Navigating the complexities of the Social Security Disability (SSD) system can be a daunting task, especially when you’re already grappling with the challenges of a disabling condition. At Berg Injury Lawyers, our Fresno SSD lawyers understand the physical, emotional, and financial toll a disability can take. With over 40 years of experience and a compassionate and dedicated approach, we’re committed to providing comprehensive support to help you secure the benefits you deserve.
Types of SSD Claims
The Social Security Administration offers two primary programs that provide financial assistance to individuals with disabilities:
- SSDI (Social Security Disability Insurance): SSDI is an insurance program funded by payroll taxes. To be eligible, you must have worked and paid into the system for a sufficient number of years, accumulating enough “work credits.”
- SSI (Supplemental Security Income): SSI is a needs-based program for individuals with disabilities who have limited income and resources. It’s designed to help cover basic living expenses like food and shelter.
Understanding the distinctions between these programs is crucial in determining which one you may qualify for and what benefits you might be eligible to receive.
Eligibility for SSD Benefits
Qualifying for SSD benefits involves meeting specific criteria, which can vary depending on the program you’re applying for.
- Medical Conditions That Qualify: To qualify for SSD benefits, you must have a medical condition that significantly limits your ability to perform basic work activities. Some of the conditions include musculoskeletal disorders, cardiovascular conditions, neurological disorders, and mental health impairments. For a complete list of qualifying conditions, refer to the Listing of Impairments. Even if your condition isn’t on the list, you may still be eligible if you can demonstrate that it prevents you from performing substantial gainful activity.
- Work Credits Required for SSDI: Eligibility for SSDI requires a certain number of work credits, which are earned through your employment history. Generally, if you’re age 31 or older, you need at least 20 work credits in the last 10 years leading up to your disability. Younger workers may qualify with a lower number of credits.
- Income Requirements for SSI: SSI benefits are means-tested, meaning they’re available to individuals with limited income and resources. To qualify, your countable income must be below a certain threshold, and your resources must not exceed $2,000 for an individual or $3,000 for a couple. Find detailed eligibility criteria on the SSA website.
Understanding these eligibility requirements is crucial in determining whether you have a strong case for SSD benefits.
Compensation Available Through SSD
If you’re approved for SSD benefits, you may be eligible to receive:
- Monthly Disability Benefits: The amount of your monthly benefit will depend on several factors, including your average lifetime earnings and the type of SSD benefits you qualify for.
- Backpay for Benefits Dating Back to the Onset of the Disability: If your application is approved, you may be entitled to receive retroactive benefits for the period between the date your disability began and the date your application was approved.
- Medicare or Medicaid Eligibility After Approval: After receiving SSDI benefits for 24 months, you automatically qualify for Medicare. SSI recipients may qualify for Medicaid immediately upon approval.
These benefits can provide crucial financial support to individuals with disabilities, helping them cover their basic needs and medical expenses.
Common Reasons for SSD Denial
Unfortunately, the majority of initial SSD applications are denied. Some of the most common reasons for denial include:
- Incomplete or Insufficient Medical Evidence: The Social Security Administration requires comprehensive medical documentation to support your disability claim. If your application lacks detailed medical records, test results, or physician statements outlining the severity of your condition and its impact on your ability to work, it’s likely to be denied.
- Application Errors: The SSD application process is complex and involves extensive paperwork. Even minor errors or omissions can lead to delays or denials. It’s essential to ensure your application is complete, accurate, and submitted on time.
- Not Meeting the Required Criteria for Disability: The Social Security Administration has strict definitions of disability. If your condition doesn’t meet their specific criteria or if you’re still able to perform some type of work, even if it’s not your previous occupation, your application may be denied.
Don’t be discouraged if your initial application is denied. You have the right to appeal the decision, and having an experienced Fresno SSD lawyer by your side can significantly increase your chances of success.
How Our Fresno Social Security Disability Lawyers Can Help
Applying for SSD benefits and navigating the appeals process can be overwhelming, especially when you’re dealing with a disability. Our Fresno SSD lawyers are here to guide you through every step of the process, ensuring that your rights are protected and your chances of success are maximized. We offer comprehensive assistance, including:
- Assistance With Initial SSD Applications: We will meticulously review your medical history, work history, and other relevant information to help you prepare a strong and compelling application. We’ll ensure that all necessary documentation is included and that your application is submitted accurately and on time.
- Gathering and Presenting Medical Evidence: We’ll work closely with your healthcare providers to obtain detailed medical records, test results, and expert opinions that support your disability claim. We’ll present this evidence in a clear and persuasive manner to the Social Security Administration.
- Filing Appeals for Denied Claims: If your initial application is denied, we’ll guide you through the appeals process, including requesting a reconsideration, filing a hearing request, and preparing you for your hearing before an Administrative Law Judge.
- Representation at SSD Hearings: We’ll represent you at your SSD hearing, presenting your case effectively and advocating for your rights. Working with vocational or medical experts, we’ll ensure that your voice is heard.
Contact Our Fresno Social Security Disability Lawyers Today
The SSD system is filled with intricate rules and regulations. Our experienced attorneys have an in-depth understanding of these complexities, ensuring that your case is handled with precision and care. We’ll anticipate potential obstacles, develop effective strategies, and aggressively pursue your benefits.
If you’re struggling with a disability, contact Berg Injury Lawyers today for a free consultation. Our compassionate team is ready to fight for you and help you secure the SSD benefits you deserve.
