To be deemed eligible for Social Security Disability Insurance, your condition must fit into the strict legal definition of disability as set by the Social Security Administration (SSA) for this purpose. Your disability must have lasted or be expected to last 12 months; no benefits are paid for partial or short-term disability.
The concise legal definition of disability for Social Security purposes considers you disabled if a) you have a severe medical condition that interferes with basic work-related activities; b) you cannot do the work you did before; c) SSA decides that you cannot adjust to other work because of your medical conditions; and d) your disability has lasted or is expected to last for at least one year or will result in death.
While this definition may sound straightforward, these Houston Social Security Disability attorneys with decades of experience understand the SSA nuances of the definition of disability. Social Security maintains a list of medical conditions that are so severe that if you meet their diagnosis requirements, they rule that you are disabled.
It is very difficult to prove to Social Security that you are disabled; Medical records must be gathered and analyzed. Our Houston area attorneys are helpful in working with your medical professional to establish the severity of your diagnosis. Further work by a lawyer will help you prove that your condition interferes with your recent employment and all other types of eligible work thus meeting the legal definition of disability.
The Social Security Disability Insurance (SSDI) Application process is the important first step in obtaining disability benefits. Don’t overlook the significance of properly preparing the extensive information required. The application requests information regarding your medical history, work history, personal history and educational background. The more specific and detailed the information you collect, the higher your likelihood of prevailing on your claim.
Approximately 65% of Social Security Disability applications are denied for various reasons, including not submitting the proper paperwork, not submitting detailed medical records or the applicant not understanding the complexities of the Social Security regulations. Hiring our lawyers to guide you through the process may make you one of the luck few who receive benefits upon initial application. Our skilled Social Security Disability attorneys will ensure you submit detailed, extensive information geared to what the Social Security Administration is looking for to approve your claim.
Houston Social Security attorney, Rolnick & Hengst, can use their more than 50 years of combined experience to navigate your application through the lengthy application process.
Supplemental Security Income (SSI) pays benefits to disabled adults and children who have limited income and resources.
For the purposes of SSI, disabled means a person has a medically determinable physical or mental impairment, which results in the inability to do any substantial gainful activity and can be expected to result in death; or has lasted or can be expected to last for a continuous period of not less than 12 months.
To qualify for the SSI program, a person must have limited income and resources. Limited income includes money you earn from work, money you receive from other sources and even free food or shelter provided to you. Limited resources are things you own such as cash, land, vehicles, life insurance, personal property and anything else you can translate into cash for food or shelter.
Nationally, 65% of Social Security Disability and Supplement Security Income Disability Claims are denied the first time they are submitted partially due to the stringent definition of disability. If your Social Security Disability claim is denied, there is a short time period to file an appeal. At any step of the appeal process, our Social Security Disability lawyers are beneficial to your claim. The experience and practical knowledge of the process they bring to your case simplifies the long Social Security claims process.
First, you file a request for reconsideration. An individual with the Social Security Administration (SSA), who was not involved in your initial disability claim decision, will review your original documents plus any new evidence submitted and make a new determination.
If your claim is denied on reconsideration, you may ask for a hearing before an Administrative Law Judge (ALJ). At the hearing, you can call witnesses to testify and present evidence to support your claim for disability. However, SSA may also call witnesses to testify, such as medical or vocational experts, who will try to rebut your claim for benefits.
If your claim is denied by the ALJ, you can submit a petition for review to the Appeals Council. The Appeals Council will deny the review if it believes the hearing decision was proper. If they decide to review the case, they will either award you benefits based on evidence in the file or return your claim to the ALJ for another hearing.
After these administrative remedies have failed, you may file a lawsuit in federal district court asking for a review of SSA’s decision denying your claim for benefits.
If you qualify for Social Security Disability benefits, certain family members may also qualify for auxiliary benefits on your account. Your benefit will not be affected by the benefits paid to your family members. Whether it is your spouse or your children, our Social Security lawyers will review your family situation and explain the possibilities for family benefit.