You might think that the Social Security Disability claims process simply involves filling out paperwork – lots and lots of paperwork, waiting for it to move through the system, and collecting your check. We’ve come to expect that dealing with a governmental agency is a tedious process, but we tend to believe that eventually we’ll receive the Disability benefitswe deserve as tax-paying citizens. While we recognize that governmental agencies are not as efficient as we’d like to be, we don’t typically look at them as adversaries. Unfortunately, when a Social Security Disability claim is denied, we find ourselves in an adversarial position, fighting for the benefits we rightfully deserve. Every Disability case has its own set of unique facts, so proving a particular case to a judge can involve overcoming specific difficulties that as a whole create an overwhelming burden. More than ever, this is when an experienced Social Security Disability attorney is necessary for success.
A “Less than Perfect” Disability Case
Take for example a pending case being handled by a disability lawyer at Silver & Silver. A 48 year old clerk was injured resulting in significant back pain, knee pain, depression and anxiety. Because she was forced to leave her employment due to her injuries and began collecting unemployment benefits, she did not immediately qualify for Medicaid. As a result, her lack of medical insurance has limited her ability to seek treatment for her physical injuries and mental issues. In order to avoid losing her apartment, she answers phones one night week at her complex for a rent credit. In addition, she sought and obtained full-time employment several times since her injuries, but these periods of employment have never lasted for more than a week because the back pain was too much for her to bear. Also, herback pain requires that she alternates between sitting and standing throughout a full-time work shift, as well as mandates that she lies down during the work day. Her back painleaves her unable to work a full 8-hour day.
Currently, our client is working a part-time “light duty” position at convenience store. This position, along with her duties at her apartment complex and her previous attempts to work, demonstrate the importance of a good work record, in that she is obviously not seeking to “milk the system”. This position may appear, however, to open the door to the possibility of full-time “light duty” employment which would impact her right to Disability benefits. Also, there is the question of whether a “sit/stand” option at work would allow our client to take a full-time position. In support for her claim for Disability benefits, our client maintains that her pain remains constant no matter what she does, and frequent breaks and absences from work are unavoidable. Moreover, while her lack of insurance has prevented our client from pursuing consistent treatment, she has had multiple emergency room visits for pain.
Call the Philadelphia Social Security Disability Lawyers at Silver & Silver to Advocate for You
This case demonstrates just how complex a Disability claim can be. Each case is different so presenting a successful claim requires an understanding of the numerous considerations a court will address. The Social Security Disability lawyers at Silver & Silver are extremely experienced in handling the “hard” cases where the facts may not be as clear-cut as we would like and don’t fit neatly into a “formula” for success. With offices in Ardmore, Pennsylvania, we are conveniently located to meet with disabled individuals residing throughout the Philadelphia area and its surrounding suburbs of Delaware County, Montgomery County, Bucks County, Norristown and Media, Pennsylvania, as well as the South Jersey communities of Camden, Burlington, Cherry Hill, Voorhees, Haddonfield, Moorestown, Mt. Laurel, Gloucester, Atlantic County and others. Call us for a free consultation at 1-800-94-SILVER or contact us online.