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South Dakota Social Security Disability Lawyers

Suzan Boden avatar
Attorney Suzan Boden is a graduate of Iowa State University (B.S. 1977), Mercy Hospital School of Medical Technology (1977), and the University of South Dakota ...
David J King avatar
David was born into humble circumstances. His parents, who have been married for over 65 years, had 6 children. David put himself through college and law scho...

The probability of being approved for Social Security disability (SSDI) and Supplemental Security Income (SSI) compensation is higher for SSDI applicants who hire an attorney specializing in SSDI. We discuss in this article the factors to consider when deciding if you need a lawyer.

What is a Social Security Disability Lawyer?

Social Security Disability attorneys are aware of the devastating impact a denied claim can have on an individual and their family, especially if those benefits are their only source of income. Social Security disability benefits are often denied initially. Although denials indicate that the application for benefits has been turned down, they do not necessarily indicate ineligibility.

Applicants who have been rejected often give up on their claim rather than going through an intimidating appeal process. In addition to their experience with the application and appeals processes, SSDI lawyers near me who specialize in social security laws have the resources necessary to recover benefits through mediation, settlements, and, if necessary, a discrimination lawsuit.

What Does a South Dakota Social Security Disability Attorney Do?

A lawyer for Social Security Disability in South Dakota can greatly improve your chances of approval when you hire one for your case. Statistics show that those who are represented by labor law attorneys have a greater chance of getting benefits approved, even though some people who apply for benefits on their own get approved.

From the initial application to the hearing and beyond, disability attorneys know how to present a case. You can get legal advice from an attorney to determine whether your condition is listed in the "blue book" impairment categories of Social Security, as well as help convince Social Security that you have a qualifying disability.

After your disability attorney determines that you have a case, he will prepare a detailed brief explaining your case and setting forth the amount of back pay and damages you may be owed. He will also gather and submit the relevant medical evidence along with your doctor’s opinion. An Administrative Law Judge (ALJ) will hear your case and make a ruling. At your hearing, the ALJ may ask you questions and may also listen to testimony from a Vocational Expert or Medical Expert regarding your inability to work.

If the ALJ denies your claim, your attorney can make complex legal arguments to show that you were wrongly denied benefits to the Appeals Court.

When to Hire a Social Security Disability Lawyer in South Dakota?

Applying for disability benefits as soon as possible is generally a good idea. The right lawyer can assist you with your initial application and evaluate whether your case is strong. Your chances of getting approved are higher if you have legal counsel on your side. Consider contacting a disability lawyer for a free consultation if you're considering applying for disability benefits.

Using an attorney is also a good idea if your application has been denied. In some cases, a disability attorney can help speed the process up if you are in a dire financial situation (for example, if your home is in foreclosure). Furthermore, your attorney can request that the judge make an "on-the-record" (OTR) decision, which means you could receive benefits without having to appear before a judge.

Many of the attempts made by lawyers to expedite cases fail, and the clients represented by legal staff have to wait months or years for their cases to be resolved. Social security disability agreements are complicated, so it’s important to have a qualified and experienced disability lawyer assisting you.

How to Find a Lawyer for Social Security Disability?

Locating the best Social Security Disability lawyer in South Dakota is possible in a number of ways. The state bar association and the city legal aid clinic can refer you for interviews, or you can find labor lawyers online by reading reviews.

It's best to get a list of Social Security disability lawyers from people you know who have had good experiences with them or through social media. Be sure to ask questions before you hire someone.

How Do I Choose a Social Security Disability Attorney in South Dakota?

Finding Social Security Disability attorneys near you to handle your disability case can be accomplished in several ways, including:

Get In Touch With Your Local Bar Association

Both lawyers and people seeking legal assistance can benefit from the support and services that bar associations offer. On the Bar Association website, you can search for lawyers based on their practice areas such as wage law, labor law, personal injury law, wrongful termination law, and discrimination law.

Ask Others Who Have Dealt With Disabilities

In rehabilitation centers, hospitals, and other places, disabled individuals often participate with other disabled people. Employers, employers' training programs, and living arrangements provide ways to interact with disabled people who could refer you to a disability attorney with whom they have had success.

Consult Your Family and Friends

If a family member or friend recommends a lawyer, you may feel more comfortable with them. It is possible that someone close to you has experience with disability lawyers.

Consult Your Attorney

You may be able to receive a recommendation from a lawyer you already know (for example, a lawyer you have used for other legal matters) to another lawyer who specializes in Social Security disability law.

Search the Internet

Those who are having trouble finding a legal professional should try looking online. Find a lawyer's law firm rating and read reviews. Additionally, you can check whether the lawyer has been successful in litigation similar to yours.

How Much Does the Social Security Disability Lawyer Average Cost South Dakota?

Disability attorneys near you can assist you with your Social Security claim, but you should first understand the costs and benefits. Federal law regulates the amount that disability attorneys charge as 25% of the benefits you receive or $6,000, whichever is less.

Do Social Security Disability Attorneys Usually Charge for Consultations?

Unless you receive back pay benefits, your attorney will not be compensated. It is, however, permissible for the lawyer to ask the SSA for payment in such cases. You will usually not have to pay any upfront fees to your Social Security Disability lawyer.

Frequently Asked Questions

What Are The Criteria For Determining If A Person Is Disabled?

Employees who are unable to perform their jobs according to employment contracts. You are eligible for benefits if, as a result of a physical or mental condition, you are unable to perform the duties of your workplace that you are suitable for (considering your age, education, and experience). This is the deciding factor.

What Is The Procedure For Applying For Social Security Disability Benefits?

Those who are ill or injured and can no longer work should follow these steps to apply for disability benefits:

  1. Consult a doctor as soon as possible and document your medical condition.
  2. Apply for Social Security at the Social Security office. Filing a claim involves many factors. During the past 12 consecutive months, you must not have been able to work due to your disability. This year can already be finished or still be ongoing. It is possible to file by phone, mail, or by visiting a local government office.
  3. The Disability Determination Services (DDS) will review your application and determine your eligibility based on your medical information and application. If they need more medical information, they may request an examination by medical experts.
  4. When DDS makes a decision, you will be notified in writing and provided with an explanation of the decision.
What Other Benefits Am I Eligible For?

There may be other disability benefits available to you besides SSD. You might also qualify for long-term or service-connected disability benefits from VA. Knowing what other options you may have if your SSD application is denied can help you get the full support you deserve. As well as explaining these benefits in detail, an experienced Social Security Disability attorney in your area may also be able to assist you in applying for other benefits.