How Do I Receive Social Security Disability Benefits?
If you’ve recently suffered an injury or illness that left you no longer able to work, you might be wondering if you can receive Social Security Disability benefits.
The first step in this process is to determine if you have a qualifying diagnosis or condition, as defined by the Social Security Administration (SSA). SSA defines a disability as a medical condition that will affect your ability to perform basic work-related tasks (such as sitting, standing, and communicating effectively) for at least 12 months. The majority of medical impairments considered to be disabling by the SSA are conditions that are permanent.
You must also have been gainfully employed in a job that was covered by the SSA prior to your disability, and you must have been employed in an SSA-covered job for a certain amount of time. If you aren’t sure if you qualify because of this, be sure to contact a Social Security Disability lawyer for counsel.
If I have a qualifying diagnosis, am I automatically approved?
If you have a qualifying diagnosis, you are automatically considered disabled by the SSA and you may be eligible to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). However, this means that you may qualify for benefits; it does not mean you are automatically approved. You still need to fill out an application and gather the supporting documents. The SSA requires you to prove the severity of your condition and show how your ability to work is affected.
Can I work while receiving disability benefits?
The short answer is that you cannot be employed full-time while collecting benefits from the SSA. However, in some cases, individuals may be able to work part-time. Each case is unique and the stipulations for SSDI and SSI are different. If this is something that may apply to your own case, you’ll want to contact a Social Security Disability lawyer in Milwaukee, WI for help.
What documents do I need to submit?
The more support you can show for your disability claim, the better your chances for approval may be. Most applicants are encouraged to submit documents such as:
- Employment history
- Proof of income
- Evidence of income loss due to disability
- Birth certificate
- Social Security number
- Diagnostic reports of the disability
The application timeline depends on your diagnosis and the supporting documents you can provide. It can take up to 90 days for an application to be reviewed and for a decision to be made. An important note is that almost 70% of claims are denied during the initial application phase; for this reason, it is imperative that you include as much documentation as you can. The SSA is looking for concrete evidence that shows an inability to stay gainfully employed as a result of your medical condition.
What if my application is denied?
If your application is denied, you’ll receive a letter from the SSA that clearly states why it was denied. It’s still possible to have your claim reconsidered through an appeals process, however. The SSA requires you to submit an appeal in writing within 60 days of being denied, so you’ll want to contact a lawyer as soon as possible if you’ve encountered this problem.
Social Security Benefits For Beginners
Those who think of social security and have no idea what this is all about can probably benefit from talking to a social security disability lawyer at Hickey & Turim in Milwaukee, WI. While the concept of social security may seem difficult to grasp, it can be summarized in simpler words so that beginners can understand what this program is all about. It is important for working people to know what social security is, so they are aware of how it can benefit them in their future after retirement.
What is social security?
Social security is a federal program that was established in 1935, to offer income to certain retired workers. It then expanded all over the United States to include the majority of the workforce. You may have heard people talk passionately about the pros and cons of this financial program. However, in the end, this program can essentially keep a person afloat enough to enjoy their retirement. A trusted social security disability lawyer in Milwaukee, WI knows that social security is what many Americans may rely on as their source of support in retiree years.
How will I know when I can apply to collect social security?
In general, people can start to apply between the age of 62 and 67. However, 62 is fairly early and is actually considered not quite retirement age. The age that a person can start receiving 100% of their benefits is 65. But if someone wants to collect social security before then, they may only receive a percentage of what their full benefit amount would have been if they waited longer. An experienced social security disability lawyer for Milwaukee, WI call tell you that those who can prolong using social security can increase their lot by 8% each year until 70 years old.
Is there a reason why I would be denied social security?
There may be instances where a social security application is denied. It can be financially and emotionally challenging to receive a letter of denial for a program that you have been paying into your entire working life. Those who feel they have been wrongfully denied may seek help from an attorney. Some of the reasons why this may happen can include:
- You have not earned enough working credits
- Your application had incorrect or blank information
- You filed too early (you have to wait until around 4 months before turning 62)
- You are already collecting social security disability benefits (retirement benefits serve the same purpose as disability)
What can I do about a social security denial?
After receiving a notice of denial from the social security administration, you can request an appeal within 60 days. You fill out a request for reconsideration, explain why you believe your application should be reviewed again, and supplement with any additional paperwork that emphasizes your points. A Milwaukee, WI social security disability lawyer can help a lot during this process. If this does not work, an applicant can request a hearing in front of a judge. If results are still not found, then the applicant will have to essentially sue the social security administration in federal court. If you are considering taking action to get your application approved after a denial, you may want extra support from a social security disability lawyer serving Milwaukee, WI. Call Hickey & Turim today!
A person who suffers from a chronic illness, has sustained a serious injury, or has other health conditions that have impacted their ability to earn a living may qualify for Social Security disability benefits. Unfortunately, as a social security disability lawyer in Milwaukee, WI can attest to, many Wisconsin residents who apply for benefits are initially denied. It is important to understand just what types of issues can cause the Social Security Administration (SSA) to deny a claimant’s application.
Listing of Impairments
SSA does have a listing of impairments that typically receive approval on the first application. These impairments are recognized as health conditions that do have a significant impact on a claimant’s life and their ability to work and earn income.
- Blood disorders, such as hemolytic or sickle cell anemia or bone marrow failure
- Cardiovascular conditions, such as heart failure or coronary artery disease
- Digestive tract problems, such as liver disease and inflammatory bowel disease (IBD)
- Immune system disorders, such as HIV/AIDS, lupus, and rheumatoid arthritis
- Kidney disease and genitourinary problems
- Mental disorders, such as depression, anxiety, autism, or intellectual disorder (low IQ)
- Musculoskeletal problems, such as back and joint injuries
- Neurological disorders, such as multiple sclerosis, cerebral palsy, Parkinson’s disease, or epilepsy
- Respiratory illnesses, such as COPD, cystic fibrosis, or asthma
- Senses and speech issues, such as vision and hearing loss
- Skin disorders, such as dermatitis and soft tissue injuries like burns
- Various syndromes, such as Sjogren’s Syndrome and Marfan Syndrome
There are many other health conditions and injuries that are not on the listing of impairments and when a person applies for benefits, their applications are usually denied on the first try.
Some of the more common reasons the SSA will deny disability benefits include the following:
The amount of time the condition has lasted: In order to qualify for disability benefits, a person must have had the medical condition or injury for at least 12 months. If it has not been a year or if the claimant’s condition is not expected to last more than 12 months, the application will be denied.
Financial resources and income of the claimant: Social Security Disability Insurance (SSDI) benefits are meant to provide financial assistance for a person whose medical condition prevents them from participating in “substantial gainful activity.” In order to meet that qualification, the claimant must not earn above a certain level of income. That current level of income is $1,310. If the claimant is blind, then the level is currently set at $2,190.
Proper documentation: As a Milwaukee, WI social security disability lawyer can explain, the SSA requires extensive documentation in order to process a claim for benefits. This can include proof of past income, medical records for the medical condition the claimant has that will show tests, treatments, medications, prognosis, and more. Failure to provide the required documents can result in claim denial.
Following medical advice and treatment: If a claimant has not followed all of their physicians’ instructions and recommendations, the administration may deny the claimant’s application for benefits for not taking all the proper steps that could enable them to become self-sufficient.
Functional capacity: When reviewing an application, the administration will also consider whether the claimant is able to either perform the work they had done prior to their health condition or injury and whether they could find future employment that could be adjusted to whatever limitations their conditions cause. If the SSA determines that the claimant could find suitable employment that would accommodate their condition, the claim could be denied.
Reasons to Hire a Social Security Disability Lawyer
If you have suffered an illness or injury that prevents you from working, Social Security disability benefits can provide you with the financial assistance you need. However, in order to receive these benefits, you must prove that you are indeed disabled by filling out and submitting paperwork. It helps to have an experienced lawyer by your side.
Here are some of the reasons you should hire a Social Security disability lawyer:
Most Social Security Disability Applications Are Denied
Getting approved for Social Security disability benefits isn’t a walk in the park. In fact, most applications get initially denied. Whether it’s due to missing paperwork or technical detail, having your application denied can be very frustrating. If you work with an experienced Social Security disability lawyer in Milwaukee, WI, you can improve your chances of getting approved the first time. Your lawyer will make sure that your application is accurate and complete before you send it in.
An SSD Lawyer Can Help You Gather Evidence
In order to get approved for Social Security disability benefits, you must provide various medical records to prove that you are actually disabled. Gathering all these records can be overwhelming on your own. A reputable Social Security disability lawyer in Milwaukee, WI has helped many other people in your situation and knows exactly the type of records you need to obtain. He or she will obtain these records on your behalf and send them to the Social Security Administration.
An SSD Lawyer May Help Your Application Get Approved Faster
If you are disabled, you naturally want to get your application approved as quickly as possible. If you work with a reputable Social Security disability lawyer in Milwaukee, WI he or she may be able to speed up the process and get your application approved in a more timely manner.
You Won’t Owe Any Money Upfront
When you are no longer able to work due to a disability, money is probably tight. The good news is that you don’t have to worry about owing a Social Security disability lawyer Milwaukee, WI any money upfront. This is because these lawyers work on a contingency basis. He or she will take a percentage of the Social Security disability benefits you receive.
Your SSD Can File the Necessary Appeals
If your application does get denied, your Social Security disability lawyer Milwaukee, MI won’t stop there. He or she will help you file an appeal in a timely manner and get your case heard again. Your lawyer will prepare you for the court appearances you will have to go to and be there on your side every step of the way.
As you can see, there are many benefits to working with a Social Security disability lawyer in Milwaukee, WI. If you have recently become disabled and can no longer work, you may want to consult with a reputable Social Security disability lawyer in Milwaukee, WI. He or she can review your case for free and help you file the necessary paperwork.
Hickey & Turim, S.C. is ready to evaluate your case. Contact us today to schedule an appointment with our Social Security disability lawyer in Milwaukee, WI.