According to the Social Security Administration, Social Security Disability is a benefit that someone is entitled to based on their work record. If you’ve worked for enough quarters prior to an injury or an illness that causes you to be unable to work for an extended period of time (at least 12 months), then you are able to file for disability based on your work record.
There’s also something called Supplemental Security Income that’s more of a needs-based income and is reserved for those that don’t have enough working quarters to qualify for Social Security Disability. Supplemental Security Income and Social Security Disability are both based on disability and the inability to return to any kind of gainful employment and both give out a monthly income to help people live and keep a roof over their head.
For many, getting Social Security Disability isn’t easy. In fact, most people will face a denial or other hardships during the application process.
Why Did I Get Denied?
A lot of denials are simply based on the fact that the Social Security Administration doesn’t gather all of the medical records that are pertinent to the case and don’t receive the medical opinions from the individual’s treating doctors and physicians. There are certain injuries, illnesses and medical conditions that qualify an individual under different requirements that the Social Security Administration has. If those medical records show that those medical conditions or those sections are met, then you will get approved at the initial or reconsideration stage.
On the other hand, for instance, for a back injury, there’s certain medical findings for a back injury that qualify someone for social security benefits and if the medical records aren’t submitted or physician statements aren’t submitted to the Social Security Administration showing that those requirements are met, you will get denied.
How can an Attorney Help with Social Security Disability?
An attorney knows the process, the waiting times and what needs to be submitted to the Social Security Administration. Your attorney will gather your medical records and make sure they get submitted on time. They will also make sure that your appeals get filed on time. The process can be daunting, so a good attorney will help you understand how long it will take and counsel you through the process, staying by your side through the application to the hearing, should there be one.
Often times, people get denied at the initial stage of filing for Social Security Disability and then they also get denied at what’s called a reconsideration stage. Once that reconsideration stage is denied, your attorney will then file for a hearing. This whole process often takes much longer than 12 months, often taking as long as 18 to 24 months to get to the hearing level. Once you’re at a hearing level, you want to make sure that you have someone representing you that knows what they’re doing so they can make sure to point the judge in the right direction and make sure they have the proper medical opinions and medical reports and that the judge can actually see the individual’s level of disability.
Overall, an attorney provides a lot of organization, a lot of understanding and a lot of communication. They make sure that the Social Security Administration gets what they need because if you’re claiming Social Security Disability, you have to make sure that you’re providing everything that the Social Security Administration needs and if that’s not happening, then their chances of getting approved are very, very small. A good attorney will make sure that all of that happens correctly.
If you are applying for Social Security Disability, contact the trusted attorneys at Stewart & Stewart. Give us a call at 1-800-33-33-LAW or visit our website for more information.