You have earned Social Security Disability – we can help you get it.
You have earned Social Security Disability – we can help you get it.
Social Security Disability, often called SSD, is a federally-run insurance program that provides income to people who are unable to work due to a physical or mental disability.
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When you are disabled and unable to work, the government can provide you with financial payments in the form of Social Security Disability (SSD) benefits. Obtaining Social Security Disability benefits requires going through the Social Security Administration’s application process.
The application process can seem complex and daunting to someone who has never applied for benefits. Many valid applications are denied upon initial review.
To give yourself the best chance at having your application for Social Security benefits approved – or for help appealing a denied claim – contact the Dillon, South Carolina Social Security Disability lawyers at Jebaily Law Firm today to speak with one of our knowledgeable attorneys about your options and eligibility for benefits. The consultation is free and confidential.
Social Security Disability provides benefits to people with disabilities that make them unable to work and earn a living. A person is entitled to SSD benefits if he or she suffers from a disability that is expected to result in death or has lasted (or is expected to last) for more than one year. An applicant for benefits must prove their disability through medical evidence.
People who receive Social Security Disability may be entitled to one of two different kinds of benefits. The first type of Social Security Disability benefit is called Social Security Disability Insurance. SSDI is available to any person who meets the requirements for Social Security Disability benefits, regardless of their past or current financial situation. The amount that a person will receive in SSDI is based on an average of their past earnings, capped at a monthly maximum.
The second type of Social Security Disability benefit is called Supplemental Security Income. Unlike SSDI, recipients of SSI must have income and financial resources within certain limits, which are based on the state where the recipient lives, his or her living arrangements, the number of people in the household, and the type of income they receive and assets they own.
Unlike SSDI, there is no need for a recipient of SSI to have accumulated any work credits. Instead, SSI is available to any person over the age of 65, blind, or disabled from gainful employment.
“Disability” for SSDI or SSI is judged along the same criteria.
Social Security Disability benefits are available to any individual who is deemed disabled. A disability is any physical, psychological, or psychiatric impairment that makes it impossible for a person to have substantial gainful activity. Substantial gainful activity is generally defined as inability to earn a defined minimum monthly income, currently $1,090 as of 2019. An individual will be required to prove their disability with medical documentation.
To receive Social Security Disability Insurance, in addition to being disabled, a person must also have substantial, recent work history. Whether work is substantial and recent enough to make a person eligible for disability benefits depends on how many calendar quarters the person has worked, how old the person is, and when they became disabled. Generally, a person must have worked at least 20 quarters in the last 10 years prior to the onset of disability, although this is waved for a person under 22 and the work requirements increase for every year of age above 42.
To receive Supplemental Security Income, a person is not required to have work history but is subject to income and asset limits, currently $771 per month and $2,000 for individuals and $1,157 per month and $3,000 for couples as of 2019.
If a person is eligible for Social Security Disability benefits, is at least 18 years old, and has not been denied disability benefits in the last 60 days, they can file for Social Security Disability benefits online on the Social Security Administration’s website.
To apply for Social Security Disability benefits, a person must fill out the Social Security Administration’s forms. In addition, they will need to submit medical documentation that supports their claim that they suffer from a listed medical impairment that prevents them from substantial gainful employment. The documentation will not only need to describe what the physical, psychological, or psychiatric impairment is, but how it prevents the applicant from holding gainful employment.
In addition to medical documentation establishing your disability, you will also need to provide personal financial information. This information will either be used to calculate your benefits if you qualify for Social Security Disability Insurance or determine whether you meet the income and asset limitations for Supplemental Security Income.
Although it is not required to hire an attorney to apply for Social Security Disability benefits, it is recommended. The Social Security Disability benefit application process is complex, and many applications are initially rejected because they lack sufficient information for the Social Security Administration to approve benefits for the applicant.
The Social Security Disability benefit application process can take between three and five months before you receive a determination on your application. The majority of applicants for benefits have their initial application rejected. Fortunately, you are entitled to appeal a denial of an application for Social Security Disability benefits. Many claims are eventually approved during appeals.
Within 60 days of the denial of your application for benefits, you are entitled to request reconsideration of your application. During the reconsideration stage, you are entitled to present new evidence to the Social Security Administration to support your application. This is especially important when your application is denied because you provided insufficient information with your initial application.
If you fail to request reconsideration of a denied application, you may be required to file a new application and have to wait another three to five months for a determination. It is often recommended to hire an attorney to assist you with your application at this stage, as an experienced Social Security Disability lawyer can identify any problems with your initial application and help you to gather and submit additional evidence that can help your application get approved.
If your application is denied after reconsideration, you may request a hearing before an administrative law judge. The hearing functions very much like a trial. As a result, it is often possible to obtain approval of your application at the hearing stage, since you can present witnesses and medical and vocational experts to testify on your behalf to establish that you suffer from a disability or are unable to engage in substantial gainful work.
If you receive a denial from the administrative law judge, you may appeal to the Social Security Administration’s Appeals Council. The Appeals Council can deny your request for a hearing, render a decision on the merits of your appeal, or send your case back to the administrative law judge for further findings.
If you cannot obtain approval after appealing to the Appeals Council, your last avenue of appeal is to file a lawsuit in federal court. You should consult with an experienced Social Security Disability attorney before deciding to file a lawsuit, as an attorney can provide you with candid advice as to whether a lawsuit is likely to be successful.
If you are considering applying for Social Security Disability benefits in Dillon, South Carolina, Jebaily Law Firm can help you put together an application for benefits that will give you the best chance at approval. We can help you gather the medical and financial documentation you need to submit with your application, ensuring that your application is not denied for insufficient information.
We will put forth all the evidence necessary to establish your entitlement to Social Security Disability benefits. If your application has been denied, we will guide you through the appeals process, helping you to understand why your application is being denied and collecting additional evidence needed to strengthen your claim for benefits.
If necessary, we can advocate on your behalf throughout the appeals process, and if necessary, file a lawsuit on your behalf to win you the benefits you deserve.
Contact Jebaily Law Firm today to schedule a free consultation with one of our experienced Dillon, SC Social Security Disability lawyers to learn more about your rights and options. Our Dillon law firm can help with a wide range of legal services including car accidents, truck accidents, motorcycle accidents, work injuries, and more.