If you have a disability making it challenging to earn a living or provide for your family, Social Security Disability benefits could help you meet your financial obligations. But qualifying for the benefits can be challenging, especially if you don’t know the laws and regulations governing the Social Security Disability system. This is where Berger and Green can help.
A Moundsville Social Security Disability lawyer from Berger and Green can review your case and determine the benefits you qualify for, either Social Security Disability Insurance (SSDI) or Social Security Income (SSI). From there, we can help file the application or appeal Social Security Administration (SSA)’s decision if it denies your application.
Ask Our Moundsville Social Security Disability Lawyer Which Benefits Program You Can Apply For
SSA has two federal programs for those with disabilities — SSDI and SSI.
- Social Security Disability Insurance (SSDI): SSDI is for individuals facing a qualifying disability that will prevent them from engaging in substantial gainful activity) for at least 12 months. This means your disability does not allow you to perform a job that earns you more than a pre-defined limit (the income limit for 2023 is $1,470 per month, per SSA).
Along with an approved disability, qualifying applicants must have worked long enough — and recently enough — and accumulated at least 20 work credits. Generally, the older you are, the more work credits you need.
- Social Security Income (SSI): SSI requires no work credit requirements. Instead, it is a need-based benefit program that provides monthly payments to those with minimal income and assets.
To qualify for SSI in 2023, your gross wages or net self-employment income must be less than $1,913 monthly if you are an individual or less than $2,827 for couples. As SSA.gov mentions, other factors can influence your SSI eligibility.
Our Moundsville Social Security Disability lawyer in West Virginia can scan your eligibility requirements and assess if you qualify for SSDI. If not, we can review your eligibility for SSI instead. Our goal is to get approval for your initial application, so filing for the right program is critical in that.
For a free legal consultation with a Social Security Disability lawyer serving Moundsville, call 412-661-1400
Our Social Security Disability Attorney in Moundsville Can Assess if You Have a Qualifying Disability
The SSA refers to its Blue Book to determine whether your disability mentioned in your initial claim or appeals process qualifies for benefits. This resource encompasses all eligible physical, psychological, and intellectual impairments it considers for disability benefits.
Examples of eligible conditions include:
- Musculoskeletal disorders: Disorders of the vertebral column or upper or lower extremities that impact musculoskeletal function.
- Cardiovascular system: Disorders affecting the functioning of the circulatory system (heart, veins, arteries, capillaries, etc.).
- Mental disorders: Impairments under neurocognitive disorder, schizophrenia, psychotic disorder, autism spectrum disorder, eating disorder, and more.
You may qualify for benefits if your disability is not present in the Blue Book listing. In this case, SSA will evaluate if your disability prevents you from performing the job-related tasks you could do before becoming disabled.
Moundsville Social Security Disability Lawyer Near Me 412-661-1400
How Our Moundsville Social Security Disability Attorney Can Help With Applying for Benefits
If you have a disability, you may already be experiencing the pressing financial strain of being unable to work. Securing the expertise and guidance of a Social Security disability lawyer when seeking SSD benefits can help increase the likelihood of getting your application approved.
Here’s how Berger and Green can assist you:
- Assess your qualifications for SSDI and SSI.
- Prepare a compelling claim.
- File the initial application.
- Interact with the SSA on your behalf and provide any necessary information that may be needed.
- File all paperwork within the deadline.
- Represent you in front of the Administrative Law Judge.
If your initial application is denied — do not worry — we will use our over 40 years of experience to get your application another chance using the appeals process.
Did SSA Deny Your Claim? Our Social Security Disability Attorneys Could Appeal the Decision
The SSA rejects most initial applications. If you hit all the criteria for getting approved for benefits, you could still receive a denial notice.
Fortunately, the SSA gives applicants multiple opportunities to seek approval of their claims through its multi-tier appeals process. This includes:
- Reconsideration: You can request the SSA to review your case again and reconsider its decision within 60 days of receiving the notice of initial determination.
- Administrative Law Judge (ALJ) hearing: If the federal agency still denies your claim, you can request a hearing before the ALJ within 60 days of receiving the notice of reconsideration determination. This meeting can happen in person, over the phone, or through video, and your Social Security Disability attorney can represent you.
- Appeals Council Review: If the ALJ denies your claim, you can request an Appeals Council review within 60 days of receiving the hearing decision. You can also submit new evidence related to your disability at this stage.
- Filing a lawsuit with the U.S. District Court: If the Appeals Council denies your claim or rejects your request for a review, we can help you file a civil lawsuit with the local U.S. District Court within 60 days after receiving a decision from the Appeals Council.
Getting your initial application rejected does not mean you will never receive approval for benefits. For many claimants, denial is a minor roadblock to getting their claims approved. Our attorney will be by your side at every step as your claim traverses through the appeals process as needed.
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Call Us for a Consultation Today – Or West Virginia Social Security Disability Attorneys Can Help
Berger and Green works diligently to help individuals with disabilities receive the financial relief they need. From filing applications to navigating the appeals process, we fight to get SSD benefits applications the considerations they deserve.
Call us today to speak to one of our team members for a free consultation. Our Social Security Disability lawyer serving clients in Moundsville, West Virginia, clients are ready to assist you. We will answer all your questions regarding SSD benefits and explain the next steps you could take.