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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17503
Experience:  B.A.; M.B.A.; J.D.
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I was involved in an accident almost two years and someone

Customer Question

I was involved in an accident almost two years and someone advised me to claim my disability benefits that I never applied for, so I was wondering if that is possible?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: That pretty much the situation
Submitted: 2 months ago.
Category: Legal
Expert:  Phillips Esq. replied 2 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 2 months ago.

Could you explain a little more?

What kind of disability benefits are you referring to? Federal? State? Work?

Are you still disabled now?

Thank you for your cooperation,

Customer: replied 2 months ago.
I'm really not sure what benefits I would have been entitled to, I was hospitalized for a couple of months, went through a couple surgeries, and could not walk for 3 months. I can walk now but can no longer stand for long periods of time without pain and I'm looking into this now because I'm having trouble securing employment and could use the benefits if I'm still eligible.
Expert:  Phillips Esq. replied 2 months ago.

Thank you for the information.

Unfortunately, you need to specify what benefits that you want to apply for.

So, are you saying that you are now unemployed because of your disability?

Customer: replied 2 months ago.
I believe its federal which I would apply for and yes my broken leg has not healed properly and the traumatic experience has caused mental issues such as memory and anxiety.
Expert:  Phillips Esq. replied 2 months ago.

Thank you for the information.

You can apply for Social Security disability benefits. You would be eligible for Social Security Disability benefits if you can show that you have worked long enough to earn benefits and that you are unable to work because of your disability and that your disability is expected to last for at least 12 months. Social Security Administration has a very strict definition of disability. If you have not worked long enough to qualify for benefits, you may be able to get Supplement Security Income (“SSI”). This is a program for people who are elderly or disabled who have very little or no assets and have not worked long enough to qualify for regular Social Security Disability benefits (“SSDI”).

Your ailment should be on the list of impairments. Click here to see the list:

https://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm

You can apply for benefits online or make appointment to go to your Social Security Administration local office. You are better off doing it online in the privacy of your home--you can take your time in completing the application and the disability report.

The process is a long one and it would require a lot of patience from you:

(1) Your initial application would most likely be denied;

(2) Then, you would be given opportunity to ask for review. New updated disability report should be completed as part of this request for review. You could be turned down by the reviewing officer on your second go at it;

(3) You would be given another opportunity to appeal, this time to the Administrative Law Judge ("ALJ"). This is where most people get approved for benefits. It could take up to a year for your case to be resolved.

You can get an Attorney to assist you once you have applied and have been turned down so that the Attorney can handle the requests for appeal for you or you can get an Attorney to assist you from the beginning. Attorneys cannot charge up front for helping you apply for disability benefits. Attorneys only get paid if you are approved for benefits and they get paid a percentage of your past due benefits. The fees that the Attorneys can charge are regulated by the Social Security Administration. You can also see if you can get assistance from legal services organizations in your area for free.

Click here to see how Attorneys get paid for disability claims:

https://www.ssa.gov/pubs/EN-05-10075.pdf

Click on the links below to find Attorneys that handle disability claims:

http://www.justia.com/

http://www.lawyers.com/

Click here to start the application process:

(A) The Steps:

https://www.ssa.gov/disabilityssi/apply.html

(B) Checklists:

https://www.ssa.gov/hlp/radr/10/ovw001-checklist.pdf

(C) Application:

https://secure.ssa.gov/iClaim/dib

Supplemental Security Income Information:

https://www.ssa.gov/disabilityssi/ssi.html

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