Social Security Disability
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Social Security Disability (Ellicott)

If you have a medical condition or disability from an injury or illness that prevents you from working, you might qualify for financial benefits from the Social Security Administration. However, applying for these benefits is a complex, time-consuming process due to the strict qualification requirements. Rather than pursuing your claim alone, get help from experienced legal counsel who can more efficiently and effectively seek the benefits you’re entitled to under the law. Contact Fessenden Laumer & DeAngelo, PLLC, for a free initial case evaluation with our legal team to discuss your case with a Social Security Disability lawyer serving Ellicott.

Why Choose a Social Security Disability Attorney from Fessenden Laumer & DeAngelo, PLLC

When a medical condition renders you unable to work, Social Security disability benefits can provide a critical financial lifeline. Choosing an experienced, skilled Social Security disability attorney can help you pursue these benefits. Turn to a Social Security disability lawyer from Fessenden Laumer & DeAngelo, PLLC, to guide you through the benefits application process because:

  • Our legal team takes the time to hear your story and understand your needs and concerns to provide tailored advice and representation. Unlike other firms that take a one-size-fits-all approach, we believe you deserve personalized attention and service.
  • You will benefit from our attorneys’ collective knowledge, experience, and perspectives. Our team-based approach allows us to develop practical legal solutions for our clients’ challenges.
  • We have a proven record of success advocating for the rights of disabled individuals in Ellicott and across Southwestern New York.

Understanding the Social Security Disability Programs

The Social Security Administration operates two disability benefits programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both programs provide monthly financial payments to individuals with qualifying disabilities. A condition may qualify as a “disability” when it will last for at least 12 months or result in death and prevent an individual from performing “substantial gainful activity.” The Social Security Administration defines “substantial gainful activity” as earning monthly income over a specific threshold (which changes annually in response to inflation).

SSDI provides benefits to workers who become disabled and unable to continue working. Qualifying for SSDI requires a worker to have worked long enough to become “fully insured” under the Social Security system and have sufficient recent work history. The Social Security Administration measures work history via “work credits.” A person earns a work credit when they earn a specific amount of income subject to Social Security taxes; individuals can earn a maximum of four credits per year. The number of total and recent work credits needed to qualify for SSDI will depend on their age when they become disabled. The amount of money a person may receive in SSDI benefits will depend on their career income and the Social Security taxes they’ve paid.

SSI provides disability benefits to low-income individuals with few or no assets. A person can qualify for SSI if they earn less monthly income than the eligibility threshold in their state, which changes regularly in response to inflation. An applicant also must have less than $2,000 ($3,000 for a married couple) in countable assets, which excludes assets like a primary residence, a household vehicle, or personal/household goods. SSI provides a fixed monthly benefit payment minus the qualifying income that a recipient earns.

Obtaining Social Security disability benefits may also enable disabled individuals to access other benefits. For example, most benefits recipients will qualify for Medicare after receiving benefits for two years.

Steps to Prepare for an SSD Claim

Before applying for Social Security disability benefits, you will need to take specific steps to prepare for the application process, including:

  • Gathering your personal information, such as proof of citizenship/permanent residency, marriage/divorce records, and information for your children
  • Gathering documentation of your work history if applying for SSDI or your financial information if applying for SSI, including pay stubs, financial account statements, deeds, and title
  • Gathering your medical records, including diagnoses of your medical conditions, treatment records, progress reports, provider notes, and medication records

Having this information on hand when completing your disability benefits application will help make the application process more manageable.

The SSD Application Process

The application process for Social Security disability benefits begins with the Social Security Administration’s review of an application to determine whether an applicant meets the work history or financial eligibility criteria to qualify for SSDI or SSI, respectively. When an applicant meets either requirement, the SSA will forward the application to a state Disability Determination Services office to determine whether the applicant has a qualifying disability. The DDS office uses a five-step process for evaluating disability:

  • Step 1 – Work Activity: The DDS office will check whether the applicant earns more monthly income than the threshold for substantial gainful activity.
  • Step 2 – Severity of Impairment: The DDS office will examine the medical record to determine if the applicant’s condition has or will last at least 12 months or result in death.
  • Step 3 – Meeting a Listing: The DDS office then determines whether the applicant has a condition listed in the Social Security Administration’s listing of impairments or whether the severity of the applicant’s condition meets or equals a listed condition.
  • Step 4 – Past work: The DDS office will determine whether an applicant has a residual functional capacity to work by determining whether their medical condition prevents them from doing jobs they’ve held in their career.
  • Step 5 – Other work: If the applicant cannot perform past work, the DDS office will examine their education, training, skills, and experience and determine if their condition would allow them to perform other kinds of work that exist in substantial numbers in the national economy.

During the application process, the SSA may ask an applicant for additional information or documentation, such as updated medical records, or request a medical examination of the applicant by their treating physician or another medical practitioner.

What Happens If the Social Security Administration Denies Your Claim?

Because the Social Security Administration has strict eligibility criteria for disability benefits, most applicants will have their claims denied on initial review. However, if your claim gets denied, the SSA provides an administrative appeals process to challenge that denial. This appeals process involves three stages:

  • Reconsideration: An applicant may request reconsideration of their claim by a claims reviewer who did not participate in the initial evaluation of the claim. Reconsideration allows an applicant to provide additional information or documentation, which may correct deficiencies that led to the initial denial of their application.
  • Administrative Hearing: If unsuccessful on reconsideration, an applicant can request a hearing before an administrative law judge. At a hearing, an applicant can present additional documentation or information along with witnesses and argue why the claims reviewers erred in denying the applicant’s claim.
  • Review by the Appeals Council: An applicant can appeal an unfavorable decision by an administrative law judge to the SSA’s Appeals Council, which may deny or dismiss the request for review or grant review and either issue a new decision or return the case to an administrative law judge for further proceedings.

After exhausting the SSA’s administrative appeals process, an applicant may further challenge the denial of their disability benefits claim by filing an action in federal court.

Contact Our Firm Today

Contact Fessenden Laumer & DeAngelo, PLLC, for a free, no-obligation consultation with a Social Security disability attorney serving Ellicott. We will explain the Social Security Administration’s disability benefits programs and discuss whether we can help you seek the financial assistance you need.

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