Seeking Social Security Disability Benefits?
Newport Social Security Disability Lawyers Will Fight for You
To suffer a debilitating injury or illness is an ordeal. Individuals in such circumstances have already been separated from their ordinary lives — they are in pain, they can no longer work and relationships with loved ones are likely to suffer strain. While the U.S. government offers relief in the form of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), pursuing these benefits is, for many, a frustrating and fruitless experience. Roughly 60 percent of initial SSDI and SSI applications are denied on average. Retaining an experienced Social Security disability lawyer is highly recommended in order to help you ascertain the Social Security benefits that you need to live your life comfortably.
Choosing a lawyer to represent you in SSDI/SSI cases is an important decision. Simply put, the right attorney can make the difference between receiving benefits and being denied. The lawyers at Myers & Ball, LLP offer experienced help, backed by years of successful results. We offer a personal approach when it comes to matters involving Social Security benefits, representing you with empathy and impassioned dedication. No matter why you are seeking SSDI benefits – whether you were in an accident, developed a disabling condition or fell ill – we can help. Once we are on the case, our Social Security disability lawyers will ensure that your concerns are understood and your needs are met under the law, giving you the confidence to face your future with more certainty.
How Do I Qualify for SSDI or SSI?
In order to qualify for disability benefits, you must be able to prove you have a disability. What is considered an official “disability” by the SSA is determined by a long and tedious process. The rules are very strict. Along with the following requirements, it should be noted that Social Security benefits are only considered for those suffering from “total disability” — meaning Social Security benefits will not be given to those suffering from any disabilities that are considered “partial” or “short-term.”
You are considered disabled by the SSA if you meet one of the following qualifications:
- You cannot work as you did before.
- The SSA decides that your medical conditions prohibit you from working, or adjusting to other work.
- Your disability “has lasted or [is] expected to last” for a minimum of one year, or will result in death.
You may become disabled after an accident, but this is not always the case. Our law firm represents people who have developed debilitating conditions, such as carpal tunnel, cancer or other illnesses.
How Are Social Security Benefits Determined?
There is a general process for how Social Security benefits are determined. Usually, five questions are asked by the SSA when trying to determine eligibility for Social Security benefits:
- Are you working? If you can work enough to make $1,180 on average every month, you generally will not be accepted as “disabled”. If you are unable to work, a copy of your application will be sent to the Disability Determination Services who will have a say in determining your medical condition. However, this income limit changes every year.
- Is your condition considered severe? For a disability to be considered severe, it must completely interfere with your basic ability to work.
- Is your disability featured on the official disability list? The SSA keeps a list that covers a multitude of disabilities for every major body system. If your condition is on that list, that means you are automatically eligible for Social Security disability benefits. If your disability is not on the list, however, your condition will still be assessed. If it is found to be of equal or greater severity to another similar disability found on the list, then your application will most likely be accepted.
- Can you return to work and perform as you did previously? If your condition is not on the list, it will be determined whether the condition prevents you from performing your duty at work. If it is deemed that the condition does not inhibit the individual from performing his or her job, his or her application for benefits will likely be denied.
- Is there any other work you could do? If your condition does prevent you from returning to work and/or performing to standard, your ability to make an income in other fields will be assessed. If you are deemed capable of adjusting to another occupation, your application will most likely be denied. Other existing medical conditions, your age, education, past working experience and any other relevant skills will be assessed to determine your ability to adjust to other work.
It should be noted that there are other extenuating circumstances — such as benefits for disabled children or wounded veterans as well as death of a loved one due to a workplace accident — that are also considered for Social Security disability benefits. See the full list on the Social Security Administration’s website.
Still Have Questions? Find Out How We Can Help for Free
You already have to contend with so much, let one of the experienced Newport Social Security disability lawyers at Myers & Ball, LLP help you secure your future.
If you would like to discuss your case with a lawyer, then reach out to our offices today. Initial consultations are always free. Our law firm services the greater Newport area as well as throughout eastern Tennessee, including Morristown, Jefferson City, Dandridge, Seymour, Gatlinburg, Pigeon Forge, Sevierville, Greeneville. Call us at (423) 248-1023 or book an appointment online to set up your complimentary consultation today.