If you suffered an injury or illness that prevents you from working, you deserve Social Security disability benefits. Unfortunately, many qualified applicants receive denials for unclear reasons. If this describes you, then you have options. A Jefferson Township Social Security disability (SSD) lawyer from Berger and Green can help you file an appeal for benefits.
At Berger and Green, we have a long and successful track record of helping injured workers in the Jefferson Township area pursue the Social Security disability benefits they deserve. We want to put our knowledge and resources to work for you. Our attorneys are so confident we can help you win benefits that we never collect a fee until you start getting paid. There is no risk and no obligation. To start the process today with a free consultation, call one of our Social Security disability lawyers serving Jefferson Township, OH, at (412) 661-1400.
Appealing Your Social Security Disability Denial
A Social Security disability denial is not the end of your quest for benefits, but the beginning. You have the right to appeal the Social Security Administration (SSA)’s decision. The appeals process has many stages and each of them gives you a fresh opportunity to make your case.
Within 60 days of receiving notice that you have been denied, you must initiate the appeals process by filing something called a request for reconsideration. If you fail to file this request within the given time limit, you may lose your ability to appeal, so it is critical to speak with a lawyer and begin the process right away.
The stages of the Social Security disability appeals process are as follows:
The Request for Reconsideration
We will begin the appeals process by helping you file a request for reconsideration. This request simply asks the SSA to take a second look at your claim and, ideally, reverse its decision. You are allowed to submit as much supporting documentation with your reconsideration request as you feel is necessary. If your case was denied because of a lack of evidence, you can attach the proof that you were missing on the first try. Berger and Green will help you through this process.
The ALJ Hearing
If your reconsideration request gets denied, you can move to the second stage of the appeals process, the Administrative Law Judge (ALJ) hearing. The ALJ hearing gives you the opportunity to plead your case in front of a live judge who has sole decision-making authority. Once again, you can present as much evidence as you like, and Berger and Green can help you construct your case. We will help you prepare for the hearing and argue on your behalf.
If you do not win benefits at your hearing, you can ask the appeals council to review your claim. They will either approve it, deny it, or send it back to the ALJ for another hearing. Finally, you have the option of taking your disability appeal to federal court. This option is seldom used, but can be effective in appropriate cases.
We can help you navigate through the often-confusing process of appealing a disability benefits claim denial. We want to make sure you understand all your options and that no paperwork is misfiled or stone left unturned.
For a free legal consultation with a lawyer serving Jefferson Township, call (412) 661-1400
Social Security Disability Qualifications
In order to win your Social Security disability appeal, you must be able to prove that you meet the eligibility requirements for the benefits program you are seeking. The medical requirements are the same across the board. But the non-medical requirements differ based on whether you are applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
The medical requirements are the same for both SSDI and SSI. You must be fully disabled to collect Social Security disability. Fully disabled means unable to sustain gainful employment and earn above substantial gainful activity guidelines. We have had clients get approved for benefits while working part-time, or sporadic jobs, but if you have a full-time or close to a full-time job or earn over the substantial gainful activity guidelines at even a part-time job, getting approved becomes much more difficult.
Berger and Green may be able to help you win Social Security if you cannot work and earn substantial gainful activity amounts.
If you are applying for SSDI, you must have a sufficient history of working and contributing to the program via payroll taxes. SSDI is set up like any other disability insurance program, only it is run by the government. Your payroll taxes serve as premiums, and only those who have paid their premiums can collect benefits.
If you lack the work history to qualify for SSDI, you may be able to get approved for SSI, a means-tested benefit program for the needy, one that offers similar disability benefits but does not have any work history requirements. SSI is available only to those with financial needs, as demonstrated by income and assets that fall below certain levels.
Personal Injury Lawyer Near Me (412) 661-1400
Call for a Free Social Security Disability Consultation
The Berger and Green team is eager to get to work on your Social Security disability appeal today. No matter why you were denied benefits, we want to evaluate your claim and determine how we can help. There is no fee for the consultation, and we never get paid until you win benefits. To speak with a Social Security disability lawyer serving Jefferson Township, OH, today, call (412) 661-1400. Do not wait to reach out. We are waiting to speak with you. Reach out to our team today.