Workers in Rex who can no longer work because of a medical condition have the right to Social Security Disability (SSD) benefits. Unfortunately, the Social Security system is not perfect and many people fall through the cracks. Incomplete applications or incorrect information can also lead to a denial, even if you fully qualify for benefits.
In almost all cases, applicants benefit from working with a Social Security Disability lawyer in Rex. SSD lawyers know what the Social Security Administration (SSA), the government agency that administers Social Security, is looking for to approve applications. If you are applying for benefits or have already been denied, an experienced lawyer can make sure your application (or your appeal) is as strong and accurate as possible.
The Social Security Disability attorneys at John Foy & Associates are here to help you. We have been successfully assisting SSD applicants for more than 20 years. If you’re worried about the cost of hiring a lawyer, know that we do not take a fee unless we win you the benefits you deserve. Call us today for a completely FREE consultation at (404) 400-4000 or contact us online.
Four Factors that Determine If You Qualify for Social Security Benefits in Rex
To qualify for SSD benefits, you must meet a certain set of criteria. The SSA will use the following criteria as a guide when evaluating your application to determine whether or not you can receive benefits.
1. A Diagnosis of a Disabling Medical Condition
To qualify for SSD, you must have a medical condition that has disabled you from continuing to work. It’s not enough to simply say you have a condition, though. You will need to provide proof in your application of a diagnosis and that your condition prevents you from performing actions needed to work in any job.
The SSA will also look to see if your medical condition is present on their Listing of Impairments. The conditions on this list have been recognized by the SSA as potentially severe enough to be disabling. If your medical condition is not on this list, the SSA will decide if it is as severe as another similar condition on the list.
2. A Condition that Will Last at Least 12 Months
Your medical condition must also prevent you from working for at least a year. Or, the condition must be considered fatal. If you have a valid condition by a doctor has cleared you to return to work within a month, for example, you will not be considered disabled under Social Security Disability guidelines.
3. An Inability to Work in Any Capacity
You might be able to prove that your medical condition keeps you from working at your previous job. However, the SSA will check to see if there are other types of work you can still perform. They will ask if you can do any past work or an entirely new type of job.
If the SSA determines you can still work in any capacity, your application will be denied. A Rex Social Security Disability lawyer can help you demonstrate how your condition prevents you from doing any type of work.
4. A Sufficient Number of Work Credits
Most workers have paid into Social Security through their current and previous jobs. This is crucial because you can only claim SSD benefits if you have paid into the system yourself.
When evaluating your application, the SSA will determine if you have enough work credits. Work credits are accrued after you earned a certain number of wages through jobs where Social Security is paid into from a portion of your paychecks.
To qualify, most people need a total of 40 work credits with at least 20 of those credits earned in the past 10 years. However, younger disabled individuals may require fewer credits. Most people meet the work credit requirements if they have worked much at all in the past 10 years. If you are unsure about your own work credits, contact a Social Security Disability lawyer.
What to Know If Your Social Security Disability Application is Denied in Rex
If you’ve already applied for Social Security Disability and been denied, don’t lose hope—and don’t give up. Many people who end up getting approved for benefits are denied on their first application.
After a denial, you should not start a new application. Instead, contact a Social Security Disability lawyer who can help you appeal for your current application. Starting a new application begins the process all over again, and it actually really hurts your chances of approval.
Appealing a Social Security Disability Denial in Rex
You typically have 60 days from the date you received notice of denial to appeal the decision. There are four levels to an SSD appeal:
- Request for a reconsideration
- An administrative law judge hearing
- An Appeals Council review
- A Federal Court review
If you were denied for medical reasons or non-medical reasons, you can request a reconsideration online, and your Social Security Disability lawyer can help. They will also review the letter you should have received from the SSA explaining their decision to deny your claim. Your lawyer will help you through each step with the goal of improving your application and demonstrating that you fully qualify for the benefits you need.
During the reconsideration phase, a person who had no part in the first decision will review your claim. This person will look over everything from your initial application as well as any new evidence you provide. They will then make a new determination about your application.
Administrative Law Judge Hearing
If you disagree with what the new person decided about your application at the reconsideration phase, you can request a hearing. This hearing will be given by an administrative law judge (ALJ) who was not involved in any stages of your case. Usually, you will be given a hearing somewhere within 75 miles of your home.
Appeals Council Review
If the hearing leads to an unsuccessful determination, you can request a review by the Appeals Council that issues final actions for SSD claims.
Federal Court Review
If you and your lawyer further disagree with what the Appeals Council decides, the next step would be filing a civil suit with the federal court.
Talk to a Rex Social Security Disability (SSD) Lawyer for Free Today
No matter where you are in the process of seeking Social Security Disability benefits, you do not need to go it alone. Contact John Foy & Associates today for a FREE consultation to discuss your case, risk-free! We can review the details of your application and talk about how we can help get you closer to the benefits you need and deserve.
To schedule your FREE consultation now, call us at (404) 400-4000 or contact us online.