Houston County Social Security Disability (SSDI/SSA) Lawyer

Social Security disability benefits are a valuable option for people living with a disability and unable to continue working, but barely more than one-third of initial applications are approved. The high number of denials does not accurately represent the number of ineligible applicants. Many claims are incorrectly denied or denied based on minor errors or missing information.

Working with a Social Security disability lawyer can reduce the risk that your application will contain errors or be missing vital information. Contact the Law Office of Daniel Martin to receive individualized guidance on your disability claim and benefit from the firm’s experience in Houston County Social Security cases.

Social Security Disability Eligibility

Social Security Disability Insurance (SSDI) eligibility criteria include numerous factors like work history, monthly income, and impairment severity. To qualify for SSDI, applicants must have work experience in employment positions covered by Social Security and have a disability according to the Social Security Administration’s definition. Personalized advice and guidance are available from our SSDI lawyer, but the below general criteria may be helpful as a starting point.

Work History

The Social Security Administration (SSA) uses a system of work credits to determine if an applicant is eligible to receive SSDI. For every year that you earned the designated amount of money in wages, you would have earned up to four credits. In order to qualify for SSDI, you must have earned 40 credits, with at least 20 of those credits earned in the previous 10 years. Young workers may qualify for SSDI with fewer work credits.

Severity and Timeframe of Impairment

Since the SSA’s definition of a disability is narrow, your impairment must be severe or impactful enough to qualify you for benefits. Additionally, SSDI benefits are only available for conditions that last longer than 12 months or are expected to be fatal.

Ability to Work

Your application must clearly show that you are unable to continue performing the work you are qualified for and that you do not have sufficient education or transferable skills to find new employment. Your age and limitations are also considered when your ability to work is evaluated by the SSA.

Crafting a compelling and obvious picture of your limitations and the impact your disability has on you is not always as easy as it seems. The SSDI lawyer at the Law Office of Daniel Martin has the experience to know what the SSA is looking for in initial disability claims.

What Conditions Qualify for SSDI Benefits?

While the SSA does have a list of conditions that tend to meet the criteria for SSDI benefits, it does still review all claims based on eligibility criteria, even if the conditions are not on the list. Establishing the severity of your condition could be difficult if the SSA does not already acknowledge it as a qualifying medical condition.

Typically, the following types of conditions are considered qualifying if they meet all other requirements:

• Vision or hearing loss
• Immune system disorders
• Neurological conditions
• Musculoskeletal disorders
• Hematological conditions

The SSA also maintains a long list of compassionate allowances. These are conditions that the SSA has identified as meeting the standards for SSDI eligibility. Among the medical conditions on the list are the following:

• Lou Gehrig’s Disease (Amyotrophic Lateral Sclerosis)
• Early-onset Alzheimer’s Disease
• Certain types of cancer, including leukemia, angiosarcoma, esophageal cancer, and pancreatic cancer

Appealing an SSDI Denial Houston County, TN

Don’t lose hope if you receive notice that your claim has been denied; this occurs in nearly two-thirds of initial applications. You typically have 60 days after you receive the SSA’s decision to request an appeal, and the first level of appeal is known as reconsideration. If your claim was denied for a medical reason, you can request a reconsideration online. This will prompt a review of your application by someone new who was not involved in the initial determination and denial. If your denial was for a nonmedical reason, such as income, you can also move forward with the reconsideration online by submitting a nonmedical appeal.

There are three other levels of appeal after a reconsideration:

• An administrative law judge hearing
• Appeals Council hearing
• Federal Court review

The SSA’s decision letter should include information about what type of appeal is needed at each stage, but your Social Security lawyer will also be able to provide personalized guidance on the next steps after any denial.

Working While Receiving SSDI in Tennessee

Months and sometimes years pass between the initial SSDI claim and the approval, which means you may be interested in working if and when your disability allows. The SSA has rules on how much money you can make and still continue to receive your SSDI payments. If you’re interested in working but don’t want to lose your benefits, keep the following SSA requirements in mind:

• Trial work period – this period lasts for nine months, and there are no income limits during this time.
• Extended period of eligibility – after the trial work period, you have another 36 months to continue working as long as you earn less than the current substantial earnings limit.
• Expedited reinstatement – if you make too much money and lose your benefits, you have five years to request that the SSA restart your benefits without reapplying if you can no longer continue working.

The SSA requires that anyone receiving SSDI benefits who is working report the following incidents:

• Starting or stopping employment
• Change in hours, pay, or job duties
• Paying work expenses related to disability

Houston County’s Trusted SSA Lawyer

Contact the Law Office of Daniel Martin to schedule a free consultation to discuss your SSDI case. We can help you with your SSDI claim or appeal, as well as answer any questions you may have about any stage of the process.