Are you unable to work due to a serious disability? If so, you may be eligible to claim Social Security disability benefits depending on your work history. Social Security Disability (SSD) is a federally funded program the Social Security Administration (SSA) provides. SSD is used as supplemental income for individuals who are mentally or physically unable to work.
If you sustain a long-term injury or illness that keeps you from working, you could receive SSD benefits. Also, if you are retired and disabled, you may still receive SSD and your retirement pension.
At Mooney Law, our experienced attorneys can help you file a claim, appeal a denied claim, and easily navigate the legal process.
Who Qualifies for SSD Benefits?
Specific requirements must be met to receive SSD benefits. These include:
Medical Eligibility
To qualify for SSD benefits, individuals must have a medical condition that meets the Social Security Administration’s definition of disability. This means the condition must prevent you from engaging in substantial gainful activity (SGA) and be expected to last for at least 12 months or result in death.
Work History
In addition to meeting the medical criteria, applicants must have a sufficient work history to qualify for SSD benefits. This is typically determined by the number of work credits you have earned through paying Social Security taxes. The number of work credits required depends on your age at the onset of disability.
Age Requirements
While there is no minimum age requirement to qualify for SSD benefits, applicants must be younger than full retirement age to be eligible. However, there are special rules for younger individuals who become disabled before reaching age 22, allowing them to qualify for benefits based on a parent’s work record.
Income and Resources
Unlike Supplemental Security Income (SSI), a needs-based program, SSD benefits are unaffected by income or resources. However, other sources of income, such as workers’ compensation or private disability insurance, may impact the amount of SSD benefits you receive.
At Mooney Law, we can help you understand the eligibility criteria for SSD benefits and guide you through the application process.
Common Reasons Your SSD Claim May Be Denied
If your SSD claim is denied, there are some common reasons why this may happen. These include:
Insufficient Medical Evidence
Insufficient medical evidence is one of the most common reasons for SSD claim denials. The Social Security Administration (SSA) requires detailed medical documentation demonstrating your condition’s severity and its impact on your ability to work. If your medical records are incomplete or fail to adequately support your claim, it may result in a denial.
Failure to Follow Treatment Plans
Another reason your SSD claim may be denied is if you fail to follow prescribed treatment plans. The SSA expects claimants to comply with medical treatments recommended by their healthcare providers. If you fail to follow through with treatments without a valid reason, it may raise doubts about the severity of your condition and your commitment to improving your health.
Engaging in Substantial Gainful Activity
SSD benefits are intended for individuals who cannot engage in substantial gainful activity (SGA) due to disabilities. Your claim may be denied if the SSA determines that you can work and earn above the SGA threshold. Accurate reporting of your work activity and earnings is essential to avoid potential complications with your SSD claim.
Failure to Meet Technical Eligibility Requirements
In addition to medical criteria, SSD applicants must meet certain technical eligibility requirements, such as having enough work credits and meeting income and resource limits. Failing to meet these requirements can lead to your SSD claim being denied.
Legal Options if Your SSD Claim Is Denied
If your SSD claim is denied, don’t give up. There are legal options to consider. These include:
File an Appeal
If your SSD claim is denied, you can appeal the decision. The appeals process consists of several stages, including reconsideration, a hearing before an administrative law judge, and further appeals to the Appeals Council and federal court if necessary. Our experienced attorneys can guide you through each stage of the appeals process and represent you during hearings to present your case effectively.
Request a Reconsideration
Before proceeding to a formal appeal hearing, you can request a reconsideration of your claim. During reconsideration, a different examiner will review your case, reassess the evidence, and determine whether the initial decision was correct. Our team can assist you in gathering additional evidence and presenting a strong case for reconsideration.
Gather Additional Evidence
To strengthen your SSD claim, it may be necessary to gather additional medical evidence or obtain testimony from vocational experts to demonstrate the severity of your condition and its impact on your ability to work. Our attorneys have extensive experience working with medical professionals and vocational experts to gather compelling evidence to support our client’s claims.
Seek Legal Representation
Navigating the SSD appeals process can be complex and overwhelming, especially when dealing with a denial. Having experienced legal representation on your side can significantly increase your chances of success.
Recover the Benefits You Deserve with Help from Mooney Law
At Mooney Law, we are committed to helping individuals in Central Pennsylvania navigate the complexities of the Social Security Disability system. If you’re facing challenges with your SSD claim, whether it’s a denial or navigating the appeals process, our experienced team is here to provide compassionate guidance and aggressive advocacy.
With our knowledge, dedication, and personalized approach, we work to ensure that you receive the benefits you deserve to support yourself and your family.