Frequently Asked Questions
Giles Has the answers you’re looking for
How much does a disability attorney cost?
When seeking legal representation for a disability case, many people worry about the cost of hiring a disability lawyer. However, at Wayne Giles Disability Law, we work on a contingency fee basis, which means you won’t have to pay anything unless Wayne wins your case and secures your due benefits.
This contingency arrangement allows our clients to focus on their health and well-being, without the added stress of upfront legal fees. Our experienced disability lawyer is dedicated to fighting for the rights of our clients and ensuring they receive the support they deserve.
When you file a case with Giles Disability Law, you will pay nothing unless we win your case.
The cost of a disability attorney depends on several factors, including the severity of your disability and the length of time it takes to settle your case.
Do I qualify for social disability?
Social Security Disability Insurance (SSDI) is a federal program designed to provide financial assistance to individuals who are unable to work due to a disabling medical condition. To qualify for SSDI, several key factors are taken into account.
Medical Qualifications
The bedrock of SSDI eligibility centers on your medical condition. The Social Security Administration (SSA) maintains a ‘Blue Book’ that lists the medical criteria necessary for a condition to qualify as a disability. It’s essential to not only have a condition listed but to also provide thorough medical documentation that outlines the severity and expected duration of your illness.
Applicants must prove that their medical condition significantly impacts their ability to perform any kind of work. This means the condition must prevent them from doing their previous work or adjusting to other forms of employment. Each condition’s assessment considers the individual’s residual functional capacity (RFC), which looks at the exertional and non-exertional limitations imposed by the disability.
To qualify for disability benefits, you must have a medical condition that meets the SSA’s definition of disability.
Work Credits
In addition to meeting the medical criteria, you must have worked long enough and recently enough under Social Security to qualify for benefits. Work credits are calculated based on your annual wages or self-employment income. To obtain work credits, you must work in jobs covered by Social Security and earn a certain number of credits, which can vary depending on your age.
Substantial Gainful Activity
Even if you have a severe, long-term medical condition and enough work credits, you may not qualify for disability benefits if you’re still capable of performing “substantial gainful activity” (SGA). SGA is defined as earning an amount that exceeds a certain threshold set by the SSA.
What if I am denied disability benefits?
There are many reasons why cases get denied on the first submission, but we find that usually cases are denied because Social Security needs more detailed information from you regarding your medical and work history.
If you are denied your disability claim, we always advise individuals to immediately appeal their claim within the 60-day deadline. However, if you have been denied and the 60 days has past, we can still help you file a disability claim, but in some cases you will have to start the application process over.
It is our experience that appealing your disability case will give you the best chance at winning over submitting a new disability claim.
Can I work during the Social Security Disability application process?
Disability benefits from Social Security are based on your inability to work due to a disability. If you are able to work and earn above Substantial Gainful Activity levels, you will not qualify for disability benefits. Even if you are not making SGA amounts, Social Security will look at how much you work when determining whether you qualify for disability benefits. The best way to determine if you qualify for disability benefits is to consult with a disability attorney.
The process of applying for and receiving disability benefits from the SSA is long and complicated. You may not be sure if you are even eligible for benefits, or what evidence to provide to support your claim.
If you’re disabled, it can be hard to know whether or not you qualify for disability benefits from the Social Security Administration. The SSA uses a complex definition of disability, and the evaluation process can be lengthy and frustrating. However, it is important to remember that you are not alone in this process. There are many resources available to help you understand the eligibility requirements and navigate the application process. Additionally, there are programs in place to help you return to work if your condition improves. If you think you may be eligible for disability benefits, it is worth taking the time to explore your options.
How long will it take to process my disability claim?
Filing for disability can be a long and frustrating process, especially if you don’t know what to expect.
We want to make sure you get the benefits you deserve as quickly as possible. In most cases, we can get your case moving within days of contacting us. And we always work hard to get a decision for you as soon as we can.
Giles Disability Law is here to help. We are experienced in helping people through the Social Security Disability application process, and we will work hard to make sure your case is handled as quickly as possible.
Once your Social Security Disability application has been submitted, it is our experience that it can take anywhere from three to five months to receive a decision. The exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision.
Will my children get disability benefits?
The simple answer is, yes! There are certain members of your family that may also receive disability benefits. There are many people who are eligible for disability benefits, and your family is likely one of them.
Millions of families are in the same situation as you and experiences attorneys have helped them find ways to get the support they need.
You may be wondering what your life would be like if you can no longer work. How would you support yourself and your loved ones? Disability benefits can provide the stability and security you need during this difficult time.
What's the difference between SSI and SSDI?
There are two main types of disability benefits: Social Security Disability Insurance (SSDI), and Supplemental Security Income (SSI). The major difference between the two is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits.
In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid. However, both programs provide much-needed financial assistance to disabled individuals and their families.
Many people are unsure of the differences between SSI and SSDI, or whether they even qualify. That’s why we’re here – to help you understand your options and guide you through the process.
You may be eligible for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). Giles Disability Law can help you determine which program is best for you. We have years of experience helping people get the benefits they deserve.
With our help, you could be receiving monetary compensation from the government in no time.
Learn more about Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).
How to apply for disability in Utah?
1. Gather Necessary Documentation
Before starting your application, gather all the necessary documentation, including:
Medical records detailing your condition and treatment history
Work history, including job titles, responsibilities, and dates of employment
Financial information, such as income and asset statements
2. Complete the Application
You can complete the Social Security Disability application online or schedule an appointment at your local Social Security office. Be sure to provide detailed and accurate information about your medical condition and how it affects your ability to work.
3. Attend Medical Examinations
As part of the application process, you may be required to attend medical examinations or tests. These exams help the Social Security Administration (SSA) evaluate the severity of your condition and its impact on your ability to work.
4. Await a Decision
After submitting your application, the SSA typically takes 3-5 months to make a decision. During this time, be prepared to provide additional information if requested.
5. Understand the Outcome
If your application is approved, you will receive disability benefits. If it is denied, you have the right to appeal the decision.
Get The Benefits You Deserve
You’re not alone! At Giles Disability Law, we understand that the process of applying for disability can be complex and time-consuming. That’s why Wayne Giles is here to help. With over 30 years of experience fighting for people’s rights, he has the expertise necessary to make sure you get the benefits you deserve.
