When you have suffered a disability, you may have no idea how you will pay your bills and take care of your family. Fortunately, the Social Security Administration (SSA) oversees programs that offer critical benefits for eligible disabled individuals.
One of these programs, Social Security Disability Insurance, or SSDI, assists Americans who can no longer work due to a disability. Under this program, SSA pays monthly benefits to eligible disabled individuals who have worked for a specific number of years and paid Social Security taxes. But applying for these benefits can be complicated, and the majority of applicants can experience extensive delays in getting benefits or are even outright denied.
If you are a disabled individual who is struggling to get SSDI, or you feel you have been denied unfairly, you may benefit from having an experienced disability lawyer look over your case and advocate on your behalf. At Silver & Silver, our Upper Darby law firm has represented individuals in disability cases for over 40 years, fighting to get them the help they need and deserve. Let us help you.
What are the Eligibility Criteria for Social Security Disability Insurance?
Not all disabled individuals may be eligible for SSDI benefits. Under Social Security law, to qualify for these benefits, you must
- Meet Social Security’s definition of disability
- Have worked and paid Social Security taxes to have earned 40 work credits or more
- Have a physical or mental disability that keeps you from working for at least a year or is expected to result in your death
You cannot collect SSDI if you have a short-term or partial disability (ie. less than 12 continuous months.)
If you are disabled and have limited income or financial resources, Supplemental Security Income (SSI) may be an option for you. Qualification for SSI is needs-based, and it does not matter whether you have worked in the past or accumulated work credits.
Has Your SSDI Claim Been Denied?
You are in good company if your Social Security Disability Insurance claim has been denied. According to the Social Security Administration itself, from 2010 to 2019, the percentage of denied disability cases averaged 67 percent.
Common reasons for a denial include:
- The claim lacked sufficient medical evidence to support it.
- The individual earned too much income.
- The person had received previous denials but had not filed for an appeal.
- The individual failed to cooperate with SSA’s requests for additional documents.
- The person failed to follow the treating physician’s medical guidance and treatment plan.
While you are entitled to appeal a denial, you have a limited time to do so, and the appeal process can be complicated and time-consuming. Fortunately, with the help of our experienced Upper Darby Social Security Disability lawyers at Silver & Silver, you will have skilled step-by-step guidance in navigating the appeal process to ensure your best outcome possible. We will:
- Conduct a complete analysis of your Social Security file
- Prepare your appeal case
- Gather all medical documentation in support of your claim
- Request other forms and narratives to further reinforce your case
- Prepare you and your witnesses for your appearance before the Administrative Law Judge (ALJ)
- Cross-examine any vocational and medical professionals SSA may have called to testify at your hearing
- Further appeal your case before the Appeals Council or the Federal District Court, if necessary
Don’t Face the Social Security Administration Alone
If you are disabled, you may be relying on critical SSDI benefits to take care of yourself and your family. Every moment can seem like a lifetime when you’re waiting. Suffering a denial can add insult to injury, and facing the Social Security Administration on your own can be frustrating and intimidating.
At Silver & Silver, our experienced Social Security Disability lawyers in Upper Darby fully understand the process, from application to appeal. Whether we assist you with your initial SSDI application or prepare you for the appeal process, we will diligently work to get you the benefits you need and deserve. Call us at (610) 638-7255 or contact us through our contact form to schedule a free consultation.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.