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Receive the Benefits You Deserve
Understanding your eligibility for Social Security Disability benefits is crucial for financial support when you’re unable to work. Shook & Stone specializes in these claims, ensuring you get the benefits you deserve. We’ll guide you through the process and advocate for you. Get our FREE eBook with essential information for your Social Security Disability journey.
Why Hire a Disability Lawyer?
Working with a specialized Social Security Disability lawyer like Shook & Stone offers significant advantages. For 30 years, Shook & Stone has helped more than 400,000 people like you apply for and win benefits, including health insurance and monthly benefits up to $3,822.00. Our expertise ensures that your claim is expertly prepared and presented, significantly boosting your chances of approval. With Shook & Stone, you benefit from our exceptional success rate, personalized advocacy, and comprehensive guidance through every stage of the process.
For 30 years, Shook & Stone has helped over 400,000 people like you apply for and win benefits, including health insurance and monthly benefits up to $3,822.00.
Shook & Stone’s deep expertise in regulations boosts your chances of approval by minimizing errors that lead to denials.
Shook & Stone focuses on your unique needs, advocating for you and giving you support so you feel confident and informed at every step.
Seamless Process with Professional Support
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Frequently Asked Questions
- SSI is a needs-based program for individuals with limited income and resources, regardless of work history. It’s funded by general tax revenue.
- SSDI is an insurance program for individuals who have worked and paid into Social Security through payroll taxes. Eligibility is based on work credits and a qualifying disability.
- Initial Application
- Submission: The process begins with submitting an application for disability benefits. This can be done online, by phone, or in person at a local Social Security office.
- Required Information: The application requires detailed information about your medical condition, work history, and any treatments you’ve received. You may need to provide documentation like medical records, doctor’s reports, and employment history.
- Review of the Application
- Initial Review: Once submitted, the application is reviewed to determine if basic eligibility criteria are met. This includes checking whether you have worked enough years to qualify for SSDI or meet income/resource limits for SSI.
- Medical Evidence Collection: The Disability Determination Services (DDS) will collect and review medical evidence from your doctors, hospitals, and clinics.
- Decision on Initial Claim
- Initial Decision: DDS makes an initial determination based on the evidence provided. This usually takes 3 to 6 months.
- Possible Outcomes: The claim can be approved, denied, or deferred for more information. The majority of initial claims are often denied.
- Appeal Process
- Reconsideration: If denied, you have 60 days to appeal and request a reconsideration. A different person at DDS reviews the claim during this stage.
- Hearing by an Administrative Law Judge (ALJ): If reconsideration is denied, you can request a hearing before an ALJ. This is often the most successful level of appeal.
- Appeals Council: If the ALJ denies the claim, you can request a review by the Social Security Appeals Council.
- Federal Court: If all appeals are exhausted, you can file a lawsuit in federal court.
- Receiving Benefits
- Approval: If your claim is approved at any stage, you will begin receiving disability benefits. Payments typically start from the sixth full month after the date your disability began.
- Retroactive Payments: Depending on the date of your disability onset, you may receive back payments covering the period from the onset date to the approval date.
- Continued Eligibility Reviews: Periodically, the Social Security Administration (SSA) will review your case to determine if you still meet the criteria for disability.
- Medical Continuing Disability Review (CDR)
- Periodic Review: SSA periodically reviews your medical condition to ensure that you still qualify for disability benefits. This can occur every 3 to 7 years depending on your condition.
- Work Incentives
- Trial Work Period: If you decide to return to work, SSA offers work incentives, such as a trial work period where you can test your ability to work without losing your benefits.
- Substantial Gainful Activity (SGA): If your earnings exceed a certain amount (SGA threshold), your benefits may be reduced or stopped.
There are many reasons why someone may be denied social security disability benefits. Some of the most common reasons include:
- Not meeting the work credit requirements.
- Earning too much money.
- Not having a severe enough disability.
- Having a disability that is not on the list of disabling conditions.
- Not being able to prove your disability with medical evidence.
- Recovering from your disability.
- Not following the treatment plan prescribed by your doctor.
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Incomplete or Inaccurate Information: Failing to provide thorough and accurate details about your medical condition, work history, and daily limitations.
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Missing Deadlines: Not adhering to important deadlines, such as filing appeals or submitting requested documents on time.
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Lack of Medical Evidence: Insufficient or outdated medical records to support the claim, which is crucial for proving disability.
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Ignoring Doctor’s Advice: Not following prescribed treatments or ignoring medical advice can undermine your case.
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Applying Too Early or Late: Applying before your condition is well-documented or waiting too long can affect the outcome of your claim.
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Not Seeking Legal Help: Failing to consult with a Social Security Disability lawyer can lead to errors or missed opportunities to strengthen your application.
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Gather Comprehensive Medical Records: Ensure you have up-to-date and thorough medical documentation that clearly details your condition, treatments, and how it limits your ability to work.
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Be Detailed in Your Application: Provide specific information about your symptoms, daily limitations, and how your condition affects your ability to perform work-related tasks.
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Follow Medical Advice: Adhere to your doctor’s recommended treatments and keep records of all medical appointments, medications, and therapies.
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Meet Deadlines: Stay on top of application and appeal deadlines. Missing a deadline can delay your benefits or result in denial.
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Consider Legal Assistance: Consult with a Social Security Disability lawyer who can guide you through the process, help avoid common mistakes, and improve your chances of approval.
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Be Persistent: If your initial claim is denied, don’t get discouraged. Many claims are approved during the appeals process, so be prepared to continue advocating for your benefits.
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Stay Organized: Keep copies of all your documents, communications, and submission confirmations to track your application progress.
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Communicate Clearly: Be consistent and clear in all communication with the Social Security Administration, avoiding any contradictions or omissions in your application and interviews.
- Complexity of the Case: More complex cases, particularly those requiring additional medical evidence, may take longer.
- Completeness of Application: Applications that are fully completed with all necessary documentation tend to be processed faster.
- Backlog of Cases: The workload and backlog at the Social Security Administration (SSA) can impact the processing time.
- Reconsideration and Appeals: If your initial application is denied and you need to go through reconsideration or appeal, it can add several months, or even years, to the process.
Social Security Disability Insurance (SSDI) is a federal program that provides financial assistance to individuals who are unable to work due to a qualifying disability. Funded by payroll taxes, SSDI is available to workers who have accumulated sufficient work credits by paying into the Social Security system. To be eligible, you must have a medical condition that meets the Social Security Administration’s definition of disability and have worked in jobs covered by Social Security. SSDI benefits include monthly payments to help cover living expenses, and eligibility may also extend to certain family members.
Our disability attorneys charge on a contingency fee, which means we only get paid if you win your case.