Legal Support For The Discouraging Social Security Disability And SSI Process

Applying for Social Security Disability (SSD) benefits is complicated and can often be a highly discouraging and frustrating process. It almost seems to be the rule that all initial applications are rejected, a decision that can discourage applicants. However, you are not alone, as approximately three-quarters of applicants receive immediate denials.

Sadly, at that point, many choose to give up, thinking that the final “verdict” has been rendered. But, with the help of an experienced attorney, you can obtain the benefits you need and deserve. At Fuller Wallner, Attorneys at Law, our lawyers possess experience and insight into the complex and in-depth knowledge of the SSD process. They strive to protect the rights of Bemidji and greater Minnesota residents who are suffering from disabilities and are unable to work.

Qualifying For Social Security Disability Benefits

To qualify for benefits, you must show that, due to a physical or mental impairment, you cannot work to earn what is considered a substantial income. The disability must be proven and last a significant amount of time. From there, you will need to schedule a hearing before a federal judge within 60 days of the denial.

The application is only the beginning. Applying for benefits requires an interview with the Social Security Administration. Meetings can occur in person or by phone. A significant number of forms are required for review and signature as well.

Common Mistakes To Avoid During The SSD Application Process

Applying for Social Security Disability (SSD) benefits can be challenging, and mistakes may lead to delays or denials. Here are some common pitfalls and how to avoid them:

• Incomplete or inaccurate information: Ensure all your application details are correct and comprehensive, including personal information, medical history and employment details. Missing crucial medical records, such as test results or doctor’s notes, or not following prescribed treatments can harm your case. Keep thorough records and follow your doctor’s advice.
• Misunderstanding eligibility criteria: Before applying, verify that you meet the basic eligibility requirements. This can save time and effort.
• Procrastination: Delays in submitting your application or responding to requests can hurt your chances. Stay organized and respond promptly to any communications from the Social Security Administration.
• Lack of professional guidance: Consulting with an experienced SSD attorney can provide clarity and prevent costly errors.

Important points to remember from the beginning of the process include gathering as much evidence as possible to support your claim, being aware of and adhering to the deadlines involved and consulting with a skilled SSD lawyer who understands the process and requirements.

Options Following A Denial

Should your initial application fail to secure benefits, appeals and reconsiderations are an option. Various options for appealing a decision exist. All of them have strict deadlines and require total adherence. The slightest oversight or misstep carries dire consequences, particularly if you have a legitimate disability.

You are not alone in your frustration. For many applicants, SSD benefits feel like an uphill climb with seemingly no end in sight other than continuous rejections. Our disability attorneys at Fuller Wallner, Attorneys at Law, help to even the odds for SSD applicants facing off against an extremely powerful government entity. We can also help if you were injured on the job and are seeking both workers’ comp and SSD benefits.

Understanding The Appeals Process

If your initial SSD application is denied, don’t worry – you can appeal. Here’s a breakdown of the four stages of the appeals process and the timelines for each:

1. Reconsideration

You can request reconsideration through the Social Security Administration (SSA). This involves a fresh review by a different examiner and medical team from your state’s Disability Determination Services (DDS). You have 60 days from the date of your denial to request a reconsideration.

You can submit additional evidence, such as new medical records, to support your case. Reconsideration decisions typically take about 150 days, and approximately one in nine requests result in an approval.

2. Hearing before an administrative law judge (ALJ)

If reconsideration doesn’t change the outcome, you can request a hearing with an ALJ. You can do this online or by submitting form HA-501. You can attend the hearing in person, by phone or via video.

Although the wait time for a hearing can range from eight to 24 months, the hearing usually lasts under an hour. After the hearing, it may take weeks or months to receive a decision. Recent data indicates an approval rate of around 60% at this stage.

3. Appeals Council

If the ALJ denies your claim, you can seek a review by the SSA’s Appeals Council. You can file online or use form HA-520. The council reviews the judge’s decision and any new evidence. They may uphold, modify, reverse the decision or order a new hearing. On average, it takes about a year for the council to decide.

4. Federal courts

As a last resort, you can take your case to federal court if the Appeals Council denies your appeal. This involves filing a lawsuit in U.S. District Court and, if necessary, appealing to the U.S. Circuit Court of Appeals. The notice from the Appeals Council provides guidance on how to proceed.

Throughout every stage of the appeals process, having a skilled disability lawyer is crucial. They can help gather evidence, prepare your case and represent your interests effectively.

Frequently Asked Questions About Disability Benefits

Our disability attorneys know how confusing the application and appeal process can be for disability benefits. They have helped hundreds of clients. Here, our disability benefits lawyers answer some of the questions they get asked the most. For answers to other questions or questions about your specific case, we invite you to schedule an initial consultation.

What is the difference between SSDI and SSI?

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both federal programs that provide financial assistance to people with disabilities. However, they have a few key differences:

• SSDI benefits are based on your work history and the amount you have paid into Social Security through payroll taxes. You must have a sufficient work history and be considered disabled to qualify.
• On the other hand, SSI is a need-based program that provides financial aid to disabled individuals with limited income and resources, regardless of their work history.

If you are unsure which type of Social Security benefits you might qualify for, one of our experienced disability attorneys at Fuller Wallner, Attorneys at Law, can help you determine which program best fits your situation. They can also assist you with the application process and an appeal if your application is denied.

What are the three types of Social Security benefits?

There are three main types of Social Security benefits. These include:

• Retirement benefits: Retirement benefits are available to individuals who have paid into Social Security during their working years and have reached the eligible retirement age.
• Disability benefits: Disability benefits, such as SSDI, provide financial support to individuals who are unable to work due to a qualifying disability.
• Survivor benefits: Survivor benefits offer financial assistance to the family members of a deceased worker who paid into Social Security.

A disability lawyer can help you navigate these benefits to ensure that you receive the support you need.

When do full retirement benefits begin?

Full retirement benefits from Social Security begin at your full retirement age, which varies depending on the year you were born. For those who were born between 1943 and 1954, the full retirement age is 66. For those born in 1960 or later, it is 67.

However, you can choose to start receiving your benefits as early as age 62, but your monthly benefit amount will be reduced. Conversely, if you delay receiving benefits past your full retirement age, your monthly benefit amount will increase.

Who can receive survivor benefits?

Survivor benefits are available to certain family members of deceased workers who paid into Social Security over the course of their lifetimes. Eligible recipients include the deceased worker’s spouse, children and sometimes even their parents. A surviving spouse can receive benefits starting at age 60 (or 50 if they’re disabled). Children can receive benefits if they are under 18, or up to age 19 if they are still in high school. In some cases, dependent parents can also qualify. If you need assistance with survivor benefits in Bemidji, a disability lawyer can guide you through the eligibility requirements and application process.

Can divorced spouses receive survivor benefits?

Yes, divorced spouses can receive survivor benefits under certain conditions. If you were married to the deceased worker for at least 10 years and are currently unmarried, you may be eligible for benefits. You must be at least 60 years old (or 50 if you’re disabled) to qualify. The benefits you receive as a divorced spouse will not affect the benefits of other survivors. A disability attorney in Bemidji can help you determine your eligibility and assist with the application process, ensuring that you receive the benefits you are entitled to.

Contact Our Minnesota Law Office Today

For more information or to schedule an initial consultation, call our Bemidji-based firm at 218-203-9710. You can also contact us on our website and tell our team more about your legal challenges. You can count on our skilled attorneys for a quick response.