Tennessee Social Security Disability (SSDI/SSA) Lawyer

Understanding the eligibility and application requirements for Social Security Disability Insurance (SSDI) is challenging to do on your own. When you are faced with hurdles from the beginning of the process – chronic or debilitating illness, financial stress from an inability to work, and confusing qualification requirements – submitting a correct and complete SSDI claim is easier to handle when you have help from an experienced disability lawyer.

Tennessee Social Security disability lawyer Daniel Martin has been helping people receive Social Security benefits for 13 years. His thorough, knowledgeable approach provides valuable peace of mind as you navigate your application or appeal. Applying for SSDI can be overwhelming and intimidating, which is why the Law Office of Daniel Martin prioritizes a client-centered and results-oriented strategy to calm nerves and get results.

Whether you need help with your initial application or your appeal, Daniel Martin can guide you through each stage of your claim with the experience you need and the compassion you deserve.

What are the Eligibility Criteria for SSDI?

In order to qualify for SSDI, you must meet the eligibility criteria, which consist of medical and work-related requirements. Each claim is reviewed and considered on a case-by-case basis, but the general guidelines for eligibility include the following:

Work History

The Social Security Administration (SSA) requires that anyone applying for SSDI has enough work credits to receive benefits. Work credits are obtained through work history and by paying into Social Security through payroll taxes. Typically, 40 credits are required, with at least half of those being earned in the previous ten years prior to your disability. There are some exceptions to this, so it’s a good idea to discuss the work credit requirement with an SSA attorney.

Medical Conditions

Your medical condition must meet the SSA’s definition of disability, which includes:

• Severity
• Duration
• Inability to work

Your condition must prevent you from doing substantial gainful activity, and it must last at least 12 months or be expected to lead to death.

The SSA has a list of impairments, referred to as the Blue Book, that describes medical conditions considered severe enough to qualify applicants for SSDI benefits. If your condition is not on the Blue Book list, you may still be able to receive benefits if you can prove it is as severe as the other qualifying conditions.

Compassionate Allowances

In addition to the Blue Book conditions, the SSA also has a list of compassionate allowances. The criteria for compassionate allowances is the same as any other medical issue or illness, but because these conditions are so severe, they meet the SSA’s definition of disability more easily. People with the following medical conditions would qualify for faster processing under the compassionate allowances program based on the SSA’s screening for eligible conditions:

• Rare genetic disorders, including Tay-Sachs disease and certain severe congenital heart conditions
• Organ failure and transplant candidates, including end-stage renal disease and advanced heart failure
• Select neurological disorders, such as Huntington’s disease, ALS, and early-onset Alzheimer’s disease
• Some cancers, including pancreatic cancer and small-cell lung cancer

Substantial Gainful Activity and Working with SSDI

To qualify for SSDI benefits in Tennessee, you cannot participate in substantial gainful activity. This means you cannot earn more than a certain amount of money each month. The maximum amount changes annually, and there is a different amount for applicants who are blind. Contact an SSDI attorney to find out what the income limits are before you finalize your application. Knowing what you can and cannot earn before submitting an initial claim may help you avoid lengthy appeals.

The Law Office of Daniel Martin provides free consultations for SSDI applicants needing guidance on the eligibility requirements or claims process. We understand how confusing and frustrating it can be dealing with the SSA’s bureaucracy, which is why putting our experience to work for you can make a significant difference in your Social Security disability application and appeal.

What Happens if the SSA Denies Your SSDI Application?

The majority of initial disability claims are denied. If this happens to you, don’t panic; you can appeal the decision. The appeals process has multiple stages, including reconsideration and a hearing before an administrative law judge.

Appealing an SSDI denial is a multi-step process, and having guidance from an SSA lawyer is especially beneficial at this stage. The first step is ensuring that you understand the denial letter because vital information is included in the letter. It will explain why you were denied SSDI benefits and inform you of your right to appeal.

You have 60 days from the date you receive the denial letter to file your appeal. The first level of appeal is called reconsideration. In this step, you are asking the SSA to reconsider your claim, which involves your application being reviewed by a new person who was not involved in the first decision.

If a reconsideration leads to a second denial, you can request a hearing before an administrative law judge. There are special forms that you must complete and file in order to make this request. You will then present your case at a hearing, including providing documentation and bringing witnesses to testify on your behalf. It can take one year or more to obtain a hearing date, so it’s crucial that you are prepared for your hearing to avoid any further delays in receiving benefits.

Supplemental Security Income (SSI)

In addition to Social Security Disability Insurance (SSDI), individuals in Tennessee may qualify for Supplemental Security Income (SSI). This program, administered through the Social Security Administration (SSA), provides financial assistance to disabled adults and children with limited income and resources. SSI is available not only to individuals with disabilities but also to people aged 65 and over who meet specific financial criteria, even if they do not have a disability. This is detailed in Title XVI – Supplemental Security Income For The Aged, Blind, And Disabled.

For those who meet the work history requirements, it is possible to receive both SSI and Social Security Disability or retirement benefits. Understanding the complexities of these programs and ensuring your application is complete and accurate is vital.

As with SSDI claims, appealing an SSI denial can be challenging. Ideally, securing a favorable decision early in the process is the best outcome. Unfortunately, only about 3 percent of claimants are successful during reconsideration, but the success rate improves to approximately 13 percent at the administrative law judge hearing stage. Working with an experienced disability lawyer can significantly increase your chances of winning your SSI appeal.

Contact the Law Office of Daniel Martin today to schedule your free consultation.