Social Security Disability Lawyer in Milwaukee, WI
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. SSA benefits serve to help those affected cover the cost of bills and other related expenses due to their injury or illness. Figuring out the claims process to receive SSA benefits however is not always easy or straightforward, and mistakes on your application can result in major delays or outright rejection.
Table Of Contents
- What Is Social Security Disability Insurance?
- 3 Tips To Help You Win Your Social Security Disability Appeal
- 3 Tips To Help You Win Your Social Security Disability Appeal Infographic
- Persistent Myths About Social Security Disability
- What Is Social Security?
- Listing Of Impairments
- Denial Reasons
- Reasons To Hire A Social Security Disability Lawyer
- Commonly Misunderstood Facts About Social Security Disability Insurance
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. It can be hard to find out if you have an illness or injury that qualifies for SSA benefits. If you aren’t sure if you qualify because of this, be sure to contact a Social Security Disability lawyer for counsel.
What is Social Security disability insurance?
Social Security disability insurance otherwise known as SSDI is a social insurance program under which workers are provided with the ability to earn benefits by working and paying Social Security taxes. The program provides benefits to disabled workers and their dependents, and for those who can no longer work due to disability the disability program is there to replace some of the lost income.
However the eligibility rules for Social Security’s disability or them differ from those of private plans or other government agencies, because Social Security does not provide temporary or partial disability benefits like workers compensation or veterans benefits do. This means there are very specific guidelines to receive disability as outlined under the Social Security act.
To receive disability benefits you must meet the definition of disability under the Social Security act, which states that a person is disabled under the act that cannot work due to a severe medical condition that has lasted or is expected to last at least one year or will result in death. The person’s medical condition must prevent them from doing work that they did in the past and it must prevent them from adjusting to another job.
The act defines disability so strictly, that Social Security disability beneficiaries are usually among the most severely impaired in the country, not to mention that the Social Security disability benefits actually put people on disability on a set income due to restrictions on how much they are allowed to have at one time.
However, disability is something that can happen to anyone at any age, you can be seriously injured or killed as a result of traumatic accidents, or medical conditions such as cancer or mental illness can alter your life.
There has been statistical research done that shows that more than one in four of 20-year-olds will never read retirement age without a disability. This may force them to rely on the Social Security disability benefits for incomes or, and disability benefits to provide a critical source of finances to people when they need it the most, however it does also limit them.
The number of people qualifying for Social Security due to disability benefits has increased, for over 60 years Social Security disability income has helped increase the number of workers and their families to replace lost income.
The Social Security office works aggressively to prevent, detect and prosecute fraud. They aggressively identify those who commit fraud and prosecute them aggressively as well. The most effective measures to guard against fraud is the cooperative disability investigations program which is a program that investigate suspicious disability claims early before make a decision to award those benefits.
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. Your case may be considered an exception. 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. They will assess your case and determine if you can still work part-time while collecting SSA benefits.
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. It is recommended to include whatever medical records you have that explain your condition as well as the necessary treatments that you have received or need in the future. Include records showing diagnostic tests, types of treatment, medication, and other expenses. 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. Be patient as your application is processed. 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 more documents you can include, the stronger and more compelling your application will be. Make sure that all of your submitted documents don’t contain errors or missing information, otherwise it may complicate the validity of your application. 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 is common for valid applications to be denied due to minor errors, insufficient information, or misunderstandings. Don’t lose hope if your application is initially denied, as there is still action you can take. 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. They will be able to guide you through your next steps, gather the necessary information and documents, and ensure that your appeal is done correctly.
Contact Hickey & Turim, SC to schedule a consultation with a Social Security Disability lawyer Milwaukee, WI residents know and trust.
3 Tips to Help You Win Your Social Security Disability Appeal
Many social security disability applications are denied when a claimant originally files for benefits. You should not be discouraged if your application is rejected on the first try. If your claim is denied, you have a right to an appeal. A social security disability lawyer in Milwaukee, WI can help you appeal any initial adverse determination so that you get the benefits you are entitled to. Here are a few things you can do to help make your appeal successful.
1. Gather Your Medical Records
If you have a disabling condition, you have most likely have had numerous doctor’s appointments or other medical visits. You will want to be sure to compile all the records from these visits including visit notes, discharge summaries, treatment instructions and lab results. The judge in your appeal will be looking at all the available documentation to determine if a disabling condition is documented. A social security disability lawyer in Milwaukee, WI from the firm of Hickey & Turim SC, can review all the medical records with you to make sure that the physicians you have seen have accurately reflected your condition in the medical record documentation. You may need to go back to the doctor to get additional records or to request that the physician prepare a letter or statement on your behalf.
2. Prepare for Your Hearing
The social security office will schedule a hearing to adjudicate your appeal. At the hearing, you will testify and may be asked questions by the judge about your condition. You may also present witnesses at this hearing who can offer evidence on your behalf. Representing yourself at an appeal hearing can be very stressful. You can hire a social security disability lawyer in Milwaukee, WI to be your advocate at the hearing and to handle your appeal. Your attorney can prepare you for how the hearing will go and anticipate questions that may be asked of you. Practicing your testimony with an attorney will be helpful to make sure that you are not leaving any key points out of your story.
An attorney will also help you develop a list of potential witnesses who may speak on your behalf at the hearing. If possible your social security disability lawyer in Milwaukee, WI from the firm of Hickey & Turim SC, will interview persons who are willing to testify for you to make sure that their statements will be helpful for your case.
3. Keep a Journal
In most cases, you will have to wait months or longer than a year for your appeal to be heard. During that time, you may develop additional problems that would be helpful to your case. To keep track of all the issues that your disability causes, you should keep a daily journal. A journal will help make sure you provide all the necessary information for your appeal.
Even if your original application for disability benefits is denied, an experienced social security disability lawyer in Milwaukee, WI can help you file an appeal. Making sure you are prepared and can adequately document your condition are ways to increase your chance of being approved on appeal.
3 Tips to Help You Win Your Social Security Disability Appeal Infographic
Persistent Myths About Social Security Disability
If you’ve been injured or fallen seriously ill, you may be unable to continue working. Social security disability payments are typically available under these circumstances. Some employees are reluctant to file a claim for disability because they believe in certain untruths. Speaking with a social security disability lawyer in Milwaukee, WI can prevent legitimate claimants from harboring discouraging misconceptions.
Social Security Disability Is Undeserved
Many people don’t understand that Social Security Disability Insurance comes out of worker paychecks. Therefore, those who draw SSDI are not financially draining others. They are simply drawing on monies they gave while employed. If need be, the attorneys at Hickey & Turim SC can prove to doubtful benefits providers that you paid into the program.
Social Security Disability Is Easy To Scam
You must meet strict requirements to qualify for SSDI. Those responsible for determining eligibility look closely at every applicant. These individuals understand that injuries are not always readily visible; they comprehend why examining medical records is one of their essential duties. Getting around the rules is rare, and those who do are likely to face a lawsuit. If you’re worried that you might be found guilty of cheating the system, hire a social security disability lawyer in Milwaukee, WI. Having a legal representative answer your questions is highly reassuring.
Social Security Disability Is Impossible To Get
It is, in fact, true that many people get denied when they apply for SSDI. However, applicants get multiple opportunities to file appeals. Make the most out of each attempt by hiring a social security disability lawyer in Milwaukee, WI. A legal professional with an understanding of how the system works can optimize your attempts at getting a ruling reversed.
Social Security Disability Approvals Vanish When You Start Working Again
Over time, your condition may improve, and returning to your job becomes possible. As great as this is, you never know when your health might deteriorate once more. Should this happen within five years of qualifying for SSDI, you do not need to reapply from scratch. It’s even possible to try out working again without sacrificing your benefits for a certain period. Hire an attorney at Hickey & Turim SC if a Social Security representative denies your request to have one of these trials.
When getting hurt prevents you from earning a paycheck, the pain you feel isn’t just physical. It also puts pain in your wallet. Take advantage of SSDI so that you suffer minimal financial discomfort.
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. A skilled and highly experienced Social Security disability benefits lawyer can explain to you everything you need to know about how it pertains to your case. 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 composed of many parts, and its structure can be difficult to comprehend. However, developing a basic understanding of how the SSA benefits program works if you have suffered an injury or illness and are looking to obtain the benefits that you are entitled to. 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. It is also important to understand your rights as a person with a disability so you can fight for benefits if your application is wrongly denied.
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. Today, many Americans are eligible to receive benefits from Social Security. 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 their retirement years.
How will I know when I can apply to collect Social Security?
In general, people can start to apply between the ages 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.
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 list 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. It is often not enough to include a handful of documents with your application. The more documents and records that you can add to back up your application, the better. It reduces the likelihood of any confusion, misinterpretation or other mistakes that could occur. 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.
Is there a reason why I would be denied Social Security?
There may be instances where a Social Security application is denied. It is not uncommon to have an application be 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. Many people count on receiving Social Security benefits to support them once they are no longer able to work. However, there is legal help available for those who find themselves in such situations, and they can choose to appeal the rejection. 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. This can be a frustrating experience for individuals, especially those who know they are eligible and have the documents to prove it. However, initial rejections are quite common unfortunately. There are several reasons for this, but thankfully a lawyer can provide urgent assistance. It is important to understand just what types of issues can cause the Social Security Administration (SSA) to deny a claimant’s application.
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, SC is ready to evaluate your case. Contact us today to schedule an appointment with our Social Security disability lawyer in Milwaukee, WI.
Commonly Misunderstood Facts About Social Security Disability Insurance
Here is a list of things that social security disability insurance is not:
1. It is Not Intended for Short-Term Injuries or Illnesses
Your illness or injury must prevent you from working for at least 12 months in order for your claim to be considered. There are other programs that may help support you if your illness or injury has a shorter duration, such as FMLA or workers’ compensation. Your social security disability lawyer in Milwaukee, WI can help you determine if you qualify for SSDI, but the best source of information on how long you will need to be out of work will likely come from your doctor.
2. It is Not Supplemental Income for Another Job
In many cases, you won’t be able to work another job while you are receiving SSDI, even part-time. There are strict limits on the amount of money that you can make each year and still remain eligible for benefits. This is because SSDI is only for those who are totally unable to work due to an ongoing or permanent illness or injury. If you can work a limited amount, you may want to consider getting assistance from another source. Your lawyer with Hickey & Turim SC can go over the details with you on what your individual SSDI earnings threshold is, as this may vary by individual.
3. It is Not Easy To Be Approved
SSDI is intended to be used only by those who most need it. As such, it can be very difficult to be approved for it. Hiring a social security disability lawyer in Milwaukee, WI can help boost your chances of being approved on your first application. A Hickey & Turim SC lawyer can help you keep track of the documentation you need to submit with your application. If your application is denied, your lawyer may be able to help you navigate the appeal process.
4. It is Not Just for Those Over 62 Years of Age
Traditional social security benefits start at age 62 (although it’s often better to wait until you are 65 or older to start claiming benefits). However, that age restriction doesn’t apply to social security disability insurance. SSDI can be claimed as young as age 18 as long as you have a qualifying condition and have earned enough work credits. Those under 18, or those who haven’t worked enough to qualify for social security benefits, may be able to get help through another program.
How Do I Get My SSDI Claim Approved?
As a Social Security disability lawyer in Milwaukee, WI knows, like one from Hickey & Turim, SC, disabilities can affect you in many different ways. Many people living with disabilities face many different struggles, from being able to afford the cost of treatment and other expenses. The Social Security Disability program is designed to help individuals who have a qualifying disability, which are usually severe. Many people rely on these benefits for financial support, but they can be hard to obtain. Here are some things that you should know about applying for disability benefits.
What do I need to prove my disability?
The Social Security Disability program is highly strict, compared to worker’s compensation or other benefit programs. For you to receive benefits, you must meet certain eligibility requirements. In order to prove that you have a disability, some of the main requirements include meeting the definition of a person with a disability and that you are unable to work because of your disability. Submit documents such as your employment history, Social Security number, any related medical reports by your primary doctor and other medical staff that you see for your care.
What disabilities are eligible?
There are a range of disabilities that a person must have so that they are eligible to receive benefits. These can apply to both adults and children. Qualifying disabilities include musculoskeletal disorders (arthritis), impairment of special senses (loss of vision or hearing), cardiovascular illnesses, issues affecting digestive system, and respiratory illnesses such as asthma. Talk to a Social Security Disability lawyer if you are unsure whether your disability qualifies.
What reasons can get a claim denied?
There are critical mistakes that can result in your claim getting denied. Filling out your claim with misleading or false information and forgetting to include details about your injury are common reasons for the denial of many Social Security Disability claims. There needs to be sufficient medical evidence that you have a disability. The reason your claim was denied could also be related to other factors, such as income, your disability is temporary or your disability is not severe enough. However, you can request an appeal if your claim was denied, such as for medical reasons.
What if I need a larger benefit amount?
Certain life changes may make you eligible to receive a higher benefit amount. Some of the qualifying life events include the death of a spouse and if you have a deceased adult child that was supporting you financially. There are other unique circumstances that may enable you to increase your benefit amount, so to learn more discuss your case with a lawyer.
If your claim was rejected the first time, you should not give up in trying to get your claim approved. It can be hard to obtain the Social Security Disability benefits that you depend on to support you when you have trouble getting your claim approved. Schedule a risk-free consultation with a Social Security Disability lawyer based in Milwaukee, WI and they will be able to provide you with legal assistance.