SSDI Social Security Disability Attorneys

The eligibility criteria for Social Security disability benefits are extremely strict, particularly for individuals under the age of 50. In such cases, the evidence in an applicant’s file must indisputably demonstrate their inability to perform any kind of work.

However, for individuals aged 50 or beyond, the SSA somewhat relaxes their eligibility requirements for disability benefits based on the understanding that older applicants have spent a significant portion of their careers performing the same type of work and may be less adaptable to new work situations. Typically, if an older individual’s previous work was unskilled or semi-skilled, and there are no available sedentary jobs requiring their specific skills, they may qualify for benefits. For applicants aged 55 and older who are unable to perform more than light work and have no transferable skills, the eligibility criteria are further relaxed – making it increasingly easier for our disability lawyers to advocate for benefits. No matter your age, we urge you to contact a social security attorney immediately if your disability benefits claim has been rejected.

Below are the standards set by the SSA for benefits eligibility. To be considered for federal aid, applicants must fulfill these requirements.

• The applicant must have a diagnosed physical or mental impairment or condition that is considered a full, rather than partial, disability.
• The applicant’s disability must be severe enough to impede substantial gainful activity.
• The applicant must adhere to the recommended course of treatment for their disability.
• The applicant’s disability must be expected to last for at least one year or prove fatal.

• A specific duration must have passed since the applicant last worked and paid Social Security taxes.
• The applicant must have accumulated a minimum number of work credits based on their age and employment history. Typically, the SSA requires 40 credits, with 20 earned in the 10 years preceding the onset of the disability. Younger applicants need fewer credits due to their age.

• The applicant must fulfill certain SSA-defined criteria for resources and income limitations.
• The applicant must be totally or partially blind, or have a medical condition that prevents them from working and is expected to last for at least one year or result in death.
• The applicant must not be engaging in SGA.
• The applicant must follow the recommended course of treatment for their disability.

If your disability claim has recently been denied, you may feel discouraged, overwhelmed, and unsure about how to proceed. The appeal process is an integral part of the Social Security Administration’s (SSA) procedure, allowing you to contest a decision you believe is unfair or incorrect. Each stage has its intricacies, deadlines, and requirements for evidence and documentation.

Given the challenging nature and the importance of a successful appeal, seeking assistance from an experienced attorney can be invaluable. A disability lawyer can navigate the procedural nuances, help gather the necessary documentation, and represent your interests effectively, significantly increasing the likelihood of overturning the denial of your claim.

It’s imperative to act swiftly if your Social Security disability claim has been denied. You have only 60 days from the date of denial to file an appeal. Failing to meet this deadline means you must start the application process anew, delaying potential benefits further. Our lawyers are here to ensure your appeal is filed promptly and correctly, maximizing your chances for a successful outcome.

If your Social Security disability claim has been denied, it’s crucial to act quickly as you have only 60 days from the date of the denial notice to file an appeal. This strict deadline is part of the Social Security Administration’s procedure, and failing to appeal within this window means you must start the entire application process over from scratch. The clock starts ticking from the date you receive the denial letter, which is presumed to be five days after the date on the letter, unless you can prove you received it later. It’s important to note that timely action is essential to preserve your rights and to avoid unnecessary delays in the processing of your claim.

To ensure a successful appeal, call a disability lawyer at Wettermark Keith today for a free consultation.

In order to be eligible for SSDI benefits, applicants must fulfill specific non-medical and medical requirements. Medically, individuals must have a physical or mental disability that prevents them from engaging in substantial gainful activity (SGA) and is projected to persist for at least a year or prove fatal. Candidates are also required to take their medication and follow treatments as directed by their medical providers to qualify for benefits. Finally, applicants must have a long enough work history and must have accrued a certain number of work credits based on their age and employment history.

To qualify for Supplemental Security Income (SSI), applicants must meet certain financial requirements (as this program is need-based), be at least 65 years old, blind, or have a medical condition that prevents them from working or engaging in SGA.

An individual receiving both Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) benefits at the same time must be eligible for both. This situation is known as “concurrent benefits.” In some cases, an individual may qualify for SSDI but receive a low monthly benefit due to their limited work history. If this amount falls below the SSI income threshold, they may be eligible for SSI benefits to supplement their SSDI payments.

In 2023, the average waiting period for a decision on an initial Social Security disability claim extended to between 6 to 8 months. This duration reflects an increase from previous years and can be influenced by several factors, such as the intricacy of your case, the overall demand on the Social Security Administration, and the need for detailed medical evidence to substantiate your claim.

If your condition is included in the Compassionate Allowance List, your disability claim can be fast-tracked, significantly reducing the waiting time for a decision. Whereas the average disability claim may take 6 to 8 months for an initial decision, claims eligible under CAL can receive a decision in just a few weeks. This expedited process ensures that individuals with the most serious disabilities receive the benefits they need more quickly. It’s important to note that while the processing time is shortened, the eligibility criteria for disability benefits remain the same. Applicants must still provide sufficient medical evidence to support their claim and meet the SSA’s definition of disability.

The extent of your disability and how it affects your capacity to work must be clearly demonstrated in the evidence you submit when you apply for disability benefits. A disability benefits application must be supported by the following documentation:

Medical records – these should contain thorough explanations of your diagnosis, treatment strategies, and prognosis from every healthcare professional who has treated your disability. This may include prescription information, examination findings, imaging findings, surgical reports, and therapy evaluations.

Work history – the SSA requires a thorough work history before considering an applicant eligible for SSDI benefits. You must disclose all prior employers, job titles, employment dates, and job responsibilities in your application.

Education and training – include documentation of your educational background and any vocational training you have completed – this information is used to evaluate your ability to adapt to alternative work.

Personal statements – your own words and those of people you know well, including your family, friends, or coworkers, can shed light on how your disability affects your day-to-day activities and capacity for job-related duties.

Residual Functional Capacity (RFC) forms – this paperwork, filled out by your treating doctor, outline your physical and mental limitations and assist the SSA in determining your ability to work.

Our disability attorneys can assist you in gathering and presenting these documents and records in a manner that best improves your chances of a favorable outcome.

Choosing the right attorney to handle your disability claim is a vital step in securing the benefits you deserve. It’s essential to seek out not just a good attorney but the best attorney who specializes in Social Security disability law and has an outstanding track record. Read their client reviews and testimonials to gauge their credibility and set up a consultation to discuss their experience, approach, and communication style. Ultimately, trust your intuition – choose the lawyer who makes you feel comfortable and secure in their ability to obtain the disability benefits you need.

Our lawyers for social security also handle cases involving premises liability law, personal injury cases, auto and trucking accidents, insurance dispute claims, dog bites, nursing home abuse cases, medical malpractice, workers’ compensation, and veterans’ disability claims.