The Social Security Administration (SSA) has a program that provides benefits for people with medically verifiable mental or physical disabilities. Although the programs offer financial support, applying for Social Security benefits could be complicated. Likewise, if the SSA denies your claim because of an error on your application, you must reapply. These complications may further delay your needed payments.
Working with a skilled Social Security lawyer to file your initial application or contest a denial of benefits could ensure you receive the payments you are entitled to as quickly as possible. Contact a dedicated attorney today to learn more about receiving social security benefits.
Under the Social Security program, disability benefits are available to anyone who suffers from a disease or condition that appears on the SSA’s List of Impairments. Conditions included on the list are medical disorders that are either permanent or expected to result in death. Although conditions appear on the list that may not be permanent or fatal, the list provides an expected duration during which a person could qualify for benefits.
An applicant must present medical documentation proving they have a qualifying disabling condition. In addition to proving their medical condition, to be eligible for disability benefits an applicant must establish that they:
When adults apply for benefits, the SSA evaluates whether the condition prevents them from engaging in gainful employment for an extended timeframe. However, when a child applies for benefits, the evaluation considers whether their disability significantly limits their physical, intellectual, or emotional function.
A knowledgeable attorney could help a disabled person compile the documentation that the SSA will require to award them benefits and could ensure they have the proper information to maximize their benefit amount.
Social Security disability is administered through two programs: one for individuals who have been a part of the workforce and one for people from low-income households. The requirements and application process differ depending on the program.
A person seeking Supplement Security Income (SSI) payments must be disabled and live in a low-income household. However, they are not required to have worked in the past. Disabled children often qualify for SSI benefits, depending on their household’s income.
Social Security Disability (SSD) payments are also available to people who can no longer work due to a disability. However, the benefit amount depends on how long the disabled person was part of the workforce. In some cases, spouses and children also could qualify for benefits based on the disabled person’s work record.
An attorney with experience handling Social Security claims could help a disabled person or their family member complete an application for benefits from an appropriate program.
Many applicants who prepare their initial claims without legal help receive a denial letter. Usually, the denial is because their application was deficient in some way. However, when an attorney prepares an application, there is less likelihood of denial. Regardless of who prepared the initial application, a denied applicant should consult an attorney to review and resubmit their application.
Common reasons for initial claim denials include:
An applicant who receives a denial can correct errors on an application and submit it for reconsideration within 60 days. If the SSA denies benefits for a second time, or if the benefits awarded are too low, an applicant could appeal the decision by asking for a hearing before an Administrative Law Judge (ALJ). Then if the results of the hearing before the ALJ are still unsatisfactory, an applicant could pursue the matter in court.
A knowledgeable attorney could guide an applicant throughout legal proceedings and ensure they have a fair chance at receiving the social security benefits they need.
A permanent disability causes significant stress. The SSA benefits should make living with a disability easier. However, the complicated process and the frequency of claim denials make the application seem inconvenient.
A seasoned Social Security lawyer could take the burden of an application and appeal process off your hands. Call to schedule an appointment with a compassionate attorney today.
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