IT'S MORE TO US, IT'S PERSONAL
Experienced Birmingham Social Security Disability Appeal Lawyers
When your health deteriorates, you should be focusing on treatment and rest, not having to decide between buying groceries and keeping the lights on. Whether you're dealing with illness, an accident, or a chronic medical condition, being casually denied the financial resources you need to live can be hopelessly frustrating and anxiety-inducing. After you've paid into Social Security for decades and spent additional months or years building an application for social security disability benefits, a denial letter feels like a slap in the face. Throughout this taxing process, you may have had to miss work or work regardless of pain and poor health. You may have even lost employment due to your disability, leaving you without resources and facing an uncertain path forward. In your hour of need, the last thing you want to hear is that the government doesn't believe you're disabled enough to qualify for support.
It's easy to feel isolated in this situation, but try to remember that you are not alone - countless people in Birmingham have been denied social security disability benefits at first, only to have their claim approved on appeal. This system may feel like an ongoing battle, but your fight isn't over yet. You deserve the support and assistance you need to live a comfortable and dignified life - and our Birmingham social security disability attorneys can help you obtain it. We will guide you through the appeals process and together, fight for the benefits you deserve.
What Is Social Security Disability?
Social Security Disability Benefits are part of a federal program meant to provide financial assistance to individuals that meet government requirements for a disability. There are two programs that help provide assistance to disabled individuals: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
The SSDI program provides financial benefits to you and some family members, such as your children or an adult child disabled before the age of 22, if you are “insured.” In order to be considered “insured” by SSDI law, one must have worked long enough, recently enough, and paid Social Security taxes on money earned at work.
The SSI program pays financial benefits to adults and children who meet the appropriate requirements for a qualifying disability, have a limited income, and limited resources. Federal SSI benefits from the Social Security Administration (SSA) are often supplemented by state disability benefit programs.
Despite the differences between these two programs, the medical requirements remain the same. In order to receive monthly financial benefits, you must meet the medical requirements, the specific non-medical requirements per program, and have a medical condition that is expected to last for at least a year or will result in death.
If you believe that you or a family member is in need of payment through a Social Security program, you may apply online today through the SSA’s Disability Benefit page on their website. If you need further help submitting an application or your application was denied, contact a Social Security Disability attorney from Wettermark Keith. Set up a free consultation with our Birmingham law firm today by calling (877) 715-9300.
According to the law, who is eligible for SSDI or SSI?
Social Security Disability Benefits are only available to people who meet certain criteria. Those under age 55 must prove that they are unable to do work due to mental or physical health conditions, while those 55 and over have a special set of rules, as it is more difficult to switch careers, skills, and technologies as you get closer to retirement.
Not every individual who meets these criteria will qualify for social security disability benefits. Therefore, it is incredibly important to be aware of the definition of disability, as defined by SSA (Social Security Administration) law, as well as how you might qualify, or meet what is considered a special exception.
The SSA’s definition of disability is unique in that it only considers total disability, meaning that no benefits are available for those with a partial or short-term disability. You are considered to have a disability if you cannot work or participate in substantial gainful activity, often written as SGA, you cannot carry on with your work or adjust to new work due to your condition, and the debilitating condition is expected to last for at least a year or to result in death.
Despite the reality of many Americans, including those in Birmingham, the SSA often presumes that the average person in our nation has the resources to provide themselves with support during periods of short-term disability, such as insurance, money in savings, and worker’s compensation. This is why their definition of a disability is so limited in its qualifications.
After finding out whether your medical condition qualifies as a disability, you must also consider the non medical conditions of your situation. These five things are considered when determining your qualifications for disability benefits:
The SSA will use earnings guidelines to determine whether your work history is "substantial gainful employment" (SGA). If your earnings average more than $1550 a month, then you will not qualify for disability.
Your condition must limit you from performing basic duties at your place of work for at least a year. These duties can include walking, sitting, standing, lifting, and more.
The SSA maintains a list of disabling conditions that prevents a person from performing SGA. If your condition is on this list, it will qualify. If your condition is not on this list, then it must be determined by the Disability Determination Services (DDS) whether it is as severe as the other conditions on the list.
The DDS will evaluate your previous jobs and determine whether or not your current condition prevents you from doing your past work.
Lastly, the DDS will look to determine if there is work you have the ability to do despite the severity of your condition. If they determine that there is a job that they believe the applicant can work, then you will be denied for disability.
When reading over the qualifications, it is fairly obvious that there is a lot of gray area in determining whether or not someone is qualified or disqualified for benefits, and that’s without considering any types of special exceptions that apply to certain groups. Therefore, seeking the help of an attorney greatly increases the likelihood that your initial disability claim or your later appeal will be accepted. Our Birmingham Social Security Disability attorneys can help you navigate the application cycle. Contact Wettermark Keith at (877) 715-9300 as soon as possible in order to set up your free consultation.
How do I apply for Social Security Disability in Birmingham?
When you decide to apply for Disability Benefits in Birmingham, whether that be SSDI or SSI, you can visit the SSA website to apply, call the SSA directly, or visit an office in person. Throughout the application step, you will follow these general steps:
Gather all of the proper documentation that you need to complete the application. This includes identifying documents, medical evidence, and employment information.
Fill out the application form online, in person at your local Birmingham office, the SSA direct line, or by mailing in your documents to the address provided on the SSA website.
The SSA and DDS will review your application to determine whether or not you qualify for disability.
After you apply or if you are denied, contact a Social Security Disability attorney from Wettermark Keith to make sure you get the financial benefits that you deserve.
When Should I Call a Social Security Disability Attorney?
If your Social Security Disability claim has been denied, it's crucial to act quickly, as you have 60 days from the date of your decision letter to file an appeal. The appeals process can be complex and time-consuming, and missing this deadline could result in the loss of your right to appeal. By contacting an experienced Social Security disability attorney, you can ensure that your appeal is handled properly and that all necessary evidence is presented to strengthen your case.
Our disability attorneys can help you fight for the benefits you deserve, including back pay for the period you were disabled before your claim was approved. In 2023, over 60% of initial applications for disability benefits were denied, but many of those claims are ultimately approved after appeal, especially with the help of a skilled attorney. Don't let a denied claim discourage you—call us today to discuss your case and learn how we can work to secure the benefits you're entitled to.
Our 3-Step Process
Connect With Us:
Call our office at (877) 715-9300 or use our online form to arrange a no-cost, no-obligation consultation with our Birmingham Disability lawyers.
We Assess Your Case
In our initial review, our experienced Birmingham team will assess your claim and explore your options. If you've been unjustly denied for disability, we’ll assign a dedicated Disability attorney to your case.
We Defend Your Rights
As one of the Southeast’s top disability firms, Wettermark Keith is committed to ensuring your rights to disability benefits are upheld.
Frequently Asked Questions
There are several reasons why a Social Security Disability (SSD) application may be denied. One common reason is that the SSA determined your medical condition does not meet its definition of disability, meaning your condition may not be severe enough or last long enough to qualify for benefits.
Another frequent issue is insufficient medical evidence to support your claim, such as missing records, outdated test results, or not enough documentation from your healthcare providers. Your application may also be denied if you earn more than the substantial gainful activity (SGA) limit, which is $1,470 per month in 2024, or if the SSA believes you can still perform other types of work. Additionally, claims can be denied due to errors in your work history, not meeting the required work credits, or missing deadlines for submitting paperwork.
If your claim was denied, it’s important to consult a disability lawyer to understand the reason for the denial and explore your options for appealing the decision.
To qualify for Social Security Disability (SSD) benefits, you must meet several criteria set by the Social Security Administration (SSA). You need to have worked and paid Social Security taxes for a sufficient number of years, typically earning 40 work credits, with at least 20 credits earned in the last 10 years. You must also have a severe medical condition that prevents you from working and is expected to last at least 12 months or result in death. Additionally, you must not be able to engage in substantial gainful activity (earning more than $1,470 per month in 2024) due to your disability. Lastly, medical evidence supporting your claim, such as doctor’s records and test results, is essential for approval.
No, SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income) are not the same. SSDI benefits are for individuals who have worked and paid Social Security taxes for a certain number of years and become disabled. SSI, on the other hand, is a needs-based program for people who are disabled, blind, or elderly and have limited income and resources, regardless of their work history. While both programs provide financial assistance to disabled individuals, the eligibility requirements and benefit calculations differ.
Yes, it is possible to qualify for both SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income) benefits, but it is relatively rare. Typically, SSDI is for individuals who have worked and paid Social Security taxes for a sufficient number of years, while SSI is a needs-based program for those with limited income and resources, regardless of their work history. To qualify for both, you would generally need to have a low SSDI benefit and meet the strict financial eligibility requirements for SSI. While this dual eligibility is uncommon, it can happen in cases where an individual has enough work history to qualify for SSDI but still falls below the income and resource limits for SSI.
Social Security Disability back pay refers to the retroactive benefits you are owed from the time you became disabled until your SSD claim is approved. The Social Security Administration (SSA) may pay you for the months you were disabled but had not yet received benefits. Typically, back pay is awarded for the period between the date you became disabled and the date your application is approved, as long as that period falls within the 12-month window before your application date.
Our Social Security disability appeal lawyers will review your case and discuss your eligibility for back pay, ensuring that you receive the full amount you're entitled to. We’ll also work to determine the correct onset date of your disability, as this can impact the amount of back pay you receive. If you are entitled to retroactive payments, we’ll help guide you through the process and fight for the compensation you're owed.
NO BENEFITS, NO FEE - GUARANTEE
At our law firm in Birmingham, we specialize in social security and disability law, and we've successfully guided countless clients through the complexities of getting approved for disability payments. Our confidence in our ability to assist you stems from our extensive experience and a deep understanding of both Birmingham's legal landscape and the intricacies of social security law. We are so committed to providing the highest quality of legal services that we offer our assistance on a contingency fee basis. This means you won't incur any legal fees until we've successfully won your case, ensuring that our interests are fully aligned with your success.
Our goal is not just to win your case but to ensure you achieve the most successful recovery possible. We understand the challenges that come with navigating the social security system, and our dedicated team of lawyers in Birmingham is here to take the burden off your shoulders. With our expertise in social security law and our commitment to our clients, we aim to provide a seamless and stress-free experience, allowing you to focus on your wellbeing while we handle the legal complexities of your case.
Wettermark Keith: Expert Birmingham Social Security Disability Lawyers
Wettermark Keith stands proudly as a Top 100 Social Security Disability Law Firm, a distinction earned through our relentless advocacy and success in appealing denied claims nationwide. Our team of expert Birmingham attorneys brings a comprehensive understanding of the Social Security Administration's processes, coupled with a commitment to personalized, compassionate advocacy.
At Wettermark Keith™, we have an excellent reputation as one of the most accomplished personal injury firms in the country. Our personal injury firm covers a diverse range of practice areas, including personal injury cases, auto wrecks, trucking wrecks, nursing home abuse, medical malpractice, on-the-job injuries, social security, and VA disability, to name just a few. At Wettermark Keith, we believe in taking cases personally. Our purpose is to practice with care and compassion - to tell our clients' stories and make their voices heard. We achieve this by building strong relationships based on constant communication and an unwavering dedication to truth and trust.
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Law firm Wettermark Keith has exceeded my expectations! I recommend these lawyers to anyone and everyone I come across. Their commitment to their clients is outstanding. Communication is easy. And I got my settlement very fast. I definitely recommend working with Lee Hawker. He is very gracious and kind. He looked out for me and my family and went above and beyond for us. I’m very grateful!
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