If you are considering seeking Social Security Disability payments, and you have already tried to apply on your own but you were denied, you might be thinking about hiring a Social Security attorney. While this is a smart move because the Social Security office will consistently refuse disability claims, you should also know that you could be refused even with a lawyer if you do not follow certain restrictions and protocols. Most disability lawyers who work in this field of law will tell you (or ask you) to follow all of the restrictions listed below in order to win your disability case.
The Lawyer Will Not Take Your Case IF You Have Been Working at All in the Last Three Months
Disability is clearly defined as an inability to work. It does not matter if you have been working for cash under the table, or you only work four hours a week at a restaurant or retail location. The government still considers that "employment," which is why your case would have been denied anyway. You cannot be working at all for at least three months before a disability lawyer will even take your case. If you have not been working for six months or more, that is even better as it proves that you have a disabling condition that prevents you from working.
You Have to Have at Least Six Month's Medical Bills, Documents, and Treatments
A disabling condition that is too new (i.e., you were just diagnosed a week ago or a month ago) will not have the substantial medical evidence behind it to support your claim. Disability lawyers want to see six months' worth of doctor's visits, medication lists and medication changes, treatments you had, specialists you saw, etc. Otherwise, there is not enough documentation to support your disability claim.
The only time people can claim disability benefits with significantly less medical documentation is when they have a pre-existing condition or a condition that has developed suddenly. Examples would be blindness from detached retinas, and/or cancer, which would make it impossible to gather six months of documentation because the claimant might be dead in that time. If you have a disabling and potentially fatal condition such as cancer, your lawyer will take your case and immediately begin rapid defense proceedings to get you Medicare and cash benefits as soon as possible. If you survive this condition, you may continue receiving benefits until your next eligibility hearing a year after your benefits start.