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If you can’t work or earn a living due to a disability, you might be entitled to benefits through a Social Security Disability program. These benefits are important, as they help many people who are unable to work remain financially afloat. However, securing benefits through these programs is not always easy. That’s where our Beaufort Social Security Disability lawyer comes in.
If you are considering an application for Social Security Disability benefits, you do not have to shoulder this burden alone. Our Beaufort personal injury lawyer could help you get the benefits you deserve. You can reach out to our legal team at Schiller & Hamilton today for a free consultation.
Our Law Firm in Beaufort Handles Social Security Disability Claims
Social Security Disability includes two distinct programs with two unique purposes. Each of these programs is overseen by the Social Security Administration (SSA). Despite the name, there are situations where these benefits are available to someone who is not disabled.
The first program, known as Social Security Disability Insurance (SSDI), is intended to pay benefits for workers who are unable to maintain their employment due to a disabling injury or illness. Additionally, Supplemental Security Income (SSI) exists to provide benefits for people facing financial hardship that meet other specific requirements.
Qualifying for SSDI With Guidance From Our Social Security Disability Lawyers
There are two elements every person must meet to qualify for SSDI benefits. A person must be disabled according to the definition set out by the SSA. A condition qualifies as a disability if it prevents you from performing substantially gainful activity. Substantially gainful activity includes being able to work for a living or to perform tasks that would normally result in being paid.
These conditions must also be likely to either result in death or last for at least one year. Some conditions—like types of cancer—are automatically treated as a disability. Other conditions like depression could count as a disability, but you might have to provide medical records to meet the SSA’s requirements.
The second element for SSDI eligibility is having the necessary number of work credits. To obtain the full benefits available, you will need 40 work credits over the past 10 years. Working full-time, you will generally accrue four work credits each year. A reduced number of work credits could decrease the benefits available to you or even result in the denial of your claim.
Do You Qualify for SSI Benefits?
The requirements for SSI are very different from SSDI. For starters, these benefits are not limited to someone with a disability recognized by the SSA. Instead, you could qualify for SSI benefits if you are disabled, blind, or age 65 and over.
There is another important qualification to be aware of for SSI benefits. You will only qualify for benefits if your assets and income are below a certain threshold. When you hire our Social Security Disability lawyers, we can help you gather the documentation you need to prove you qualify. We are here to advocate for you throughout the disability claims process.
You Can Appeal a Denied Social Security Disability Claim in Beaufort
Having your claim for Social Security Disability benefits denied can be especially frustrating. Thankfully, a Beaufort Social Security Disability lawyer from Schiller & Hamilton could help you get the benefits you deserve by appealing your denial. In total, there are four steps in the appeals process. Every one of these stages could result in a reversal of the decision against you:
You Can Ask For the SSA to Reconsider Your Case
If you receive a decision you disagree with, you have 60 days to formally ask the SSA to reconsider. This can be done when your claim is denied, when your existing benefits are revoked, or when you receive a lower award than you deserve.
At this stage, a different party within SSA other than the person who originally denied your claim will review that decision. If they decide the denial was inappropriate, they can reverse the decision. At this stage, only the evidence provided with the original application is considered.
You Could Have Your Case Heard by an Administrative Law Judge
If reconsideration does not go your way, you have the right to appeal the decision to an administrative law judge (ALJ). You also have 60 days from the date you are notified of the denial to formally request an ALJ hearing.
These hearings are similar to a trial, even though they take place within the SSA as opposed to the court system. You have the right to hire injury lawyers to advocate for you at these hearings, and you also have the opportunity to provide additional evidence when necessary.
The Appeals Council Could Consider Your Case
The Appeals Council is the highest appellate level within the SSA. This full council review could result in having your denial reversed—if they agree to hear your case. The Appeals Council is not obligated to hear every case, and they only review denials where there is the possibility that a mistake was made.
Our Social Security Disability Lawyers will guide you through your legal issue and advocate for the financial relief you need.
Your Final Option Is to File a Lawsuit in Federal Court
Your final option is to file a lawsuit in Federal Court. This option is available whether the Appeals Council agrees to take up your case. At this level, a federal judge will review all the information from the previous levels and determine if the denial was made in error.
Talk to Our Beaufort Social Security Disability Law Firm Today
If you are considering an application for Social Security Disability benefits, having an attorney by your side could help you. You could be entitled to compensation, but getting the benefits you deserve is often difficult on your own.
The team at Schiller & Hamilton is ready to help you pursue your claim every step of the way. Contact our Beaufort Social Security Disability team right away for a free initial consultation.