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Social Security Disability (SSD) is a benefits program that provides financial assistance to people with disabilities. If you or a loved one was in an accident or developed an illness that led to a partial or total disability, you may be eligible to file for SSD benefits. A Hickory Social Security Disability lawyer from our team can help you to do so.
Our North Carolina Social Security Disability lawyers at Farmer & Morris Law, PLLC, can guide you through the claims process and help gather materials to prove the validity of your disability. If you have already applied for SSD benefits but received a denial, our team can also help you navigate the often-complicated appeals process.
Two Types of SSD Benefits You May Be Eligible For
According to the Social Security Administration (SSA), there are two types of SSD benefits programs. Below, we’ll explain what they are and how you may qualify for them.
Social Security Disability Insurance (SSDI) Program
Social Security Disability Insurance (SSDI) is funded by Social Security taxes, so this program pays benefits to people who have worked a certain amount of time relatively recently, thus making them “insured” by their contributions to the program.
When an individual works a qualifying job in the United States, they earn work credits for this program. Self-employed workers pay into Social Security as a part of their income taxes, as well. This means that even if you were self-employed or a contractor, you may still be eligible.
To qualify for SSDI benefits, you must have the required work credits and:
- Meet the SSA’s disability criteria
- Be at least 18 years of age but not older than 65
- Be a U.S. citizen
In general, you may have a qualifying impairment if you cannot earn the current substantial gainful activity (SGA) limit because of your condition, symptoms, or medications. You can learn more about qualifying conditions in the SSA’s Blue Book or by discussing your claim with our team during a free consultation.
Supplemental Security Income (SSI) Program
The federal government funds Supplemental Security Income (SSI) through general tax revenues. This program is intended for people with limited income and resources. In some cases, people may qualify to receive both SSDI and SSI benefits, so our team can investigate whether you meet the criteria to receive both.
Because of how this program is funded, there are no work credit requirements for SSI. If you meet the other qualifications, you may receive benefits through the program. To qualify for SSI benefits, you must:
- Meet the SSA’s disability criteria, be blind, or age 65 or older
- Meet the SSA’s income and resources requirements, which consider wages, benefits, and pensions
It is worth noting that your housing situation may affect your claim for SSI. In general, you do not have to have a permanent residence to receive benefits, although there may be limits if you live in a public shelter. The SSA does restrict or limit benefits for some people who live in institutions, which include hospitals, nursing homes, long-term care facilities, prisons, and jails.
To learn more about disability benefits and the maximum amount you can receive, you can read the SSA’s online guide. Alternatively, a Hickory Social Security Disability lawyer can explain your options and what benefits you are most likely to qualify to receive.
Our Hickory Social Security Disability Attorneys Can Help You File
If you have recently become disabled, you’re likely dealing with stress from the changes to your life. You may be scared for your financial situation and your future. Trying to navigate the SSD process on top of it can feel intimidating. We can help prepare your claim and represent you as the case is being reviewed. Our team at Farmer & Morris Law, PLLC, serves people in Hickory and surrounding areas in North Carolina.
Below are some of the legal services we can help with:
- Complete the application process on your behalf: We will ensure all information on your application is accurate, honest, and complete.
- Gather evidence to support the benefits claim: We can retrieve evidence, such as medical records, to support your claim. If necessary, we can also request further medical evidence from your doctors or consult with medical experts.
- Monitor the case and keep you updated: We will keep you informed throughout the entirety of your case, including whether your application is accepted or denied. When you have questions or concerns, we will address them as soon as possible. We will also advise you on decisions you may need to make as developments occur.
- File an appeal on your behalf: If the SSA denies the claim, we can appeal their decision and guide you through the appeals process.
- Present the case in hearings: We can present your case in administrative and federal court hearings, if necessary, following a denial and unsuccessful reconsideration.
Our team is dedicated to helping you fight for the SSD benefits you qualify to receive. Our goal is to support you throughout the process. Contact our Hickory Social Security Disability lawyers today to get started on your case right away.
Our Team Can Also Help Appeal a Denied Claim for SSD Benefits
It is not unusual to apply for benefits and receive a denial, especially on your first attempt. It can be difficult to prove your case and show the Disability Determination Services examiner that you meet the necessary criteria for either SSD program. This can be frustrating, but it does not mean you will be unable to get disability benefits.
Most people who apply for SSDI or SSI are not approved based on their initial claim. Instead, they receive approval by appealing the denial and taking additional steps to prove they qualify.
We can help you navigate the SSA’s appeals process, which has up to four levels in the process. You generally have 60 days after receiving a denial notice from the SSA to file an appeal; however, you may not have to go through all four appeal levels. If you are successful in getting approved at one of the first levels, there is no need to continue with the process. Our goal is to make the process feel as smooth as possible for you.
The levels are:
Level 1: Reconsideration
The first level of appeal involves requesting reconsideration of your claim. A new administrator will review the claim with its original evidence, but you will also have an opportunity to submit new evidence if you have any, such as if you have had follow-up appointments with your doctor or further diagnostic exams done.
There are two types of reconsiderations: one focuses on your medical information, and another focuses on your financial circumstances, such as your income and living arrangements.
Level 2: Administrative Law Judge (ALJ) Hearing
If the claim is denied after being reconsidered, you can appeal and request a hearing before an Administrative Law Judge (ALJ). The ALJ will review the case in a hearing, which can be done close to your home or via video if necessary. During this hearing, you need to be prepared to answer questions about your condition, your work history, and the limitations you now have.
Many qualifying claimants are successful in getting their benefits approved at this stage, but do not be discouraged if you need to continue the appeals process.
Level 3: Appeals Council Review
If the ALJ denies the claim, you can appeal again and request a review by the Appeals Council. The council will evaluate whether the ALJ’s decision was in line with Social Security Disability regulations. During this time, you can submit additional evidence. The Appeals Council will either deny your request, grant your request and issue their own decision, or they may send it back to an ALJ for further review.
Level 4: Federal Court Review
If the Appeals Council denies your claim and you disagree with this decision, there is one final stage in the appeals process. You can opt to request a review from the federal district court, which involves filing a civil suit. We can represent you during this as well.
The federal district court will review the case and determine whether you may collect SSD benefits.
What Happens After You Win Your Appeal for Social Security Disability Benefits in Hickory?
After you win an appeal for your SSDI or SSI benefits, you will begin receiving monthly payments according to the current benefits schedule. You will likely also qualify for back pay. This covers the period from when you became disabled or the initial application date to the date your disability benefits begin. We will ensure you receive both the correct payment amount and an accurate check for your missed payments.
Back pay is generally paid as a lump sum for those on SSDI and as two or more separate payments for those on SSI. This is so you do not violate the limits set by SSI to qualify for benefits because of your back-pay payments.
You may continue to draw benefits for as long as you meet the qualifications. Depending on your age, qualifying disability, and other factors, SSA may review your case every few years. Depending on whether your condition improves or not, you may have a Continuing Disability Review every so often. However, if your condition is not expected to improve, reviews are only done every seven years.
Call Now to Have Our Hickory Social Security Disability Lawyers Review Your Case
Our legal team at Farmer & Morris Law, PLLC, can help prepare your disability claim for SSDI or SSI benefits or file an appeal if your claim was denied. Call our team for a free initial consultation and learn more about how a Hickory Social Security Disability attorney from our team can help.
