The Eichholz Law Firm has a solid understanding of Georgia law and provides knowledgeable representation to its clients on Social Security Disability claims. Some applications are not always accepted the first time someone files, which causes people who are eligible to receive benefits to give up filing altogether. If you fall into this category, we can help you file your next claim.
Social Security Disability Lawyer in Savannah GA
Why Social Security Disability Is Denied
Past Convictions – Prior convictions do not significantly impact someone’s ability to collect Social Security Disability benefits. Convicts are not eligible to receive benefits if they were already charged with a felony before their disability, serving time in a correctional facility when their disability began or became worse, intentionally orphaned or widowed themselves to receive benefits, or violated their parole or probation.
Dependence on Drugs or Alcohol – If the applicant had a drug or alcohol addiction that contributed materially to their disability, they would not be eligible to receive any benefits.
Compliance Failure – The United States Social Security Administration (SSA) requires applicants to submit medical records from their primary care physician. They could be denied disability if this requirement is not fulfilled. The SSA will schedule an applicant’s exam with one of their physicians if they do not have their own primary care doctor. The applicant will be denied benefits if they do not complete any of their scheduled exams or miss their appointments.
Fraud – If an applicant lies in their application about their disability, the SSA may terminate their benefits, and they could even be prosecuted for fraud to the fullest extent of the law.
Short-Term Disability – The SSA will determine if an applicant’s injury or impairment will last a year or become fatal for them to qualify for short-term disability benefits. If the applicant is blind, these requirements do not apply.
Experienced Social Security Disability Lawyers in Savannah GA
After an application for benefits is denied, the reconsideration application is often met with a similar disappointing fate, which is why you should contact a lawyer who understands the administrative appeals process.
The following are some common disabilities our clients face:
- Anxiety disorders
- Bipolar disorder
- High blood pressure
- Heart failure
- Hip fractures/disorders
- Back problems
- Carpal tunnel syndrome
While it can be challenging to establish an inability to perform substantial gainful work due to a real impairment, it can still be accomplished. Our Social Security Disability lawyers in Savannah GA can prepare a claim that judiciously presents evidence regarding your ability to work, along with your education, age, and impairment.
Why You Should Hire a Lawyer
A disability lawyer can explain how the disability benefits application process works and how it should be approached, so you will receive the help you need. Most first-time Social Security Disability applications are denied, but your application may not be. If you are denied disability, you will need to file an appeal. A Social Security Disability lawyer in Savannah GA can help you make the transition from filing to appeal status.
Regarding documentation and paperwork, a disability attorney can guide and help you throughout the entire process of filing your application or appeal forms because they understand the system. The attorney you choose can also make the difference between having a successful case and a case that is not successful. Social Security Disability cases are as important to you as they are to your dependents and your family, which is why your choice of lawyer can potentially impact your entire life going forward.
Some additional benefits of hiring an attorney include the following:
- Attorneys Can Provide You with Necessary Medical Documentation: Legal representatives can develop medical evidence in accordance with the specific medical conditions of the client in the correct manner. When a lawyer is handed a case, they will review the applicant’s records meticulously to see if any additional medical records or tests are required.
- Experience Communicating with Medical Providers: Doctors will be more willing to participate in a discussion about your claim with a disability attorney. Disability attorneys have experience dealing with these types of medical providers and can answer concerns and questions doctors have more readily than you, the applicant, can.
- Legal Appeals Representation: If your disability claim is denied, an appeals process comes next. Your attorney can speak for you at reconsideration hearings and proceedings. Your lawyer will gather and submit important medical evidence and communicate with all physicians and healthcare professionals who treated you as part of the preparation process. They will also help you with the questioning phase, which will take place with an administrative law judge.
- Countering Negative Testimony from Vocational Experts: Knowledgeable disability lawyers know how to counter testimony from a vocational expert, as they will draw out a supportive opinion in place of a negative one.
Attorneys Understand How to Successfully Win Arguments: A variety of arguments will be legally used against an applicant in a claim. A successful lawyer can identify specific arguments that precisely match the applicant’s medical condition and past work history. These complex arguments are difficult to interpret, which is why it is so important for you to have a qualified disability attorney on your side.
When to Contact a Social Security Disability Lawyer in Savannah GA
You should contact a lawyer sooner rather than later if you need to file for disability. They will offer you a free consultation to discuss your case and assist you with the application process. Some people have taken this route without legal representation; however, the likelihood of your application being approved is much higher if you have an attorney representing you.
Using a lawyer to help you with your application is a wise choice, especially if your application is denied. A disability lawyer can quickly move your case through the legal system in addition to improving your chances of having your application approved, which can be especially helpful if you are facing foreclosure on your home or you are homeless. Your attorney can also ask the judge for an “on-the-record” (OTR) decision so that your benefits can be approved without a court hearing.
The only instance where you may want to hold off on hiring an attorney is when your initial application has been submitted to the Social Security office, and you are waiting for an answer from them.
Contact The Eichholz Law Firm
While there are private and public agencies in Georgia that offer advocacy and assistance to disabled persons, including the Georgia Advocacy Office, there is one caveat you must keep in mind if you decide to use one of these agencies. If you are denied benefits, the Advocacy office does not supply legal representation for an appeals hearing, which is why you should hire a disability lawyer to help you present a convincing benefit appeals case to the court. If you file multiple appeals and your case reaches a federal court, a disability attorney must be on hand to represent you.
We recommend that you contact a Social Security Disability lawyer in Savannah, GA, during the early stages of the appeals process. Make an appointment for a free consultation with our legal team today. Our office is located at 319 Eisenhower Dr. Savannah, GA 31406.