An experienced Holmes NY Social Security disability lawyer can help maximize the chances that your Social Security disability claim will be successful. Because of the complicated nature of Social Security disability, properly filing a successful claim requires extensive knowledge. Fortunately, our seasoned legal team at Hermann Law Group PLLC has that knowledge and experience needed.
Out of work? Suffering severe symptoms? Learn the process of successfully submitting a Social Security disability claim below. Your disability does not need to hinder your financial future.
Social Security Disability vs. SSI Benefits
Both Social Security disability and Supplemental Security Income (SSI) offer benefits to disabled Americans. However, they both offer different benefits, as well as hold different eligibility requirements. Based on your income, history of work, or other relevant factors, you can either receive Social Security disability, SSI, or a combination of either one.
Social Security Disability Eligibility
You can receive Social Security disability if you meet the following conditions:
- You’ve worked for at least five of the previous ten years
- Your condition was diagnosed by a medical practitioner, and
- Your condition prevents you from working for at least one year.
After meeting the above conditions, Social Security can approve your claim, and then you will begin to collect your benefits right away. Also, if you meet the requirements for Social Security disability for two years, then you can apply for Medicare as well.
Unfortunately, having an insufficient work history prevents the majority of people from successfully applying for Social Security disability. People most at risk of this fact includes young adults, family caregivers, and longstanding disabled Americans.
Supplemental Security Income Eligibility
Fortunately, most people that aren’t approved for Social Security disability can still receive supplemental security income. Your eligibility for SSI is based on the following conditions:
- Your countable income, as well as other financial resources
- The severity of your medical issue, and
- If your disability restricts you from working for one year.
The limit for countable income for SSI in 2017 was $1,103 for couples and $735 for singles. It’s important to remember that SSI payments are typically less than what Social Security benefits offer. Also, SSI provides Medicaid instead of Medicare.
To figure out if you meet eligibility requirements for either SSI or Social Security disability, you’ll need to review your medical records and earnings. You can also consult with a Holmes NY Social Security disability lawyer to help make a determination.
Applying for Social Security Disability in Holmes NY
Apply online or in-person for your Social Security disability benefits. But, before you begin the application process, collect and organize all the pieces of your evidence. You must prove the following information to the Social Security Administration:
- Medical conditions and when they became disabling
- Doctor’s name and contact information
- Vocational skills and work training
- Mental and physical capabilities
- Financial and living situation
Upon completing your application, the SSA will review your full medical record. In some cases, they may require an exam from their consulting doctor. During this exam, the doctor will assess your current mental and physical health. After receiving their doctor’s prognosis, the SSA will decide whether your case is approved or denied. Your case is more likely successful if you’ve consulted with a Holmes NY Social Security disability lawyer. However, sometimes the SSA still denies those claims as well. What can you do if your claim is denied?
How to Appeal a Denied Claim
If your claim is denied, do not give up. The SSA denies about 65 percent off all Social Security disability applications. Fortunately, with a knowledgeable Holmes NY Social Security disability lawyer beside you, you can overturn a denied claim through an appeal.
Some common reasons most claims are denied include:
- Failing to provide all medical records
- Miscommunication between the SSA and your doctor concerning your condition
- Giving false or inaccurate information on your application
- Failing to fill out every form
- Not properly listing all your medical issues
If your claim is denied, you and your Holmes NY Social Security disability lawyer will review your application and fix any problems.
You must submit your Request for Reconsideration no later than 60 days after your claim is denied. Unfortunately, if you do not meet this deadline, then you will need to restart the process over. You can request a formal hearing if your appeal is subsequently denied. In order to prepare for your hearing, your Holmes NY Social Security disability lawyer will help you do the following:
- Collecting all evidence supporting and explaining your claim
- Filing out all required paperwork and forms
- Educating you on every aspect of an appeal
- Requesting on-the-record decisions (if applicable)
Consult a Holmes NY Social Security Disability Lawyer Now
Contact Hermann Law Group PLLC to speak to an experienced Holmes NY Social Security disability lawyer today.