Social Security Disability Lawyers in Lenoir County Advocating for Your Benefits
If you have physical or mental health conditions that prevent you from working or holding a steady job, Social Security Disability is a program designed to give you benefits. However, many individuals find themselves applying for Social Security Disability only for their application to be denied, seemingly for no reason. Fortunately, even if your application has been denied previously, you can still fight for your benefits. Getting Social Security Disability is much more accessible with the help of a legal professional on your side who knows the ins and outs of the Social Security Administration and the application process.
At Swindell Law Firm, PC, our team has years of experience handling Social Security cases. We can advocate for you throughout the entire process, from filing your application to representing you before a judge if necessary. Please don’t feel like you must fight for your rights on your own. Contact our team today by calling 252-262-1325 for a free consultation.
How does the Social Security Administration Define Disability?
In order for your application to be approved, you must meet the Social Security Administration’s definition of disability. The SSA’s definition states that you must not be able to do any “substantial gainful activity” due to your physical or mental impairments. Your impairments must also be expected to result in death or be expected to last for a continuous period of at least 12 months.
The term “substantial gainful activity” refers to the level of your work activity abilities and your earnings. Work is considered to be substantial if it involves significant mental or physical activity (or both). This work can be full-time or part-time to be considered substantial. Work is considered to be gainful if it is performed for pay or profit. It can also be considered gainful if the work is intended for profit, even if that profit is never realized.
The SSA will evaluate every individual’s application on a case-by-case basis. The administration uses its own calculations based on your disability to determine whether your work activity is considered substantial gainful activity. The administration will then compare these calculations to your monthly earnings. However, the SSA does not use substantial gainful activity to determine eligibility if you are blind.
What is the Social Security Disability Process?
In most cases, you can submit your application for Social Security Disability online. After creating an account, you will enter your personal information, including the date and place of your birth, information about your marital status, your employer details, and your healthcare information. You may also have to submit copies of your birth certificate, W-2 forms, and workers’ compensation forms, if applicable.
Once your application is submitted, a Social Security Administration employee will review your application and check your medical records. They will compare your medical records to the SSA disability list to ensure you qualify. They may also review information submitted by your doctor, therapist, and employer for information about your disability and how it impedes your daily work. After reviewing all this evidence, the agent will decide whether you qualify.
If you qualify, you will receive a letter indicating your monthly benefit amount and when it starts. If you do not qualify, you will get a letter explaining your denial and how you can appeal.
How Long Does the Social Security Disability Application Process Take?
The Social Security Disability application process can be lengthy, and timelines vary. However, it generally takes between three and five months to process an application and get a decision from the Social Security Administration. Your application process may take longer if you have to track down medical records or employment information before submission.
Because the application process takes so long, consulting with an experienced attorney as soon as possible is essential. Our team can help you fill out your application so it is accurate and helps you avoid delays in the process. Any individuals who are denied Social Security Disability must wait 60 days before re-applying online, so it is in your best interest to submit an accurate application.
What Does a Social Security Disability Attorney Do?
No matter where you are in the application process, our team can help. There are many ways for us to assist you, including:
- Gathering medical information from doctors and therapists as proof of your disability.
- Contacting your doctor to obtain their medical opinion of your disability.
- Helping you prepare and submit your application with all the necessary documents attached.
- Submitting appeals or new applications after a denial.
- Preparing you for a hearing before an Administrative Law Judge.
- Representing you in court before the Administrative Law Judge.
- Filing an appeal with the Appeals Council if necessary.
- Filing a lawsuit in federal court if necessary.
Even if your application has already been denied, you still have options. Contact our team today to learn how you can appeal your case and get the benefits you deserve.
Should I Hire a Social Security Disability Lawyer?
Applying for Social Security Disability is an unfortunately long and complex process. In many cases, individuals are denied benefits without a full explanation as to why, leaving them unable to work and unable to receive the life-saving benefits they need. No matter where you are in the application process, our team at Swindell Law Firm, PC, can assist you.
We believe that all our clients should receive the necessary benefits they need to live. Whether you’ve just started your very first application or you have already been denied, contact our team today. Call our office at 252-262-1325 for a free consultation from experienced attorneys who have your best interests at heart.