Legal Support For The Discouraging Social Security Disability And SSI Process
Last updated on August 2, 2024
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.
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, 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.
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, 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.