Applying for Social Security Disability can be a frustrating process. Nearly two-thirds of deserving applicants are wrongly denied and face an uphill battle, even if they meet eligibility requirements. Know that this denial does not necessarily mean ineligibility. It simply means it’s time for a Social Security lawyer who can provide guidance throughout the appeals process. This article discusses Social Security Disability benefits and the steps individuals can take if their claim is wrongfully denied.

 

Types of Social Security Benefits

The Social Security Administration (SSA) administers social security programs in the U.S to eligible individuals. Benefits provided are based on work history, age, disability, and income levels. Benefits include retirement, survivor, family, and Medicare, as well as programs like Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).

 

Those who are commonly denied, yet eligible for benefits, are often in need of SSI or SSDI. Both programs are designed to support individuals who are older, disabled, have limited resources, or are unable to work.

 

Supplemental Security Income (SSI)

SSI provides financial assistance to individuals with limited income and resources. Eligibility includes:

  • Monthly wages of less than $2,020 or non-work income below $988.
  • Applicants who are disabled, blind, or 65 and older.
  • No requirement for prior work history.

 

Social Security Disability Insurance (SSDI)

SSDI supports individuals with disabilities that prevent them from working for at least a year, or are expected to result in death. Eligibility is based on:

  • A sufficient work history, usually requiring at least 5 years of work in the last 10 years (exceptions for applicants under age 24).
  • The severity of the disability.
  • Regular contributions to Social Security through payroll taxes.

If these criteria are met but a denial is still underway, an attorney that specializes in Social Security Disability Law can help with appealing the denial.

 

How A Social Security Lawyer Can Help

While some denials are legitimate, many are not. This can be disheartening when in pain, disabled, or out of work without an income. If a social security application is denied and it’s believed the applicant is eligible, a Social Security attorney can appeal the SSA’s decision on their clients behalf. The attorney will:

  • Assist in gathering medical and employment records.
  • Advocate on behalf of their client in court.
  • Make sure applications are complete and accurate.
  • Help clients avoid additional delays in the process.

 

They will also answer questions related to the case and provide guidance should the need to go to court arise, as many applicants have questions about their eligibility and the application process. Here are some of the most common questions Social Security lawyers help address.

 

Common Questions About Social Security Benefits

What disqualifies me from SSDI?

Disqualifying factors include earning above the Substantial Gainful Activity (SGA) limit, insufficient work history, or a disability that does not meet SSA’s criteria for severity or duration.

 

What is the SSA Blue Book?

The SSA Blue Book lists medical conditions and criteria that qualify for disability benefits. It serves as a reference for determining the severity of disabilities.

 

What if my condition isn’t listed in the SSA Blue Book?

You can still qualify for disability benefits if your condition is medically equivalent to a listed impairment or if it prevents you from performing substantial gainful activity.

 

What happens if I’m approved for SSDI after a long wait?

If approved, you may receive back pay for the period between your application date and approval, depending on the date your disability began.

 

Can children receive Social Security Disability benefits?

Yes, children can receive SSI if they have a qualifying disability and their family’s income and resources fall within the limits.

 

How does my attorney get paid?

Most Social Security attorneys work on a contingency basis, meaning they only get paid if they win your appeal. If the case is won, the SSA automatically deducts the attorney’s fee from your back pay.

 

What To Do If A Social Security Application Is Denied

If your application has been denied, don’t give up hope. Contact Hightower & Hightower, P.A. for a free consultation today. We understand how frustrating this process can be and are here to help you get the benefits you deserve.