Hawaii Disability Lawyer | Chermol & Fishman, LLC

Living with a disability in Hawaii can be challenging, especially when it affects your ability to work and earn a living. The United States’ Social Security System offers benefits to those who are unable or no longer able to work due to a physical or mental health condition. Unfortunately, the claim process can be long or complex, but a dedicated Hawaii disability lawyer can help.

Disability benefits provide a crucial lifeline for those suffering from debilitating conditions, including illness and injury. Whether you or someone you know is suffering from a mental or physical disability, contact the team at Chermol & Fishman, LLC today and schedule your free lawyer consultation and secure your financial future.

How can a Hawaii Disability Lawyer Help with My Claim?

hawaii disability benefits

Hawaii disability attorney play a crucial role in helping individuals with disabilities navigate the often intricate and overwhelming application process. Here are some ways they can assist with your claim:

In-depth knowledge of disability law: disability attorneys in Hawaii have a comprehensive understanding of the state and federal disability laws, including those specific to the Social Security Administration (SSA). This knowledge allows them to guide you through the application process effectively.
Gathering strong medical evidence: to support your disability claim, you need solid medical evidence demonstrating the nature and severity of your disability. Disability lawyers can collaborate with medical professionals to gather the necessary documentation and ensure it aligns with SSA’s requirements.
Handling the disability case: an experienced benefits lawyer will meticulously review your case to identify any potential issues that may hinder your claim’s success. They will work diligently to address these concerns and present a compelling case on your behalf.
Representing you at hearings: If your initial claim is denied, your disability lawyer can represent you at Administrative Law Judge (ALJ) Hearings and court appeals, advocating for your rights and increasing your chances of a favorable outcome.

Whether you are just getting started on your application or are navigating the appeals process, a disability attorney in Hawaii can provide solid legal support. Their guidance can be beneficial at any stage of your case, helping you secure your right to benefits. Contact us now for a free evaluation and case consultation.

SSDI & SSI Benefits in Hawaii

SSDI and SSI are managed by the Social Security Administration (SSA). Both programs provide benefits to individuals who are unable to financially support themselves due to a disabling health condition. However, the programs are distinct and have different benefit eligibility criteria.

Social Security Disability benefits: SSDI is available for those with a disabling health condition that is expected to last at least 12 months. Moreover, only individuals who have paid into Social Security through payroll taxes and have earned sufficient work credits are eligible for benefits.

Supplemental Security Income: Unlike SSDI, Supplemental Security Income (SSI) beneficiaries do not need to meet a disability work requirement. Rather, SSI is available to those with a qualifying disability and limited financial resources.

Eligibility Criteria for Social Security Disability in Hawaii

To be eligible for disability benefits, applicants must have an SSA recognized disability and be unable to participate in substantial gainful activity. Having a health condition is not sufficient to receive benefits; the disability must be significant enough to impact one’s ability to financially support themselves.

If applying for SSDI, claimants will need to have earned sufficient work credits. A disability attorney in Hawaii can help you determine the number of work credits needed and if you have earned enough to qualify.

Those applying for Supplemental Security Income (SSI) must show that they have limited financial resources. Having proof of your financial situation and providing documentation of any income is essential to receiving these benefits.

What Types of Disabilities do Disability Lawyers Handle in Hawaii?

Hawaii disability lawyers are well-equipped to handle various types of disabilities, including but not limited to:

If you believe you have a qualifying condition and need assistance with your disability claim, contact Chermol & Fishman today.

How to Apply for Disability in Hawaii

Filing a complete and comprehensive disability application is critical to securing benefits. The claim process can be lengthy and complex for those unfamiliar with seeking disability payments. Applying for disability benefits in Hawaii follows a specific process. Your lawyer can provide you with a disability timeline and when you can expect a decision.

In general, those seeking social security benefits for a medical condition should:

Gather necessary documents: The first step is to start by collecting essential documents. Documents that show the onset date of the medical condition and the extent of their injury or illness such as medical documents, employment history, proof of income and resources, and other relevant paperwork supporting your disability claim, limited financial resources, and work history.
Complete the application: You can apply for disability benefits online through the Social Security Administration’s website or visiting a local SSA office. A disability lawyer can complete your application on your behalf, ensuring your application is accurate and thorough.
Medical evidence: As previously mentioned, strong medical evidence is critical for a successful claim. Seeking documentation form your healthcare provider can help to support your claim for benefits. It is critical to work closely with your healthcare providers and disability lawyer to ensure all necessary disability medical documentation is included with your application. Moreover, the SSA may request an independent medical evaluation to verify your claim.
Be patient: The disability claims process can be lengthy, and it may take time to receive a decision. Your Hawaii disability lawyer can keep you informed throughout the process and take appropriate action if there are any delays or denials. Moreover, legal experience can be essential to avoiding common errors that can extend the claim process.

What Happens if My Disability Claim is Denied in Hawaii?

If your claim is denied in Hawaii you can appeal the decision, reapply for benefits, or apply for different Social Security benefits. Your attorney will need to determine the reason for the denial to determine next steps in the appeal process.

A person can reapply for SSDI or SSI benefits at any time as long as they do not have another open claim. Reapplication can be a good option for those who have missed the disability appeals deadline or if their health condition has worsened.

After a claim has been denied, you have just 60 days to appeal the decision. The appeals process has several layers including:

Reconsideration: You can request the SSA to reconsider your application for benefits.
Hearing by Administrative Law Judge (ALJ): If the SSA denies your claim again, you can appeal the decision to an ALJ.
Appeals Council review: If the ALJ affirms the SSA’s decision, you can appeal to the SSA’s Appeals Council.
Federal court appeals: If you’ve exhausted all administrative appeals, you can take your case to federal court for review. Legal help can be vital during federal court review.

Legal guidance during your disability review is critical. A Hawaii advocate provides vital case management and disability representation. Whether it is evidence gathering, filing an appeal, or representation during a disability hearing, your lawyer can help to secure your disability rights.

Need Legal Help? Contact a Hawaii Disability Attorney!

If you are considering applying for disability benefits in Hawaii, seeking legal assistance from a qualified attorney is highly recommended. Hawaii disability lawyers possess extensive knowledge of disability law and can assist with gathering strong medical evidence, disability claim preparation, handling any disputes, and representing you at hearings, if necessary.

If you need assistance with your disability claim, don’t hesitate to seek help from professionals experienced in disability law and Social Security Administration procedures. At Chermol & Fishman, LLC, our legal team is dedicated to providing our clients with the claim support they need during the disability application process. Contact us today at 888-774-7243 for a free case evaluation.