Social Security Disability Lawyer

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. With help from a reputable Social Security disability lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, you can fight for the benefits you deserve. Contact our team for a free consultation today and learn more about whether you meet the SSA Social Security disability program eligibility requirements.

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)

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

Qualifying for Social Security Disability

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:

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.

Why Social Security Disability Claims Are Denied

Although these 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, your Social Security disability lawyer may be able to get the SSA to expedite claim approval through:

• Quick disability determinations
• Compassionate allowances

How Social Security Disability Appeals Work

You should not lose hope if your application for Social Security disability benefits is denied. Our SSD lawyers are ready to guide you through the appeals process and ultimately 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.

Hearings with Administrative Law Judges

Most SSD appeals are resolved in hearings with Administrative Law Judges. If your reconsideration request does not reverse your denial, you can have your case heard by an Administrative Law Judge. The Administrative Law Judge can approve your application or send it back for review by an SSA representative.

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

What to Do if Your Social Security Disability Application Has Been Denied 

If your Social Security disability application has been denied, do not panic. Your Social Security disability attorney will be able to step in and handle all of the legal details of your case. We will review the SSA’s reason for denying your claim and figure out how to move forward with an appeal.

Do not reapply for benefits. Social Security disability benefits are retroactive from the date of your initial application. This means that even if your application was initially denied, you would be entitled to benefits from your initial application date if your denial is overturned on appeal.

Get Help from a Social Security Disability Lawyer at GKBM Today

Social Security disability claim denials are more common than you might have thought. Having an experienced Social Security disability attorney at Gatti, Keltner, Bienvenu & Montesi, PLC 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. You can reach us through our online contact form or by phone to start working on your case as soon as today.