Clark Martin Law Firm

Denied Social Security Disability Benefits?

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Are you someone who is unable to work due to a disability and has been denied disability benefits? The process of applying for Social Security benefits can be incredibly challenging and complex, and it can be difficult to navigate without help. That’s why it’s essential to have a skilled Social Security Disability Lawyer by your side to guide you through the process.

Research shows that disability claimants who have legal representation are almost three times more likely to be granted benefits than those who don’t. Therefore, it’s highly recommended that you seek the assistance of an attorney experienced in the social security claims system.

We understand that the process of obtaining disability benefits can be overwhelming, and we’re here to help. Our website offers valuable information on different types of disabilities, the qualifications for benefits, and the procedures involved in getting your claim approved.

If you’re ready to take the next step and speak with a lawyer about your disability matter, don’t hesitate to call us now.


DO I NEED A DISABILITY ATTORNEY?

Are you wondering if you need to hire a disability attorney for your Social Security claim? Although it’s not mandatory, having an experienced attorney representing you can significantly increase your chances of winning your case.

Our team of knowledgeable staff can ensure that essential information is included in your Social Security file, and we have the skills to meet deadlines and avoid unnecessary delays. We will also contact your medical providers to obtain all relevant medical records and provide them with questionnaires designed to support a successful outcome.

In the event that a hearing is necessary, our attorneys will prepare a compelling legal brief outlining the basis for a favorable decision and will attend the hearing with you to present your case.

Don’t hesitate to contact us today for a free evaluation. We’ll help you determine whether hiring a disability attorney is the right choice for you.

WHAT DOES A DISABILITY LAWYER COST?

Are you wondering about the cost of hiring a disability lawyer? We operate on a contingency basis, which means you won’t pay any fees unless you are granted benefits. If you’re approved for benefits, Social Security will recognize that they should have been paying you all along and will calculate the amount owed to you in past-due benefits.

When you receive your past-due benefits, Social Security will withhold 25% and pay us directly. However, it’s worth noting that no money will go towards attorney’s fees from the day you are approved and onwards. This means that you can hire us even if you’re currently low on funds, and once your benefits are approved, you’ll receive your full benefit amount.

The Social Security Administration may take a considerable amount of time to approve SSDI and SSI claims, so if you’re unable to work for 12 months or more, it’s crucial to apply as soon as possible. Don’t worry if it all seems overwhelming – we’re here to help. Contact us today for a free consultation. Our attorneys are located in various convenient locations nationwide! Give us a call today to learn how we can assist you!

FAQ


What is a compassionate allowance?

In order to decrease the decision time for a claim, the SSA has identified a list of conditions that have already met their standards for disability benefits. This initiative was created to help those with serious disabilities by simplifying the process. There are two ways your condition will qualify you for benefits under the CAL Initiative.

  • If you have a listed illness or disease that is the same as listed in the schedule of diseases listed on the SSA website, you may automatically qualify for benefits.
  • If your disability has the same signs and symptoms as a disease listed on the schedule under the CAL Initiative, then you may qualify for benefits as well.

 Can I receive SSI and SSDI benefits at the same time?

In order to receive concurrent benefits, there are going to be two separate tests. The standard to receive benefits medically is the same in both programs. The difference between the two programs is your work history and income level. In order to qualify for SSDI, you must have worked for the last five years and paid into the Social Security system. If you qualify for SSDI and your monthly compensation is less than the maximum amount, currently $783, you could be eligible under the SSI program. Remember, you must qualify for each one individually. In order to qualify for SSI, you must not have income greater than the maximum nor can your net worth be greater than $3,000. This looks at both your income and your household income. For example, if you were receiving $500 for SSDI, you could qualify for $283 under the SSI program.

 Why do I need a lawyer to help me apply for SSDI?

Hiring an attorney to help you with your Social Security Disability application is beneficial as it can decrease the length of time it takes for you to get an approval. Their experience in these cases allows them to know what information and documentation you need to receive the maximum amount of benefits.


What happens if my SSDI claim has been denied?

There are two reasons for the denial. The first is that the SSA indicates that you are not qualified for either the SSDI or the SSI program, or both. This is based on your work history, your household income, and your net worth. Generally, unless you believe they are making an error as to what you paid into the social security system or your income level, this is not something that attorneys generally appeal. The second is that the SSA determines that you are not medically qualified for benefits–meaning they believe that you are able to perform gainful employment or your medical condition doesn’t qualify. This could be grounds for appeal. 

There are four levels of appeal at the administrative or agency level. In order of application, you begin by filing an initial claim. You then file for reconsideration, you then go before an administrative law judge for a hearing, and finally, you can appeal the administrative law judge’s decision before the appeals council. You can be approved or denied at any of those four levels. After you have exhausted all four agency levels, you can either start your application over and remain at the administrative level by filing a new initial claim. Or, you can file an appeal by the appeals counsel leaving the agency level and appealing to the federal district court.  

 If I don’t have enough work history, or any at all, can I still receive benefits?

Although you may not be able to receive SSDI benefits, you can still apply for Supplemental Security Insurance. Since this is a program based on financial need, you can qualify for these benefits if you do not exceed the Social Security Administration’s limit for income and/or assets.

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