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Need Social Security Disability Benefits


Do You Qualify For Disability Benefits in El Paso?

If you need Social Security Disability Benefits, Contact Us For A Free Consultation to See if you Qualify.

Approved Social Security Disability Claim

You know you can’t work, but that alone won’t get you the Social Security disability benefits you need. To win disability benefits, you must fit within the definition of “disabled” under SSA’s guidelines. Our attorneys understand the ins and outs of the Social Security Administration’s (SSA) legal definition of “disability.”

That’s the hardest part: legally proving you’re “disabled.”

At The Jeff Diamond Law Firm, we serve the greater El Paso area and we’re happy to talk with you, free of charge, about your claim for disability benefits.

Get answers to common questions below by clicking on them, then contact us today for a free evaluation of your claim!

1. What are Social Security Disability Insurance Benefits?
Social Security Disability Insurance Benefits (SSDIB) are part of a federal program that acts as an insurance policy to protect workers who become too ill or injured to work any longer. Your eligibility depends on how long and how recently you paid social security taxes out of your paycheck and whether your injury or illness is severe enough to constitute a disability according to the Social Security Administration's rules. If you qualify, you will be entitled to an ongoing cash payment each month and perhaps a lump sum payment for past months since the sixth full month after the date your disability began.

In addition, some of your family members may be eligible for benefits based on your work: For example, your spouse may be eligible if he or she is 62 or older or if he or she is caring for your children under age 16 or disabled. Your unmarried children under age 18 (or under age 19 if still in high school) or those of your children age 18 or older who became disabled prior to age 22 might qualify as well.

2. How does the Social Security Administration determine if I am disabled?

If you believe you are too sick or injured to work, The Jeff Diamond Law Firm can help you file a claim for benefits with the Social Security Administration (SSA). The SSA evaluates every claim using the following 5-step analysis:

  1. Step 1 - Are you engaged in Substantial Gainful Activity? If working full-time or earning over a specific amount of gross income per month regardless of how much you work, you are automatically disqualified for benefits. If you are neither, the SSA then moves on to step 2.
  2. Step 2 - Do you have a severe impairment? This is usually an easy step to satisfy, as the SSA often finds that you have a severe impairment as long as a medical professional diagnoses it. If the SSA does not make such a finding, you are automatically disqualified. If it does, the SSA moves on to step 3.
  3. Step 3 - Does your impairment meet or equal a Listing? If your impairment, mental and/or physical, meets or equals very specific medical criteria for that particular diagnosis/illness/condition, you are found eligible at this step. This determination must be made by a medical professional. If your impairment does not meet or equal a Listing, the SSA then moves on to step 4.
  4. Step 4 - Does your impairment prevent you from performing your past relevant work? You must, to the best of your knowledge, provide the SSA with a list of all the jobs you held during the 15 years preceding the date your impairment began. The SSA will then evaluate your list to determine whether your impairment prevents you from performing any of your past relevant work. If not, you are disqualified. If so, the SSA then moves on to step 5.
  5. Step 5 - Does your impairment prevent you from performing any other type of work, even with the limitations and restrictions imposed by it? This step requires an evaluation by a qualified vocational expert to determine whether there are any jobs, other than your past jobs, that you can still perform despite your impairment(s). If the vocational expert so finds and the SSA adopts those findings, you are disqualified. If not, you are disabled and therefore eligible for benefits.
3. If I win my case, how much money will I receive?

If you are found eligible for Social Security Disability Insurance Benefits (SSDI), the amount you will receive each month is calculated based on your lifetime earnings, which differ for every individual. Please refer to your latest bi-annual statement from the Social Security Administration (SSA) to see how much (if any) SSDI you may receive. Also, if you have unmarried children under age 18 (or under age 19 if still in high school) that live in your home, you may receive additional money to help care for them.

If you are awarded Supplemental Security Income (SSI), you will receive a monthly payment of up to $ 674.00 per month for an individual or $ 1,011.00 per month for an eligible couple. This amount may be reduced, however, if you and your spouse have too much income or resources.

4. Can I get Social Security disability benefits if I’m still working?
Even if you're working, you may still qualify for Social Security Disability Insurance Benefits (SSDIB) and/or Supplemental Security Income (SSI). The Social Security Administration's regulations state that you are disqualified if you are engaged in "substantial gainful activity," i.e. working and earning more than $ 1,000 a month. However, if you are in a sheltered workshop, receiving subsidized employment which is not competitive in the labor market, working only part-time, earning less than $ 1,000 a month, or there are other special considerations in your work, you may still be eligible to apply for and receive SSDIB and/or SSI. The attorneys and staff at The Jeff Diamond Law Firm are trained to understand exactly what constitutes "substantial gainful activity" and how to analyze your work situation.
5. Why do I need an attorney to help me?

If you need Social Security Disability benefits, you should consider seeking professional expertise, like a lawyer, to help you apply or appeal if you have already been denied.

Why do we recommend obtaining legal counsel? An attorney with a law degree has training for complex legal matters, such as administrative law, the type of law used by Social Security.

6. How much does it cost me to hire an attorney for my disability case?
The Jeff Diamond Law Firms does not charge a fee unless we win your Social Security disability claim. Moreover, our fee is regulated by federal statute, and we charge 25% of your back benefits up to a maximum of $ 6,000.

We also charge for certain costs and expenses, and they include, but are not limited to, copying, long distance phone calls, cost of getting medical records, and faxing. In Texas, physicians are not allowed to charge for copying and sending their medical records.


Spirit of the West

Lawyers have been the real peacemakers of the West. We have always been in the small towns promoting mining and ranching and helping families make a new life. The Spirit of the West, commissioned by Jeff Diamond, is a mural by Mark Spore. It covers the entire east wall of the Jeff Diamond Law Firm headquarters as a gift to the public and the legal profession.

The Mural
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Albuquerque Office:
2920 Carlisle Blvd NE #119 Albuquerque, NM 87110
El Paso Office:
6090 Surety Drive, Ste. 320 El Paso, TX 79905
Additional offices: New Mexico -- Roswell, Carlsbad. Get the full list of office locations here