Legal Question in Social Security Law in California
23 yr old daughter denied ssi
My daughter has cvid (an immune deficency and granulomatouslymphocytic interstitial lung disease. Also colitis and many other problem because of her condition. Her condition is very complicated and the medications sometimes have positive effects and other times its really bad. She has not worked in almost a year. She can not hold a job because her health is so difficult. She can walk, drive, cook, bath herself. But many day she can't do much. Her has appealed the denial, but it is so hard for her to deal with all the paperwork. Stress is the worst thing for her. Not having finances and having poor health is just about all she can handle. what do you suggest?
thank you
1 Answer from Attorneys
Re: 23 yr old daughter denied ssi
Hello!
First, the denial does not mean that all is lost.
Second, there are many competent SS attorney practitioners. Any lawyer practicing in this arena takes the case on as a contingency, that is the Government allows the attorney fee to be up to 25% of the withheld benefits. So if, by example, your daughter is entitled to $800.00 per month and the disability began 12 months ago and it takes 12 months to get the process done and a favorable award, the "back monies" are 24 x $800. The attorney fee would be $4,800.00 out of your daughter's monies.
The process takes, these days, about 8-12 months at a minimum. Assuming earnings (paid in benefits) are reached, then it is amatter of establishing the disability. The disability needs to be severe enough that the Administrative Law Judge makes a finding that your daughter cannot be meaningfully or gainfully employed for 12 months or longer.
I hope this has been helpful.
Sincerely,
Mark Mitchell Geyer
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