Overcome Claim Denials With A Tri-State Social Security Disability Benefits Lawyer
If you are disabled and attempted to claim Social Security Disability (SSD) benefits but were denied, you still have options. A determination of permanent and total disability is the cornerstone of an SSD case. An experienced lawyer can help you present the proof you need and navigate the appeals process to work toward getting you the compensation you need.
The Law Office of William C.O. Reaves, P.S.C., serves clients just like you who have been denied SSD benefits. Attorney William Reaves has more than 40 years of legal experience and will discuss your case with you during a free initial consultation. Based in Ashland, he handles these claims across Kentucky, Ohio and West Virginia.
Common Disabilities That Could Qualify For SSD Benefits
The SSA maintains a list of impairments that automatically qualify for SSD benefits if certain criteria are met. Conditions that aren’t on that list may still qualify if they are sufficiently long-term in nature and prevent you from working.
Here are some common disabilities that often qualify:
- Musculoskeletal disorders: Conditions that affect bones, joints and muscles, impacting mobility and dexterity. Examples include fibromyalgia, rheumatoid arthritis and osteoarthritis.
- Cardiovascular conditions: Examples include congestive heart failure, coronary artery disease and congenital heart defects.
- Neurological disorders: Examples include multiple sclerosis, Parkinson’s disease, cerebral palsy and epilepsy.
- Mental disorders: Disabling conditions include depression, anxiety, schizophrenia, autism spectrum disorder and bipolar disorder.
- Respiratory illnesses: Chronic conditions such as chronic obstructive pulmonary disease (COPD), asthma and cystic fibrosis.
- Immune system disorders: Examples include lupus, rheumatoid arthritis and HIV/AIDS.
Each condition has specific criteria that must be met for SSD benefits approval, including severity, documented medical evidence, and the impact on one’s ability to work.
Frequently Asked Questions About SSD
Below are answers to common questions about SSD. Talk to Mr. Reaves for additional guidance on your situation.
Who is eligible for SSD benefits?
SSD benefits are intended to assist those who are disabled by providing cash payments. Whether you are eligible depends in part on how long and how much you have paid into the Social Security system through an adequate work history.
To be eligible to receive SSD benefits, you must:
- Be determined to be disabled by the Social Security Administration (SSA)
- Have worked and previously paid into the Social Security system
The determination of eligibility does not depend on your assets or the income or assets of your spouse. Nor is eligibility based on whether a work injury made you disabled or the type of disability, whether mental or physical. You must only show, to the satisfaction of the SSA, that you are totally and permanently disabled, and have an adequate work history.
Why do SSD claims get denied?
Common reasons for SSD application denial include:
- Insufficient medical evidence to prove the disability
- The disability is not expected to last at least 12 months or result in death
- Failure to meet the requirements for adequate work history
- Incomplete applications or insufficient information
Sometimes, applications are also denied if the SSA believes the disability does not significantly limit your ability to perform basic work activities.
What happens if I am denied SSD benefits?
You can appeal the denial, provided you do so within the right time frame. Appealing the denial of an SSD claim is not an in-court process. This means you will not have to discuss your private matters, including your disability or financial circumstances, in front of a jury. Instead, challenging the SSD denial is done through an administrative process before the SSA. Generally speaking, you have a period of 60 days from the date of your denial to pursue an appeal. Read your denial notice carefully; it will state if you have a shorter period. There are federal court appeals available if you have exhausted your appeals through the SSA, but these are handled by a judge, not a jury.
How is the amount of SSD benefits determined?
The amount of SSD benefits you receive is based on your average lifetime earnings before your disability began. It is not influenced by the severity of your disability or household income. The SSA uses a formula to calculate your benefits based on your recorded earnings history, which you can view in your Social Security statement.
Is it possible to work while receiving SSD benefits?
Yes, but there are limits on how much you can earn. The SSA allows you to test your ability to work while on disability through a program called “trial work period” (TWP). During this period, you can earn any amount of money without impacting your benefits, provided you report the work and continue to have a disabling condition. If you’re considering this program, talk to Mr. Reaves before starting work. He can help you take the right approach so that you don’t jeopardize your benefits.
Free Consultation | No Out-Of-Pocket Fees
Lawyer William Reaves has spent his career helping people throughout the tri-state area seek SSD payments. To discuss your SSD claim or eligibility during a free consultation, contact his law firm online or by phone at 606-325-1154.
Mr. Reaves will always return your calls and strives to provide quality, personal service to each and every client. His attorney fees are paid out of any recovery he gets for you; if your claim is unsuccessful, you do not owe him any attorney fees.