Social Security Disability Attorneys

Each type of disability claim has its own criteria but there are some common guidelines that applicants must abide by in order to be considered for benefits.

This list of eligibility requirements can include (but is not limited to):

• The applicant must be unable to work at their previous type of job.
• The applicant must be unable to perform any other available work.
• The applicant must have been disabled or impaired for at least 12 months.
• The injury of the applicant must conform to the federal definition of “severe impairment.”
• The applicant must be unemployed when the request is filed.

As with any government application, there is always the possibility that the application may be denied.

With the advancement of technology, people can now apply online for Social Security Disability Insurance (SSDI). Make sure you have all of the documents you need before you apply, because there is a lengthy checklist of items you must have in order to qualify for it.

If you don’t have internet access, you can apply by phone at (800) 772-1213, or you can visit your local Social Security office to apply in-person.

You must not already be receiving any kind of Social Security benefits. If you’ve been turned down for SSDI in the last 60 days, you won’t be able to apply.

In order for your application to be approved, you must be able to demonstrate that you are severely or entirely disabled. A disability is a condition or injury that can prevent you from performing most work (“substantial gainful activity”), and will either end in death or last for at least a year. There is a detailed list of impairments the Social Security office maintains, including information on how disability claims are evaluated.

If you think you might be eligible for Social Security Disability Insurance, you should start the application process right away. On average, it can take over 3 months to receive a final verdict regarding your disability claim. Many claims are denied, and it could take months or even years to appeal the ruling because there is a large backlog of cases.

Bear in mind:

You can receive SSDI benefits regardless of your age, unlike retirement benefits. If your claim is approved, you will receive payment that’s equivalent to your full retirement age. This is the age where you’d be able to receive 100% of your entitled benefits based on your overall earnings.

By definition, “substantial gainful activity” is a work income cap based on national wage trends that changes annually. This year’s limit is $1,260 per month or $2,110 per month if you are statutorily blind. With the exception of programs and work periods to assist people with returning to the workforce, you will not be able to collect SSDI if you’re earning more money.

Prior Convictions: In most cases, past convictions have little impact on a person’s ability to collect SSDI benefits. Convicts, on the other hand, are ineligible to receive benefits if their disability occurred during a felony conviction, the disability began or became worse while they were serving time in a correctional facility, they widowed or orphaned themselves intentionally in order to receive benefits, or their probation or parole was violated.

Alcohol or Drug Dependence: If an applicant had an addiction to alcohol or drugs that materially contributed to the disability, they will be ineligible to receive benefits.

Compliance Failure: Applicants are required by the SSA to submit medical records from their primary care doctor. If they do not comply with this requirement, they could be denied SSDI. If applicants do not have a primary care physician, the SSA will schedule an exam with one of their doctors. If an applicant refuses the examinations or misses their appointments, they will be denied benefits.

Fraud: An applicant’s benefits may be terminated by the SSA if they lied on their application about their disability, and they could also be prosecuted to the fullest extent of the law for fraud.

Short-Term Disability: In order for an applicant to be eligible for short-term SSDI benefits, the SSA will need to determine if the impairment or injury, such as what a person might sustain in an automobile accident, will last up to a year, or if the accident turns out to be fatal. Blind applicants are exempt from these requirements.

While an attorney is not required during any stage of the SSDI application process, it’s advised that you hire one before you submit your application for the first time.

Some applicants believe that they only need to complete a few forms in order to apply for disability benefits. If only it were that simple. The SSA requires lots of paperwork, personal information, and medical records.

People also make mistakes or errors that could jeopardize their chances of receiving SSDI. Many applications are denied for this reason alone.

Our Social Security disability attorneys at The Eichholz Law Firm have years of experience representing clients in the initial application and appeals processes, as well as the necessary resources to ensure that these individuals receive the benefits they rightfully deserve. 

Call our legal team at (855)-551-1019 or fill out an online contact form.