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Social security disability benefits are meant to help people who are unable to work due to a long-term disability. Unfortunately, proving your disability and eligibility for assistance can be complicated. It is best to contact a skilled Huntsville social security disability lawyer to help you with this process.
There are several options for disabled people to receive assistance from the Social Security Administration. Individuals who have worked paid into the Social Security system may qualify for Social Security Disability Insurance (SSDI). These claims are often denied if not done properly.
There is also a federal income supplement program called SSI which is based on financial need and not on whether the person has worked or not. There are several other programs for disabled widows and widowers as well as disabled adult children.
Why take a chance on having your claim rejected? Find an attorney who understands the ins and outs of SSD laws and benefit applications. Search for an attorney with experience in cases like yours and ask them tough questions to make sure they are the right fit. Many experienced SSD attorneys are out there waiting to help advocate on behalf of clients. The LawInfo Directory can help you find a verified SSD attorney in Huntsville.
It is possible for a person to receive SSI and SSDI. If you have a sufficient work history and limited finances and other resources, you could be eligible to receive payment through both programs. You’ll need to meet the minimum standards for each program, or else you may be denied one or both.
To qualify for SSDI, you need to have a valid work history. To determine if your employment record is sufficient, social security reviewers will assign “credits” to different factors of your previous work experience. You need 40 credits to become eligible. Credits are assigned based on your income, your age, and how long you worked. The threshold for each of these factors may change each year. For example, you may earn one credit for each $1,000 you made the last year you worked. If you’re within a certain age bracket, they’ll expect that you worked a certain number of years to earn credit. So if you’re say, under 30, you may be required to work only eight years to earn credits, and will get more credits per year than a person over 40 who may be expected to have worked longer and will also get fewer credits per year of work.
If your SSDI application is denied, you have the option to appeal. You’ll only have 60 days to begin your appeals process, so it’s important not to wait too long. You can begin the appeal process by applying online, and you’ll have a few options for what kind of appeal to do. If you disagree with their assessment of your disability, you can request reconsideration and you’ll get a new review completed by different people. You could also opt to have a hearing before an administrative judge, an appeals council, or in some cases, a federal court, to explain why you believe your case was wrongly denied.
The SSA says that applicants should expect it to take three to five months before they receive a decision about their case. If you send incomplete or incorrect information in your application, that could delay your decision. You should send in all the requested materials as soon as possible to decrease your wait time. In some cases, you may be asked to provide follow-up information for a review, which may also add a few more months before your case is approved or formally denied. If they accept your application, you can generally expect to start receiving payments in one to two months.
If you’re required to complete a Social Security Disability Review, they’ll usually send you a short-form or a long-form review application. The process for the long-form usually takes four to six months, though it may a bit shorter or longer depending on the circumstances. The short-form review often takes one to three months, give or take. For both versions of the review you’ll need to provide some requested documentation about your identity and disability, and information about your work history. In the long-form version, you many need to provide more extensive medical records and will have additional forms to fill out. In both cases, you may be asked to participate in periodic follow ups.
Social Security Insurance (SSI) differs from SSDI in a few ways. SSDI typically pays more, but has stricter eligibility criteria. Whereas SSDI generally only applies to people who have worked before and have severe disability, SSI can apply to people who are over the age of 65, legally blind, or who have a severe disability. However, people who meet those qualifications aren’t eligible for SSI unless they’re also on very limited income. Those who receive SSI will usually qualify for Medicaid soon after they’re approved for SSI, but SSDI recipients may need to wait about two years for Medicaid.
To qualify for SSDI, you’ll need to demonstrate that you have a severe disability as defined by the Social Security Administration (SSA). This may include physical limitations like an inability to lift things, stand, walk, or sit, or mental limitations like significant memory problems. Having these kind of conditions may not be sufficient to receive benefits; they must also hinder your ability to do basic job functions.
If you have a strong work history and a physical or mental disability that prevents you from working anymore, you could apply for Social Security Disability Insurance (SSDI). You’ll typically need to have your disability for at least six months before you can apply. Applicants are strongly encouraged to apply online or over the phone if they can, but there may be in person options near you if virtual applications aren’t accessible. You’ll need to provide various identifying information and details about your disability. They may ask you to submit documents like your birth certificate, prior W2’s, and an Adult Disability Report that you can get online or at a social security office.
Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.
The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.
A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:
Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.
Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.
Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.
Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.