If you’ve been injured or diagnosed with a disability that prevents you from working, you may be entitled to receive Social Security disability benefits. However, applying for these benefits can be challenging, requiring you to have medical documentation, submit corresponding paperwork, and adhere to all deadlines. Many times, claims are initially denied due to paperwork errors or insufficient evidence.
At Thomas Law Offices, we understand how important these benefits are to you and your family. Our Louisville Social Security disability lawyer is here to help guide you through the process.
From the initial applications to appealing denials, our team can help get you the financial support you need for your medical condition.
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How Do I Qualify for Social Security Disability Benefits?
To get these benefits, you will need to meet specific criteria established by the Social Security Administration (SSA). First, you must have a severe medical condition that prevents you from working. Along with that, your condition must be expected to last at least 12 months or result in death. Some of these conditions may include:
- Severe physical injuries: Spinal cord damage, traumatic brain injuries, or chronic back pain.
- Chronic illnesses: Cancer, heart disease, and autoimmune disorders.
- Mental health conditions: Severe depression, anxiety, PTSD, or schizophrenia.
- Neurological disorders: Multiple sclerosis, Parkinson’s disease, or epilepsy.
You must also have earned enough work credits by paying into Social Security through your employment history. Sometimes, you might have questions about your eligibility. In these cases, our experienced Louisville Social Security disability lawyer can assess your situation and help determine whether you meet the requirements for benefits.
What Benefits Could You Receive?
When you get an approval for your application, you could be entitled to several types of benefits, such as:
- Monthly payments to provide financial support to help cover your living expenses. The amount you receive is based on your average lifetime earnings before your disability occurred.
- Retroactive payments dating back to the onset of your disability if you applied within a specific timeframe.
- Medicare eligibility is available after receiving Social Security Disability Insurance (SSDI) benefits for 24 months.
If you are unable to return to work, these benefits provide a financial lifeline when you cannot work. However, if you have received a denial, it can leave you with plenty of questions. You might not know what to do next. In these situations, contact our legal team at Thomas Law Offices. We will determine the reasons for the denial and help you rectify the situation so you can receive these entitlements.
Why Do Social Security Denials Occur?
Unfortunately, many individuals who apply for Social Security disability benefits face denial at some point during the process. According to SSA data, approximately 67% of applications are denied. The most common reasons for denial include:
- Insufficient medical evidence: If your medical records do not show the severity of your condition, your claim could be rejected.
- Failure to follow prescribed treatments: If the SSA believes you have not followed the recommended treatments or therapies, they may deny your claim.
- Lack of proper documentation: Sometimes, incomplete forms or missing paperwork can lead to a denial.
When your claim is denied, you might feel frustrated and discouraged. However, you have the right to appeal this decision. In these cases, you need a knowledgeable lawyer to guide you through this process. You want to make sure you present a strong appeal for your case.
What Happens During the Appeals Process?
If your claim has been denied, don’t give up hope. Many times, applicants can successfully receive benefits after going through the appeals process. There are multiple stages, including:
Reconsideration
During reconsideration, the SSA will review your application again and look at any new or additional evidence that may strengthen your case. This evidence could include:
- Updated medical records or treatment notes
- Testimony from doctors or specialists
- Additional details about your inability to work
- Additional documentation or corrections to any initial errors
While reconsideration denials are still common, this step allows you to correct any missing or incomplete information from your initial application.
Hearing Before an Administrative Law Judge (ALJ)
After this, you can also request a hearing before an administrative law judge. This is your first chance to present your case in person. During the hearing, you will be able to explain your situation directly to the judge.
While the ALJ hearing is less formal than a trial, you still want to be well-prepared. At this step, the ALJ’s decisions often favor the claimants since they will consider all the evidence, including your own testimony.
Appeals Council Review
If the administrative law judge issues an unfavorable decision, you can request a review by the Social Security Appeals Council. They will review:
- The ALJ’s decision
- All the evidence submitted in your case
- Any new arguments or evidence you wish to present
In these cases, there are three actions that can happen:
- Deny your request for a review
- Send your case back to the ALJ
- Issue a new decision
Federal Court Review
If you are still facing a denial, you have one more option: file a lawsuit in federal district court. With that, you can take your appeal from the SSA and present it to a federal judge to review your case.
Like any lawsuit in federal court, you will need to submit legal briefs outlining the errors in the SSA’s decision-making process. Many times, you might have to present oral arguments before a federal judge. They will make a thorough legal review of your case based on Social Security laws and regulations.
If the court finds that the SSA improperly denied your claim, you can get a favorable outcome. However, a denial could mean the end of your options.
Working with a skilled Louisville Social Security benefits lawyer ensures you are well-prepared for every phase, from reconsideration to federal court review. In turn, that can give you the best possible chance at a successful outcome.
You Need a Social Security Disability Lawyer for Your Case
Dealing with the Social Security benefit process can be stressful. At Thomas Law Offices, we can provide the guidance and support you need to maximize your chances of receiving benefits. We can assist with:
- Preparing and filing your initial application to make sure all necessary documentation and medical evidence are included.
- Appealing your denied claim so that you can swiftly work through every step of the reconsideration and hearing process.
- Negotiating with the SSA to ensure you receive your full entitled benefits.
If you’ve been denied or are unsure how to proceed with your SSD claim, contact our team. We’re ready to fight for your rights and help you get the benefits you deserve.
Our Louisville Social Security Disability Lawyer Is Here to Help
If you or a loved one are struggling with a disability and need help securing Social Security disability benefits, the legal team at Thomas Law Offices is here to assist.
Our Louisville Social Security disability lawyer understands the importance of these benefits to you and your family. For that reason, we will work tirelessly to get you the support you need.
We’re here to discuss your case and help you proceed through the SSD process.
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