Social Security Disability Claims

Introduction

Many individuals mistakenly assume that their Social Security disability claims will automatically be accepted. While some enjoy easy acceptance, those struggling with mental illness, chronic pain, and a variety of other conditions are frequently denied the benefits they deserve.The Social Security disability filing process is very confusing, and the appeals process is even worse. Applying for Social Security disability benefits with or without an attorney advocating on your behalf can be a stressful and confusing process. Unfortunately, you have a high chance of being denied your benefits.  Approximately 70% of all SSDI and SSI claims are denied at the first application stage.

With such a high denial rate, what can you do?  Hiring an advocate who knows the complex social security system will greatly increase your chance of approval.  A longtime Social Security lawyer with a track record of success, Keith Wells is committed to the wellbeing of his clients. Aware of the urgency of his clients’ situations, he works hard to reverse claim denials.  No matter the nature of your current health problems, it is in your best interest to reach out to an attorney with an in-depth understanding of the filing process.  Acceptance is far more likely for those backed by knowledgeable attorneys. Lawyers well-versed in the filing process know how to present claims in the most favorable light. They highlight evidence most capable of persuading governing authorities that their clients’ disabilities are in line with the impairments listed in the Social Security Blue Book

 

Eligibility and Differences between SSI and SSDI Claims

The Social Security Administration pays disability benefits under two programs:  Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).  The SSDI program pays benefits to you if you qualify, as well as death benefits and survivor benefits to certain members of your family.  This includes children’s benefits and widow’s benefits.  If you have worked long enough and paid social security taxes, you become eligible for Social Security Disability Insurance. . If you are insured and have a qualifying disability that leaves you unable to work, you can be eligible for benefits. The other social security disability program is Supplemental Security Income (SSI).  The SSI program pays benefits to disabled adults and children who have limited income and resources in addition to a qualifying disability.  This does not require a certain amount of time that you have worked and paid into the social security system.

For most people, the medical threshold for benefits eligibility are the same for both SSDI and SSI. Disabled workers get Medicare coverage automatically after receiving SSDI benefits for two years. Many times, SSI recipients are eligible for Medicaid as well.  For SSDI, the amount of money you will receive each month is based on the Social Security earnings record of the insured worker. For SSI, the monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources.

 

The Appeals Process

If your Social Security claim was denied, all hope is not lost. Representation at the hearing level will greatly enhance the likelihood of reversing your claim denial. Look to Keith Wells for support throughout the entirety of this difficult and confusing process.

Filing for social security disability benefits is not a simple process and it is common for disabled applicants to leave out important information or fail to provide enough medical or work evidence. Many times your claim will be denied even when you do have the right to receive the benefits.  For over 30 years, Keith Wells has been an expert in Social Security disability law.  He is very  familiar with the local judges and what evidence the judges require.

  • Request for Reconsideration — The first level of appeal is reconsideration, which is a complete review of your application by a new examiner who did not make the first decision. Keith may  submit additional evidence to help support your claim at this level. If you were getting disability benefits, but your benefits ended because the SSA says your condition improved even if you think it did not, Keith can help you fight for your continued benefits.
  • Hearing — The next level of appeal is a hearing before an administrative law judge. At this level, Keith will present evidence to the judge to show you are disabled.  This can include medical records and  witness testimony.  Keith knows which doctors and which documentation you will need to win your case.
  • Appeals Council review — If you are still denied at the hearing level, Keith will continue to fight for your claim by appealing to the Social Security Appeals Council. At this point, the Appeals Council it will either make the decision itself or send it back to an administrative law judge.
  • Federal court review — The final level appeal is to file a lawsuit in Federal court.

 

FEES

To learn more about how Keith can help you, please email us as office@socialsecurity-pensacola.com  or call 850-432-444.  Initial consultations are free and there are no fees unless we win benefits for you.

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