Dealing with a debilitating disability can be challenging. You are stuck dealing with the physical implications of your medical condition. In many instances, you may not be able to continue working due to the limitations of your physical state. Fortunately, there are several ways you could continue providing for yourself and your family through the Social Security Administration (SSA) Social Security Disability (SSD) programs. Even though it’s supposed to be user-friendly, the Social Security Disability (SSD) claims process usually isn’t. The rules are complicated. Clear explanations are hard to come by. It’s easy to become frustrated.
At Gatti, Keltner, Bienvenu & Montesi, we can help you get the disability benefits you need. We can explain the law, your legal rights, and the various steps that usually have to be taken before claims are approved. We understand the rules, what kind of proof you need, and how you can avoid making mistakes.
Have you already been denied Social Security Disability benefits? Don’t give up. Denied claims happen. It doesn’t mean that you’re not disabled or that you can’t get the benefits you need. We can help. With help from a reputable Social Security disability lawyer at Gatti, Keltner, Bienvenu & Montesi, you can fight for the benefits you deserve. Contact our team to schedule a free consultation with a Memphis Social Security Disability Insurance (SSDI) Lawyer and learn more about whether you meet the SSA Social Security disability program eligibility requirements.
Are You Eligible for Social Security Disability Benefits?
If you’re disabled, can’t work, and previously paid into the Social Security system for five out of the past 10 years, you may have questions about Social Security Disability Insurance (SSDI). Anyone with a qualified medical condition may be eligible for Social Security Administration’s SSD benefits. However, there may be further eligibility restrictions you need to be aware of depending on the type of SSD benefits you are applying for:
This program, administered by Social Security Administration (SSA), supports the worker when he or she can’t earn income because of disability. Both employers and employees must contribute to the program by paying FICA taxes. These Social Security taxes are withheld from current earnings so that employees pay into the Social Security system.
In theory, every person who becomes disabled is eligible to receive SSDI benefits if he or she has paid FICA taxes in the past. In reality, being unable to work and being eligible for disability benefits are two different things in the eyes of the Social Security Administration.
Generally, your ability to secure SSD benefits will depend on the following:
- You need a qualified doctor’s opinion that a physical disability, illness, or mental health issue will prevent you from working for at least 12 consecutive months.
- You need to have earned enough work credits (based on your employment history), and to have earned at least half of those work credits recently.
Age, education level, and current physical and mental capacity are also factored into SSA’s assessment.
Eligibility for SSDI
To meet the eligibility requirements for SSDI, you must:
- Have a qualifying disability
- Have worked jobs that paid into the SSDI program
- Earned a minimum of 40 work credits
- Obtained a minimum of 20 work credits over the last ten years
- Not be able to engage in substantial gainful activity SGA
SSI Qualifying Criteria
To meet the eligibility requirements for SSI, you must:
- Have few assets and resources
- Have no or limited income through self-employment income, wages, or pensions
- Be at least 65 years old, disabled, or blind
- Live in the United States
- Be a U.S. citizen
It should be noted that children with parents who served in the military and are on active duty outside the U.S. may still be entitled to SSI payments.
A Memphis lawyer can help you prepare your Social Security Disability Insurance application and guide you through the process.
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Types of Social Security Disability Benefits
Two primary types of government assistance programs are designed to help individuals dealing with disabling medical conditions. These include:
- Supplemental Security Income (SSI)
- Social Security Disability Insurance (SSDI)
The Difference Between SSDI and SSI
Those filing for disability benefits often do not understand the differences between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Supplemental Security Income (SSI)
SSI benefits are a type of financial assistance designed to help those with limited resources struggling to make ends meet due to a disabling medical condition. Generally, SSI benefits can continue until you are capable of earning gainful employment.
Social Security Disability Insurance (SSDI)
SSDI benefits are provided to individuals with disabling medical conditions who have previously paid into the government Social Security Disability program. SSDI benefits will generally be paid:
- Until your disability resolves
- Until you can go back to work
- Until your benefits can be converted to retirement benefits
While it is acceptable to file a Social Security Disability Insurance claim online, this is not necessarily the situation for Supplemental Security Income.
It is usually necessary to visit the local Social Security office for your region if the potential exists that an SSDI claim will not be available. SSI claimants are awarded in a shorter time frame and are not required to wait six months before being approved, as SSDI claimants must do before being qualified.
SSI recipients are approved for one year, and many will be reviewed annually for reevaluation. There are also limitations on personal assets in order to qualify for SSI since it is an actual welfare program. A Social Security Disability Insurance (SSDI) lawyer in Memphis could help determine if you are eligible for either or both types of benefits.
Completing the Initial Application
Most initial applications are denied. However, you should still make sure your claim is as strong as possible. This can help you in the appeals process later on. Our lawyers work closely with you and your doctors to make sure that all of the information that supports your claim is contained in the record. We can even file claims online, right from our office. We have a second office location in Germantown, Tennessee.
We can help you with an SSD review, so you can:
- Make sure you are eligible to receive benefits
- Understand how to file your application
- Gather the evidence you need
- Provide proper supporting documentation
We work closely with you through every phase of your application and claims process. We demystify the process and help you fully pursue the benefits you need. Don’t give up on the benefits you are owed; filing for SSD benefits is complicated but absolutely necessary. Our Social Security Disability Insurance (SSDI) attorneys in Memphis can work with you every step of the way.
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Why It’s Important to Work with an Attorney
Waiting on a Social Security disability determination ruling from the Social Security Administration can be a very frustrating experience. Individuals who have a debilitating condition are often already incapable of working long before they file, and managing to get through the waiting period is difficult for practically everyone filing. Many people also file for Social Security benefits long before they qualify by age and often by necessity. And, many claimants need benefits as soon as possible because of personal finances.
The combination of personal situations and the extreme due diligence regarding disability determination by the SSA means that making sense of a disability case can become as difficult as surviving through the bureaucratic process. That is why it is crucial to have an experienced and aggressive Social Security disability attorney – like those at Gatti, Keltner, Bienvenu & Montesi in Memphis – representing your case to the SSA.
Why Was I Denied SSDI Benefits?
Although the criteria may not seem unreasonable, it is not uncommon for SSA representatives to deny Social Security disability claims. Often, denials occur because there are questions surrounding the applicant’s eligibility status.
For example, SSDI applicants may face scrutiny if there are questions surrounding whether they meet the work-hour eligibility requirements. Younger workers may be entitled to SSDI benefits despite not meeting the minimum work-hour requirements.
SSI and SSDI applicants may find their claims denied if they suffer from disabling conditions that are not on the SSA’s list of qualifying conditions. If this happens in Memphis, your Social Security disability lawyer may be able to get the SSA to expedite claim approval through:
- Quick disability determinations
- Compassionate allowances
Delays
Many disability claimants are obviously disabled when they apply, but the federal disability agency still takes as much time as possible before issuing a ruling. Sometimes this even occurs when the claimant has a condition that is listed as an approved disability. These conditions should automatically qualify a claimant for disability benefits, but the agency still routinely sends claimants to agency doctors to validate claims.
Of course, this takes additional time, allowing the SSA to wait until the final days of the allowed response period to make a ruling. And, very often, the ruling will still be another denial. If you do not have a condition on the pre-approved list, your SSD attorney can still take your total disabilities and begin a process that compares specific medical conditions to other conditions that are on the approved list of disabilities.
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How Social Security Disability Appeals Work and What To Do
If your Social Security disability application has been denied, do not panic. Your Social Security disability insurance attorney will be able to step in and handle all of the legal details of your case in Memphis.
You should not lose hope if your application for Social Security disability benefits is denied. Our SSD lawyers are ready to step in and handle all of the legal details of your case. We will review the SSA’s reason for denying your claim, guide you through the appeals process, and ultimately work to get your application approved.
Reconsideration Requests
Reconsideration requests are the first line of the SSD appeals process. You are requesting another SSA reviewer analyze your application. The reviewer must not have had any involvement in your initial SSDI application determination.
Reconsideration reviews can be upheld or overturned if your attorney provides additional supporting evidence, proves your medical condition is disabling, or establishes your eligibility status.
Administrative Law Judge Review
It’s possible to lose your SSA appeal for SSDI benefits. If your reconsideration request does not reverse your denial, you can have your case heard by an Administrative Law Judge. The Administrative Law Judge is a representative of the SSA and can approve your application or send it back for review by another SSA representative.
In a hearing, you will need to explain or offer:
- Why you need Social Security Disability Insurance benefits
- Doctors’ testimony about your current medical/mental condition
An ALJ won’t solely rely upon your written medical records at an administrative hearing. If your request for SSDI benefits is denied again, you can take your case to SSA Appeals Council.
Appeals Council Reviews
The appeals council can:
- Refuse to hear your appeal
- Send your appeal back to an Administrative Law Judge
- Hear your case and approve your SSD application
- Hear your case and uphold your SSD claim denial
Federal Court Reviews
Federal court reviews are your last opportunity to appeal your SSD application denial. There is no guarantee the federal court will agree to hear your case. They can:
- Uphold your initial SSD application denial
- Overturn your initial SSD application denial
- Refuse to listen to your case
- Send your SSD appeal back to the Appeals Council for review
- Send your SSD appeal back to an Administrative Law Judge
Claims Involving Multiple Medical Conditions
Many claimants do not necessarily file for Social Security disability benefits based on one medical condition alone. Oftentimes, filers will have several health issues that impact each other further, contributing to their general inability to earn a living as a result. You should always remember that a disability ruling is not as much of a ruling on your disability status as it is a claim that you cannot earn a living because of medical issues.
While independent medical problems may not constitute disability alone, when all conditions are presented in a combined evaluation, the SSA can begin the process of evaluating overall health with respect to total disability. Social Security does not recognize partial disability as other benefit programs do, and all approval decisions are usually permanent unless the claimant is awarded Supplemental Security Income benefits. A skilled Social Security Disability Insurance (SSDI) lawyer helps individuals in Memphis navigate the process and present a compelling case for benefits.
Get Help from a Social Security Disability Insurance Lawyer at GKBM in Memphis Today
Social Security disability claim denials are more common than you might have thought. Having an experienced Memphis Social Security disability insurance lawyer at Gatti, Keltner, Bienvenu & Montesi advocate for your rights with the SSA could make all the difference in the outcome of your claim.
When you are ready to move forward with an appeal or need assistance pursuing your Social Security disability benefits, contact our office for a free consultation. We handle Social Security Disability claims on a contingency basis, which means we only get paid if you get paid. Fees for disability representatives are limited by law and must be approved by the SSA in advance. You can rely on our Social Security Disability lawyers to fight for every dollar you deserve.
Whether your disability started with a work injury, a serious illness, or something else, your consultation with us is free — no strings attached. Our phones are answered 24 hours a day. You can reach us through our online contact form or by phone to start working on your case as soon as today.
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