Atlanta
Social Security Disability Lawyer

Lawyers in Atlanta focus on different areas of the law, which is why it is important to research local attorneys before choosing who will represent you. If you are applying for benefits, working with an experienced Atlanta Social Security disability lawyer can make a major difference in whether your claim is approved or denied.

A lawyer who understands the Social Security disability process knows how to properly file claims, meet strict deadlines, and handle appeals if your application is denied. Choosing an attorney without this experience could result in delays, lost benefits, or an unfair denial of your claim.

At John Foy & Associates, we are known as The Strong Arm across Georgia, and we work hard to protect our clients’ rights. While many people know us as an Atlanta personal injury lawyer, our team also has the experience and resources to handle Social Security Disability cases. We have recovered over $1 billion in verdicts and settlements over the past two decades, and we are ready to put that same dedication into helping you pursue the benefits you deserve.

Contact us today to schedule a free consultation so we can discuss your case and your options.

What Are Social Security Disability Benefits?

Suffering an injury on the job can leave you confused and unsure of what to do next. In the U.S., workers may be protected after a workplace accident by disability insurance provided through the Social Security Administration. Most people know very little about this system and how it works in Atlanta, which is why speaking with an Atlanta Social Security disability lawyer can be helpful.

Understanding how the program affects you is essential to using it effectively and receiving the benefits you are owed. Social Security disability is a type of insurance that the federal government provides to injured workers who may not be able to return to their regular jobs for the foreseeable future. It is designed to help individuals pay their bills and support their families when they no longer have steady employment income.

Although the system was created to help people, changes and bureaucratic requirements over time have made it difficult to navigate successfully. Filing claims correctly and on time can be confusing and overwhelming, which is why many people rely on guidance from a Social Security disability lawyer to avoid mistakes and improve their chances of approval.

How Much Money Can I Receive for My Disability Benefits?

The amount depends on your average lifetime income prior to becoming disabled.  For example, if you earned an average of $32,000 a year over the course of your working life, that will be the baseline income used to compute your benefits. 

There are some important details to know about the amount you can receive, such as:

• Most recipients will get between $700 and $1,700 monthly
• The average amount of benefits paid per person in 2022 is $1,358 per month.
• The current maximum amount you can receive is $3,345 per month. 

To receive the maximum amount, you must have collected 40 Social Security credits over your working lifetime and reached full retirement age. Once you have been approved for benefits, there is a mandatory waiting period of five months before payments begin. The application process usually takes three to five months, but this time counts towards the waiting period. 

To fill the void between losing the ability to earn income and the time your payments start, you should ask your Social Security disability lawyer in Atlanta whether you qualify for Supplemental Social Income (SSI).

Social Security Disability Insurance (SSDI) vs. Supplemental Security Income (SSI)

Social Security disability insurance (SSDI) is meant to provide benefits for those who have worked and become disabled. But when a person has not worked for long enough or recently enough and needs assistance, there is another program called Supplemental Security Income (SSI). This system is mostly meant for older adults and those who have limited financial resources.

In the right circumstances, you may even qualify for both of these programs. They have slightly different requirements, but a skilled disability attorney can help you determine how much you may be eligible to receive.

Why Hire a Social Security Disability Attorney in Atlanta?

While you may or may not use a lawyer when you first apply for Social Security disability, you should absolutely hire an attorney with disability claim experience if your claim is denied. They and their team of legal professionals can guide you in the following situations:

• If you are not familiar with the filing process
• If you easily get overwhelmed by the paperwork or process
• If English is not your first language
• If you want to increase your odds of being approved
• If you were previously denied benefits and want to file an appeal
• If you need to obtain documents or information to give you a slight edge of winning
• If you are trying to ensure you get the legal maximum financial gain

Whether an accident occurs at work or in any other location, it often cannot be prevented. Being injured in a car crash by a reckless driver is not your fault, but you may be out of work for a long time. You may even suffer a permanent disability that prevents you from holding down a job for the rest of your life.

Without a successful Social Security disability claim, you may lose your home, be unable to pay your bills, or even face seeing your family go hungry. You can keep this from happening to you by contacting a disability lawyer at John Foy & Associates. We specialize in Social Security litigation and will fight for your rights to maximum benefits so you can return to a normal life.

Our attorneys will visit you at home or in the hospital to listen to your story and get your claim underway.

Factors that Strengthen a Disability Case in Atlanta

Injuries that make you eligible for Social Security disability can be difficult enough to recover from, but adding the stress of winning your well-deserved benefits makes it even harder. The benefits payments are meant to provide you with income when you cannot work for a year or more. They can be paid for either mental or physical disabilities, and you should provide all the information needed to strengthen your claim so it will be approved. 

Claims can be denied for a number of reasons, but as upsetting as this can be, you do not need to simply accept the decision. If you filed for benefits without the assistance of an attorney, you might have overlooked rules governing your eligibility. You could also leave out valuable information that supports your claim. 

Qualifying for a Social Security Disability Claim

Relying on a skilled disability lawyer can keep you from making these kinds of mistakes. There are several factors that go into qualifying for Social Security disability. If you feel you qualify, or even if you are uncertain if you qualify, call a lawyer. 

Our team of lawyers will do everything we can to get you the disability benefits that you deserve. We can review the list of important qualifications with you and help you determine if there are exceptions that can help your claim. People generally qualify for Social Security disability benefits when they meet one or more of these criteria:

• You have worked long enough under the Social Security Administration’s guidelines.
• You have worked recently enough under the Social Security Administration’s guidelines.
• You have earned enough work credits.
• You are unable to perform the work you did before.
• You are unable to adjust to other work because of your medical condition.
• Your medical condition has lasted or is expected to last for at least one year.
• You have earned less monthly income this year than the Social Security limit.

Factors that Automatically Qualify You for Disability Benefits

In some situations, you may automatically qualify for disability benefits through Social Security without going through most of the standard claim process. You may still need help from an experienced Atlanta Social Security disability attorney, but understanding what qualifies as full disability can make it easier to see whether you meet the requirements. Below are three factors that may allow you to qualify for disability benefits more quickly:

• You have a disease or injury that is found on the Social Security Administration’s “disabling conditions” list, you likely qualify.
• You are potentially eligible for a compassionate allowance if you have been diagnosed with a serious disease, including many disabling or terminal cancers.
• Meeting one or more of the special provisions such as having low vision, being a widow or widower, being the parent or legal guardian of disabled children, or being a wounded warrior allows you to qualify.

Medical Conditions that Entitle You to Automatic Approval

For many individuals, it is possible to obtain automatic approval for Social Security disability benefits when they are affected by certain physical or mental impairments. The standard application process for disability benefits can take several months, but having specific qualifying conditions may allow you to skip much of the review process and begin receiving payments much faster. In cases such as terminal cancer, receiving benefits sooner can allow you to focus on spending time with your loved ones rather than dealing with lengthy government procedures.

Determining whether you qualify for automatic approval is not as simple as finding your medical condition on a list. Guidance from an experienced disability lawyer can help you understand any exceptions or extenuating circumstances that may work in your favor. Some of the more common conditions that may qualify include:

• Musculoskeletal problems, such as back conditions
• Cardiovascular conditions, such as heart failure or coronary artery disease
• Senses and speech issues, such as vision or hearing loss
• Respiratory illnesses, like COPD or asthma
• Neurological disorders, like multiple sclerosis, cerebral palsy, Parkinson’s, or epilepsy
• Mental disorders, such as depression, anxiety, schizophrenia, bipolar disorder, autism, or retardation
• Immune system disorders, like HIV/AIDS, lupus, and rheumatoid arthritis
• Digestive tract problems, like liver disease or IBD
• Kidney disease

Your impairment must be proven as “medically determinable,” meaning it results from abnormalities in anatomy, physiology, or psychology that can be demonstrated using medically acceptable techniques. Even conditions that fall among the top 10 disabilities in the U.S. must still be supported by objective medical evidence. You need more than just a letter from a doctor or other medical provider stating you have the condition. Instead, you must provide scans, test results, treatment records, and other documentation obtained through approved clinical and laboratory testing procedures.

Why Are Social Security Disability Claims Denied?

The most common reason an application is denied is that it is incomplete. Information may be missing, or the supporting evidence may be insufficient. Understanding how Social Security disability is decided can help you avoid these issues, since submitting an incomplete or unsupported medical history can make approval very difficult. That is why it is important to gather as many treatment records and test results as possible.

Providing documentation that shows how severe your disability is can significantly strengthen your case. Another reason claims are denied is when applicants are prescribed a treatment plan but fail to show that they are following it. The Social Security Administration wants to see that you are actively attempting to improve your condition when treatment is available.

You may also be denied if you do not cooperate with the administration or fail to submit the requested information on time. In addition, your claim can be denied if your income is too high. These factors are important to consider when asking, how do I know if I qualify for Social Security disability in Georgia?

Disability benefits are intended for people who are unable to work due to a medical condition and the time needed for recovery. If you are still working, even in a less demanding job, your benefits may be denied. If you are already receiving benefits, they may be reduced or discontinued if the Social Security Administration finds that you are working while collecting disability payments.

What to Do If You Are Denied Benefits in Atlanta

Suffering an accident that keeps you from enjoying your life and supporting your family is devastating enough. Finding out that your Social Security benefits claim has been denied can make an already difficult situation even more stressful. Having a trusted disability lawyer who understands who qualifies for Social Security disability and will fight for what you deserve can help ease some of that worry.

As many as 65–70% of initial applications are denied for many different reasons. When your claim is denied, you have the right to appeal the decision and take steps to strengthen your case. Understanding what the process for disability hearings in Georgia is can also help you prepare for the next stages if your appeal moves beyond reconsideration.

You have up to 60 days to file an appeal requesting reconsideration, and it is best to do so as soon as possible. Having a disability lawyer review your materials can greatly improve your chances of approval.

When you submit your request for reconsideration, you should include any documentation that was missing or not strong enough in your original application. While you can be denied multiple times, each denial can make the process more difficult. This is where the experience and strategy of your attorney can make a meaningful difference in your case.

Get Help from an Atlanta Social Security Disability Lawyer Today

When you are injured and unable to work, it is essential that you file a complete and strong claim for the benefits you are owed. An Atlanta Social Security disability lawyer from John Foy & Associates can mean the difference between receiving the payments you need and struggling to get by. With a successful claim, you can pay your bills, keep your home, and provide for your family while you are unable to work.

With a reputation as The Strong Arm in Georgia, our attorneys compassionately assist you in filing your claim and will be by your side during appeals and reconsiderations. You do not have to face an uncertain future until you can return to work. We offer free consultations and a team dedicated to your needs. 

Call or contact us online to discuss your case today.