Alabama Social Security Disability Attorneys

Losing your ability to work due to a serious injury or condition can leave you feeling overwhelmed and helpless. The inability to provide for yourself and your family can be incredibly frustrating. While there is relief available through Social Security Disability benefits, not everyone gets approved.

At Greene & Phillips, we understand how important these benefits are to you and your family. Our experienced disability benefits attorneys will guide you through the process of applying for benefits or throughout the appeals process if your claim has been denied. Contact our office now for a free consultation.

Social Security Disability Benefits (SSDI)

If you have been working and paying into Social Security, then SSDI could be a safety net for you if you’ve been sidelined with an injury or debilitating condition. This is a government program with a long list of requirements, and securing benefits is never easy.

To start, you must meet the basic requirements of eligibility, which are that you:

• Are a U.S. citizen or legal resident;
• Can provide evidence that you are suffering from a disability that will last at least one year, or may result in your death; and
• Can prove that you have earned enough work credits within a specified time frame before becoming disabled.

The Social Security Administration (SSA) only pays benefits for total disability, which the agency defines as:

• You are unable to do the work you did before;
• You cannot adjust to other types of work because of your injury or condition; and
• Your disability has already lasted, or is expected to last, at least one year, or result in death.

The SSA maintains a list of qualifying medical conditions for SSDI, although having some other debilitating injury or condition can also qualify if you can prove your case. The following are physical and mental impairments that may qualify for SSDI benefits:

• Cardiovascular conditions
• Respiratory disorders
• Digestive disorders
• Musculoskeletal problems
• Genitourinary disorders
• Special senses and speech issues
• Hematological disorders
• Skin disorders
• Congenital disorders
• Endocrine disorders
• Cancer
• Neurological disorders
• Immune system disorders
• Mental disorders

Within each category, the SSA has specific guidelines for qualification. For example, a digestive issue, such as ulcerative colitis, must have caused chronic anemia, severe weight loss, or a physical abnormality such as an abscess to qualify for benefits.

How the SSDI Application Process Works

The SSDI application process can be lengthy and confusing. It starts with your initial application to the SSA, where you fill out an application form and submit it with medical evidence and other supporting documentation. If you are like a majority (70%) of applicants, you’ll receive a notice of denial from the SSA, and this will start the appeals process.

Reconsideration

If the SSA denies your claim, you will have 60 days to file an appeal. This means that your application package will be reviewed by a fresh set of eyes at the SSA. Unfortunately, less than 10% of reconsideration cases are approved for benefits.

Social Security Disability Hearing

Assuming your reconsideration is also denied, you have another 60 days to request a Social Security Disability hearing in front of an Administrative Law Judge (ALJ). The ALJ can take one of three actions: approve your claim, deny it, or return it to the SSA for an additional review. About 50% of cases that reach this level get SSDI approval, so your chances are stronger if you can prove your case.

Appeals Council

If the ALJ doesn’t rule favorably, you can ask an appeals council to consider your case. Unfortunately, hearings take a long time to schedule, and not many claims are approved at this stage.

Federal District Court

Your final option is going to federal district court, where the court can approve or deny your application as well as send it back to the SSA for additional review.

Why SSDI Claims Are Often Denied

The SSA allows anyone to apply for benefits in person or online, but the agency doesn’t make the process simple. Each year, up to 70% of initial SSDI claims are denied by the SSA. Once your claim has been denied, you must go through the appeal process, which can be lengthy and frustrating.

Working with an experienced Social Security Disability lawyer can improve your chances of benefits approval on the first try. Some of the reasons that the SSA uses to deny claims include the following:

Lack of Solid Medical Evidence

If you failed to submit adequate medical evidence showing your diagnosis, your claim is likely to be denied. Further, your medical documentation must show that your condition prevents you from working. If you don’t have this in your records, the SSA will not help you get it.

You Earn Too Much Money

Your application for SSDI may be denied if your current income exceeds the substantial gainful activity allowance set by the SSA. In 2020, that amount is $1260 for non-blind applicants and $2110 for blind applicants. The SGA amount only refers to money earned from working.

Not Following Prescribed Treatment

If you aren’t following the prescribed treatment by your physician, the SSA is likely going to deny your claim. If you have a valid reason for not taking prescribed medication or going to therapy, you’ll need to address this during the appeals process.

Prior Claim Denials

Unfortunately, having prior denied benefit claims isn’t going to help your case. It is not always a better idea to file a new claim as opposed to appealing a claim that was previously denied. The SSA will simply use your prior denial as a basis to deny your new claim.

Not Cooperating With the SAA

The SSA will also deny your claim for benefits if you fail to cooperate with them during the application process. This might include failing to attend a medical examination, answer questions, or submit requested medical records.

Our Experienced Disability Lawyers Can Help You Secure Benefits

Few people have had to apply for SSDI benefits before, and this isn’t something you want to leave to chance. Dealing with the SSA is a complex process that stands between you and the financial security you need to pay your bills and support your family.

At Greene & Phillips, our experienced SSDI attorneys will advocate for your interests with the SSA from start to finish. We can guide you through the process of applying for SSDI benefits or help you navigate an appeal if your initial claim has been denied. We understand that this is a tough time, and our services can improve your chances of approval. To give you even more peace of mind, we don’t ask for any fees upfront, but only get paid when you are approved for benefits.

Call us today at 1-888-510-1020 or stop by our office for a free consultation.