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If you suffer from an illness or injury that prevents you from working, we understand that the bills may be piling up. The Social Security Administration (SSA) offers a range of benefits for those who suffer from a health condition that restricts their ability to work.
While filing for these benefits seems like a fairly simple process, it rarely is, and denials are not uncommon. Fortunately, you do not have to navigate it alone. A Johnstown Social Security Disability (SSD) lawyer at Berger and Green have years of experience representing claimants for disability benefits.
If you are deciding whether it is time to apply for disability benefits or have recently received a denial, you can speak with the team at Berger and Green. We offer free evaluations of your claim.
To determine whether your condition qualifies as a disability, check if it is in the SSA’s Blue Book. The Blue Book is a listing of commonly disabling impairments and the criteria you must meet to qualify as disabled. The Blue Book’s 14 categories of disabilities include dozens of conditions such as:
It is important to note that just having a certain condition does not mean you meet the SSA’s definition of disability. In addition to meeting the severity criteria under your condition, you must also prove:
Note: If your condition does not appear on the list, you might still be able to qualify. It is up to Disability Determination Services (DDS) to determine if your condition meets their definition of a disability. This requires proving that your condition is so severe that it keeps you from working in any job in any field.
Unless you understand how this process works and what they are looking for, it is often difficult to get the Disability benefits you need. Our team of SSD attorneys in Johnstown will go over your case to determine whether you have enough evidence to prove you are disabled.
Both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) have specific criteria you must meet.
To qualify for SSDI benefits, you must have a condition that keeps you from working and “engaging in substantial gainful activity” for a year or longer. The substantial gainful activity threshold typically changes each year.
You must also have earned enough work credits over a certain period. The amount of credits you need depends on your age. For example, if you are 50 years old, you must have 20 work credits out of the last 40 quarters (10 years) to qualify.
To receive SSI benefits, you must be blind, disabled, or over 65 as well as have limited income and few assets. The income limits typically change each year.
The Social Security Administration calculates Disability payments on a case-by-case basis. The total amount you can receive monthly relies on a formula that includes your average earnings throughout your lifetime.
You can learn more about your benefit amount by using the Social Security Administration’s benefit calculators.
The first thing to remember if you receive a denial notice is not to give up. The majority of claims are denied. This situation is not uncommon, and you do have the right to appeal this denial. Applications may be denied based on:
Secondly, you can always enlist our help at any time. The appeals process for Disability benefits can be complicated, and you may want to have someone on your side who can ensure all deadlines are met and that evidence that supports your claim is submitted to the Social Security Administration.
Our Johnstown Social Security Disability attorneys can guide you through the appeals process, which generally follows these steps.
We can request reconsideration if your application is denied. This request sends your Disability claim back to Disability Determination Services and requires the committee to take another look at your qualifications. Members of this committee cannot include those who reviewed your initial application.
If you are again denied at Reconsideration, you can appeal the denial and request a hearing before an Administrative Law Judge (ALJ) in the Social Security Office of Disability Adjudication and Review.
While many people gain approval at this step, you do still have options if the ALJ upholds the initial decision. However, going through the entire appeals process is difficult, expensive, and time-consuming. You may find it much less stressful with a Disability lawyer from Berger and Green at your side.
If the ALJ denies your claim, you can ask for an Appeal Council Review. The Appeals Council can:
The final step in the appeals process is the Federal district court. You can file civil lawsuit in Federal District court and argue that the Social Security Administration has wrongly denied you benefits by:
If you have been denied benefits, it is understandable to feel disappointed and frustrated. Fortunately, an initial SSDI denial does not mean it is the end of the road for you. Our Johnstown SSD lawyer represents claimants at every stage.
If you did not qualify for SSDI benefits, you might have another option: Supplemental Security Income. Supplemental Security Income (SSI) is a type of Social Security benefit available to people with an extremely limited income and net worth.
Qualifications include:
Our Johnstown SSD attorneys can tell you more about the key differences between SSDI and SSI, and which type of benefit you should apply for.
Our law office is proud to be able to help Johnstown, Pennsylvania, residents apply for SSDI, SSI, or even both types of benefits. We assist our clients with their applications in the following ways.
We know how stressful this situation can be and how much you need the money you are seeking. In addition to the legal tasks outlined above, the team at Berger and Green can make your legal experience easier by:
Our team has over forty years of experience in helping clients understand and navigate the Disability claims process. We are always happy to be able to apply that experience to new clients who want assistance with this critical but often complex procedure.
The SSA has a very strict definition of disability and a very complicated process you must go through to meet that definition.
Berger and Green can help you navigate the Social Security Disability claims process, including any necessary appeals if you suffer an undue denial. We understand what the SSA wants to see in a claim and can help you build the strongest possible case for approval.
To learn more, contact a Johnstown Social Security Disability (SSD) lawyer today. As always, you pay no up-front fees until we help you secure your benefits.