South Kingstown Disability Lawyer

ROB LEVINE, SOUTH KINGSTOWN DISABILITY LAWYER

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One of the reasons Social Security denies most claims is because a lot of people get discouraged by the process and then give up their claim. If you have additional questions, or think you are ready to speak to a lawyer about your disability matter, call now.

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HOW A SOUTH KINGSTOWN DISABILITY LAWYER HELPS

What most applicants do not realize is that the chances of their disability being denied is great. It’s a simple tactic used to ward off applicants that are not serious or educated enough about the process that is initially applied to everyone by default. Do not get discouraged by your denial, as it is completely normal. Your best chances of carrying out the next steps are going to be with a disability attorney to guide you. Get one now by calling.

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GETTING BACK ON YOUR FEET

When you perform substantial gainful activity and you are forced to stop working due to your medical condition or because special conditions that took into account your impairment were removed, Social Security will automatically deem it an unsuccessful work attempt (UWA) if it lasted for three months or less. If the work attempt lasted between three and six months, you must also show that you were frequently absent from work due to your impairment, your work was unsatisfactory because of your impairment, you worked during a temporary remission of your impairment or you worked under special conditions that were essential to your performance and these conditions were removed. Work activity lasting longer than six months can never be deemed a UWA.

If your condition improves and you no longer meet Social Security’s criteria for disability, then your monthly benefits can continue if you participate in an approved Vocational Rehabilitation program that is expected to help you become self-supporting. Your payments can continue until you complete the program. This work incentive is known as Section 301 Payments.

TYPES OF DISABILITY

The Supplemental Security Income (SSI) program pays benefits to disabled adults and children who have limited income and resources.

Social Security Disability Insurance (SSDI) is available to people who meet certain earnings requirements by paying enough Social Security taxes. Generally, you must meet two different earnings tests: a “recent work” test based on your age at the time you became disabled; and a “duration of work” test to show that you worked long enough under Social Security.

FAQs About Your

SSDI Case

What is a compassionate allowance?
In order to decrease the decision time for a claim, the SSA has identified a list of conditions that have already met their standards for disability benefits. This initiative was created to help those with serious disabilities by simplifying the process. There are two ways your condition will qualify you for benefits under the CAL Initiative.
  • If you have a listed illness or disease that is the same as listed in the schedule of diseases listed on the SSA website, you may automatically qualify for benefits.
  • If your disability has the same signs and symptoms as a disease listed on the schedule under the CAL Initiative, then you may qualify for benefits as well.
 
Can I receive SSI and SSDI benefits at the same time?
In order to receive concurrent benefits, there are going to be two separate tests. The standard to receive benefits medically is the same in both programs. The difference between the two programs is your work history and income level. In order to qualify for SSDI, you must have worked for the last five years and paid into the Social Security system. If you qualify for SSDI and your monthly compensation is less than the maximum amount, currently $783, you could be eligible under the SSI program. Remember, you must qualify for each one individually. In order to qualify for SSI, you must not have income greater than the maximum nor can your net worth be greater than $3,000. This looks at both your income and your household income. For example, if you were receiving $500 for SSDI, you could qualify for $283 under the SSI program.
Why do I need a lawyer to help me apply for SSDI?
Hiring an attorney to help you with your Social Security Disability application is beneficial as it can decrease the length of time it takes for you to get an approval. Their experience in these cases allows them to know what information and documentation you need to receive the maximum amount of benefits.
What happens if my SSDI claim has been denied?
There are two reasons for the denial. The first is that the SSA indicates that you are not qualified for either the SSDI or the SSI program, or both. This is based on your work history, your household income, and your net worth. Generally, unless you believe they are making an error as to what you paid into the social security system or your income level, this is not something that attorneys generally appeal. The second is that the SSA determines that you are not medically qualified for benefits--meaning they believe that you are able to perform gainful employment or your medical condition doesn't qualify. This could be grounds for appeal.  There are four levels of appeal at the administrative or agency level. In order of application, you begin by filing an initial claim. You then file for reconsideration, you then go before an administrative law judge for a hearing, and finally, you can appeal the administrative law judge's decision before the appeals council. You can be approved or denied at any of those four levels. After you have exhausted all four agency levels, you can either start your application over and remain at the administrative level by filing a new initial claim. Or, you can file an appeal by the appeals counsel leaving the agency level and appealing to the federal district court.  
If I don’t have enough work history, or any at all, can I still receive benefits?
Although you may not be able to receive SSDI benefits, you can still apply for Supplemental Security Insurance. Since this is a program based on financial need, you can qualify for these benefits if you do not exceed the Social Security Administration’s limit for income and/or assets.

Win Your Social Security Disability Claim If you’re one of the 8.6 million American workers who are unable to work because of a physical or psychological condition, you may be eligible for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income.
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