Syracuse Social Security Disability Lawyers Obtaining Benefits For Individuals in Need
If you have recently become disabled due to a serious injury, illness, personal injury, or other circumstances, you may meet the eligibility requirements to file for disability benefits. These are commonly known as SSD benefits.
This benefit program was established by the Social Security Administration (SSA) in order to lend assistance to individuals who might be in financial need due to an inability to work. Disability benefits are designed to assist individuals who do not have the income to pay bills, purchase groceries, and other essential care items, and provide support for their families.
More often than not, individuals who file a disability claim are denied benefits. If you have a physical or mental disability that prohibits you from working and have been turned down, you need to speak with one of our Social Security disability lawyers. Our lawyers can explain how the Social Security system works and help determine the best course of action for you.
Contact the law offices of Passalacqua & Associates, LLC at (315) 500-6425 and ask to speak with one of our experienced attorneys who can review your case and help to determine the best strategy going forward.
What Do I Have to Prove In Order to Receive Social Security Disability?
In order to qualify to receive Social Security disability benefits, there are certain criteria that you must prove in order to be considered eligible:
- You must not be currently engaged in what is known as “Substantial Gainful Activity.” In easy-to-understand terms, this means that you must not be working and earning money over a specific limit.
- You must currently have at least one severe medical impairment that prevents you from being able to work.
- Your severe impairment must be a direct cause of limitations that prevent you from performing the type of work that you have performed for the last 15 years. This is also known as your “past relevant work.”
- Your limitations must also prevent you from performing any other type of work that is available in the regional or national economy.
It should also be noted that with certain medical conditions, if it can be proven that your medical problems meet specific requirements, it may not be necessary to prove the occupational component of your claim.
As your disability lawyers, we can help you gather evidence, required medical records, and other necessary information needed to help file an initial claim or assist you with an appeal.
What Should I Do If My Claim is Denied the First Time?
A majority of the individuals who file their first claim are denied benefits. Social Security Disability Insurance is also known as SSDI. A large number of individuals are usually turned down for their first SSDI claims. One benefit of having an attorney assist you with filing a claim is that you have a greater chance of being approved in your initial submission. However, it should be noted that hiring an attorney to help you is no guarantee that you will succeed in your first attempt.
If you are turned down, the next step would be for you to submit what is known as a reconsideration application to the SSA. At that point, a Social Security staff member will review your claim. They will either approve your resubmitted claim or once again deny you benefits.
If you are denied after submitting the reconsideration form, the next step is to appeal the decision by asking for a hearing in front of an Administrative Law Judge. As your attorneys, we can assist by helping you prepare for the hearing. We are committed to standing by you through the appeals process. After listening to the evidence presented, the judge will make a determination as to whether or not the SSA’s denial should be upheld or overturned.
If the judge agrees with the SSA and upholds the denial, you have the option to take your case to trial in federal court. At this point, we will review the strength of your case and help you make a solid decision in regard to pursuing your claim. We are dedicated to working to achieve the best possible outcome for our clients
What Would Cause My Claim to be Denied?
If your claim has been denied, you may be confused as to why you are not being approved when you suffer from a severe disability.
There are several reasons why SSDI claims may be denied, including the following:
Incomplete/insufficient medical records: In order to qualify for benefits, you must have strong, well-supported medical evidence that documents your disability. This is required to demonstrate why you are unable to work. If your application does not include an adequate amount of medical information, your claim will, in all likelihood, be denied.
Prior denials: Do not make the mistake of filing a new application if your initial claim is denied. You need to be certain to follow the proper appeals process after you have been denied. Filing a new application will increase the chances that your application will again be denied, and you will fail to receive benefits.
Conflicting expert opinions on whether you are able to work: One of the biggest obstacles to being approved for Social Security Disability benefits is the opinion of the expert who reviews claims. If there are conflicting opinions, the SSA will most likely go with the one that determines you are not disabled and eligible to work.
You earn too much money: Social Security Disability (SSD) claims are meant to assist individuals who are physically unable to work and earn an income. If you continue to work, you most likely will earn too much money and therefore be considered ineligible for benefits. Individuals are only permitted to earn a minimal amount of income if receiving benefits. Moreover, if an individual is able to work and earn money, this is more evidence that they are not too disabled to work and thus are ineligible to collect disability payments.
Failure to follow medical advice: If it is revealed that the applicant is not following their physician’s medical advice in regard to treatments for the disability or there are gaps in the time periods between care, the application will, in all probability, be denied. Without proper documentation, the SSA cannot reasonably determine if the applicant is indeed disabled and in need of benefits.
Failure to cooperate: If the applicant ignores the SSA’s request for further information or does not comply with the application process, the claim for Social Security Disability (SSD) will not prove to be successful.
Why Should I Hire Passalacqua & Associates, LLC to Help Me With My Social Security Disability Claim?
The process that the Social Security Administration uses to process and evaluate claims can be overly complex and extremely confusing. Consequently, it can be difficult to navigate on your own.
Often, we find that there are some clients who do not have enough work quarters of the year to file for SSD benefits. However, the SSA has another option in which some applicants may qualify to receive SSI benefits instead. Supplemental Security Income (SSI) is a federal income supplement program for those who are disabled and unable to work but do not meet the necessary requirements to receive SSDI.
When you come in for a free strategy session, we can review your work history and help you determine which type of benefit would be appropriate for your personal circumstances. Our attorneys recognize many of our clients have worked all their lives and applying for any type of benefits may be a difficult decision. Whether you are applying for SSD benefits or are trying to receive SSI payments, we will stand by your side through the entire process as we work to obtain a positive end result for you.
The law firm of Passalacqua & Associates, LLC is unwavering in its commitment to our clients. We work hard to build trust so that you feel confident in our attorney-client relationship. We have the experience and knowledge necessary to help with all manner of Social Security Disability claims, appeals, and all other matters related to receiving benefits. Contact our law offices by calling us at (315) 500-6425 and scheduling a free strategy session with an experienced Social Security Disability lawyer.