different aspects of your life.
1) Work Activity. If you are engaging in substantial gainful activity (SGA), you will not be considered disabled regardless of your medical condition(s). Social Security sets the SGA amounts each year which are accessible on their website: https://www.ssa.gov/oact/cola/sga.html
2) Severity of Impairments. Your impairment(s) must significantly limit your ability to perform basic work activities such as walking, sitting, lifting, retaining information, etc.
3) Past Relevant Work. Social Security will take a look at what jobs you have previously done for the last five (5) years and evaluate whether or not you would be able to perform this work in light of your impairment(s).
4) Other Employment Options. If Social Security determines that you are unable to return to your past work, they will then assess what, if any, other job options you may have in the national economy taking into consideration your impairment(s), age, education, and work experience.
The Social Security Claims Process – Step by Step
When applying for Social Security Disability benefits you can go online here to learn more and file your initial application. If you would prefer, you can also visit your local Social Security office for assistance. Quite frankly, it is unnecessary to retain an attorney or representative in your Social Security claim until further down the line if and when your application for benefits is denied.
If your claim is denied, file a Request for Reconsideration. The filing process should be explained in your denial letter. Please keep in mind that you have sixty (60) days from the date you receive your denial letter to file an appeal.
If your Request for Reconsideration is denied, file a Request for Hearing by Administrative Law Judge, the process for which should be explained in your denial letter. It is important that you file your documents promptly, so you do not miss the sixty 60-day appeal deadline. It can be months before a hearing is scheduled and even longer until the hearing is conducted. It is important that you be patient in this process.
At this point it is beneficial for you to retain an attorney to represent you in your claim. Approximately 45-60 days after your appeal is submitted, Social Security will notify you that your electronic file is ready for review. At that time, request a CD-ROM of your claim file so that we can review it and provide you with free consultation.
Should your claim still be denied at the Appeals Council level, the next option is the Appeal to the United States District Court, District of Montana.
Social Security Overpayments
The Social Security Administration has the ability to claim an overpayment of your benefits if they find that you were paid more money than you were owed. If this happens, there are multiple steps you can take to resolve the problem.
1) If you do not agree that you have been overpaid, or that the overpayment amount is incorrect, file a Request for Reconsideration as soon as possible (SSA-561).
2) If you agree that you have been overpaid, but feel that you should not have to pay it back because you did not cause the overpayment and cannot afford to repay it, file a Request for Waiver of Overpayment Recovery (SSA-632).
3) If you agree that you have been overpaid and are willing to pay it back but cannot afford to pay it back at the rate provided in the letter you received from Social Security, file a Request for Change in Overpayment Recovery Rate (SSA-634).
For further information, please contact your local Social Security office or visit the Social Security Administration’s website.
Typically, we do not handle Social Security Overpayment claims but at Rasmusson Law Offices, PLLC we have provided you with the information needed to obtain a favorable outcome to help you get the results you deserve and maximize your settlement despite governmental rules and regulations.