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When a disability prevents you from working and earning a living, Social Security Disability (SSD) benefits can be a vital source of financial assistance for your medical bills and basic needs. While not everyone with a disability qualifies for SSD benefits, some individuals meet all the requirements but still have their claims denied.
If you want to file for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) or have had your claim rejected, a Greenville Social Security Disability lawyer can help.
Our team is ready to help you navigate the complex Social Security Disability system and seek disability income and benefits, whether through filing a strong claim or appealing the Social Security Administration’s decision.
Applying for Social Security Disability can be laborious. It often involves long wait times and apprehension, especially if the Social Security Administration (SSA) denies your initial claim.
Working with a legal team that has helped thousands of Social Security benefits applicants and has over 40 years of experience may put you at an advantage in dealing with the Social Security Disability system. Here are some ways our team can serve you:
The SSA offers two programs for those who cannot support themselves due to severe and long-term disabilities. Once your Social Security disability lawyer serving Greenville reviews the details of your case, they can inform you which benefit program’s eligibility criteria you match.
SSDI is an earned benefit available to individuals who have worked and paid Social Security taxes. You may qualify for benefits if you:
SSI provides monthly payments to disabled individuals to help with basic needs such as food, clothing, and shelter. To qualify, you must have income and assets under a certain limit.
According to SSA’s Code of Federal Regulations § 404.1505, a qualifying disability refers to the “inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”
Note that SSA’s disability definition may differ from the medical definition of disability. SSA focuses more on your ability to engage in Substantial Gainful Activity (SGA), even with limitations.
To determine if you have a disabling condition, the SSA may consult “the Blue Book,” which contains a comprehensive list of disabling impairments. It also includes severity criteria you must meet to qualify for benefits. Examples of conditions that may qualify include:
This list is not exhaustive, but it provides a sense of the types of impairments that may meet SSA’s definition of disability.
To qualify for SSDI or SSI, you must show the Social Security Administration that your condition prevents you from working. A strong claim is built on detailed, consistent evidence.
The SSA will not simply take your word for it. The agency requires proof that supports your disability and its impact on your ability to work. Key types of evidence include:
Incomplete or inconsistent evidence is one of the reasons claims are denied. An SSDI and SSI lawyer in Greenville, PA, can help identify what evidence is missing, request the right records, and present them in a way that strengthens your case.
The Social Security Disability benefits process contains five steps. The first step is the initial application stage, and the other four encompass the appeals level. At each stage, your claim will either be approved or denied. If denied, you will have 60 days to request an appeal.
Since many applicants have their claims denied initially, we are fully prepared to appeal SSA’s decisions through the different appeals levels.
To begin your path to benefits, you must first file the SSI or SSDI application and submit it with the SSA in person, via telephone, via mail, or online.
For Greenville applicants, the SSA does not have an office within borough limits, but the SSA website offers an office locator with details about the closest location.
After SSA verifies the non-medical requirements, such as your age, employment, and marital status, they will send your application to Disability Determination Services (DDS). This state-level agency will verify your disability’s legitimacy, determine your eligibility for the benefits program, and decide whether you’re disabled according to SSA’s definition.
SSA denies about two-thirds of applications. However, a denial does not mean you aren’t eligible for benefits. Appeal stages present more opportunities to get your claim approved. Understanding why claims are denied can help applicants avoid mistakes and strengthen appeals.
Some of the most common reasons for denials include:
Being denied does not mean you are not eligible. Many applicants ultimately receive benefits after appeal. Our disability lawyers can help identify the reason for a denial and build a case for reconsideration or a hearing.
If SSA denies your first application, you can file for an appeal and ask the SSA to review their initial verdict.
Once you have filed the appeal, your application goes through the same process as before, but a new DDS representative will look at the previously submitted information and any new evidence before approving or denying your claim. If the reconsideration is denied, you can request a hearing with an Administrative Law Judge (ALJ).
In this stage, a Judge who did not participate in the reconsideration stage will review your case. The ALJ will review all your medical evidence, and you can speak about the limitations you experience because of your disability. The Judge may also ask medical and vocational experts about your limitations.
The hearing can occur in person, via phone, or via video conferencing. We understand that it can be intimidating to speak before a Judge. But don’t worry — our SSD lawyers will prepare you for the hearing, so you know what to expect.
Our Greenville, PA disability attorneys will request an Appeals Council review if the Judge denies your claim again. If the Appeals Council grants your request for a review, it will either affirm the ALJ’s decision, approve your claim, or return your claim to the ALJ for further evaluation.
If the Appeals Council denies your claim, the final step is a lawsuit in federal court.
Contact us today to speak with a Berger and Green team member and learn more about us. We will review the facts of your case and inform you of your rights and options for seeking benefits. Our Greenville Social Security Disability attorneys look forward to serving you.