When you find yourself disabled and wish to receive the benefits of Social Security Disability, this can be a complicated process. With all the deadlines that must be met and the applications that need to be filled out, SSD claims can be tricky. This is why it’s crucial to seek assistance from a skilled Social Security Disability attorney in Charleston.
However, what if you or a loved one has suffered disabilities that qualify for this program but have faced a denial? If this turns out to be the case, it may be time to speak with a skilled South Carolina social security disability lawyer from the Shelly Leeke Law Firm. For more information about beginning a claim and your rights, continue reading.
What Is Social Security Disability?
Social Security Disability (SSD) is a program through the Social Security Administration (SSA) that provides financial help to those who have met the requirements for disability assistance. However, this will only be available to you if you are insured and have a valid Social Security number. To qualify for benefits from Social Security, you must meet specific criteria.
The three pieces of information that you must provide with your application include the following:
- Proof that you can no longer work at the job you had before your disability
- Evidence that your condition keeps you from finding other work
- Confirmation that your disability is long-term, lasting more than a year, and could result in death
Additionally, other documents must be provided. An extensive history of your work, medical records about your condition, financial records that include retirement accounts, and any workers’ compensation records should be handed in.
The Two Types of Disability Programs from Social Security
Social Security is generally split into two different categories for its two different programs. Both of these programs have their own requirements for claims, which we will explain in more detail below.
Social Security Disability Insurance
Social Security Disability Insurance (SSDI) has strict requirements when it comes to qualifying for this type of program. Ultimately, this program is established to bridge any time gaps between an individual getting hurt and their retirement age. Typically, you will only receive disability benefits for your disabilities after retirement age if you are making a minimum amount of money.
Supplemental Security Income
Supplemental Security Income (SSI) was created so that families and those over the age of 65 can receive assistance. Although there is no work requirement, there are stringent income requirements and limits to a person’s assets. Because this program will include the whole household, these benefits are difficult to receive.
A qualifying illness for disability benefits is the main route most will take when applying for benefits. However, some can get SSDI benefits without meeting the requirements of a disability because they have other serious disabilities.
With the assistance of our Charleston Social Security Disability lawyers, we can use an RFC, residual functional capacity application, which evaluates these three criteria of your illness:
- The type of work you do
- How long you are able to work
- How often you can work
Common Disabilities for Social Security Benefits
In order to qualify for SSD benefits, you will need to have substantial proof of a qualifying disability. Some of the common disabilities that will meet the criteria to receive benefits include:
- Muscular disorders
- Respiratory disorders
- Most immune system disorders
- Some mental disorders, such as autism spectrum disorder, severe depression, or schizophrenia
- Endocrine disorders
- Skin disorders
If you suffer from any of these disorders and other qualifying ones, you will need to provide medical records and other medical evidence when filing a claim. Our attorneys will assist you in collecting all the evidence needed to provide your case and have your denial reconsidered.
How Can Our Team of Charleston Social Security Disability Lawyers Help Your Claim?
If you have applied for SSD benefits but have been denied, we will need to take a look at why this has occurred. Some of the most common reasons you could have been denied include the following:
- Failure to complete your application
- Failure to have enough work credits for the benefits
- Failure to have recent enough work credits for the benefits
- Having an income exceeding limits for SSI
- Having assets exceed limits for SSI
We will assist you in countless ways. With our Social Security Disability attorneys in Charleston, we can apply for an appeal. We can receive a reconsideration or hearing in front of an administrative law judge.
Reconsiderations and Hearings
For cases of denied applications, reconsiderations and hearings go hand in hand. For reconsideration, your application is looked at again, and you will be asked to provide more information about your case. If this reconsideration application is denied, you will be able to request a hearing.
At your hearing, we will support you every step of the way and be there fighting in your corner. At this hearing, you will have the chance to explain more about your case and have the opportunity to ask for the decision to be reconsidered.
On the other hand, if the two above options don’t satisfy you, cases can be received in front of a federal court, or we can take your case to have it received by the court of appeals. No matter what happens, we will ensure that your case gets looked at again and will receive an appropriate settlement.
Reach Out to Our Charleston Social Security Disability Attorneys Today
Because many SSD applications get denied initially, our team has extensive experience in cases like this and is more than willing to assist you with whatever is needed throughout your claims process. From the denial notice, we will work with you to compile the necessary proof and documentation of your disability and urge the courts to take another look.
Contact the Shelly Leeke Law Firm today to speak with a Charleston Social Security Disability attorney if you have any questions about your denial or wish to begin your case. We understand that your well-being is very important, and with our support and guidance, we can give you peace of mind when moving forward.