How To File An Appeal For Social Security
Have you been denied for Social Security Disability benefits? It happens all too often where thousands of Americans are denied by the Social Security Administration for payments, income, and medical benefits. If you or a loved one has been denied by the SSA for disability benefits, then file your claim immediately and have Attorneys Lee Eadon Isgett Popwell & Owens review your case.
Filing An Appeal For Disability
The first step in receiving the Social Security Disability benefits that you rightfully are owed is filing an appeal with the SSA. If your appeal is reviewed then the SSA will investigate your income, tax payments, physical restrictions, mental limitations, age, education and work experience to determine if benefits can be awarded to you or a family member. There are times where you may have to present your case to an Administrative Law Judge in order to receive your Social Security Disability benefits. If you need to go to an Administrative Law Judge to have your appeal reviewed talk to our attorneys about properly representing you and your case.
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A Dedicated And Experienced Legal Team At Your Service
The team of attorneys at LEIP Law is ready to fight for our clients when they need it the most. Those who need Social Security because of a disability can benefit immensely from our Social Security Benefits expertise. Benefits can make all the difference in the world for clients who need a source of income to make it through a difficult hand life has dealt them.
How it works
Most people work their whole lives paying into Social Security and there is no reason that system should fail them when they need it the most. There are occasions when people can no longer work because of an injury and that means that it is time to cash in on their social security. The process works by applying for benefits through the government and when accepted, you will be provided with an income that will last as long as needed. It can be a means of surviving for people who can no longer work. At LEIP Law, we provide legal service when it comes to Social Security disability and that includes the following:
- Offer detailed medical evidence – Part approving your case requires proof that your condition is legitimate. There are guidelines specified by the Social Security Administration which list specified criteria for receiving benefits. Many people are denied Social Security because they fail to produce the necessary medical information. Our team of attorneys will help clients collect all the information and evidence that proves their current condition matches the Social Security Administration standards.
- Collecting additional information – There is other information required to collect Social Security disability benefits. Applicants must provide certain information about their finances, past employment, and work history. Our lawyers will help clients gather this necessary information and put it together for submission.
- Helping in denied claim appeals – Not all claims are going to be approved. But just because they are denied does not me you do not have the right for an appeal. We will assist clients throughout the entire appeals process. In fact, most initials claims are denied as it is sometimes a formality. We can walk our clients through that appeal process so that everything it’s covered accordingly.
- Appear in front of a judge – Denied claims need to get approved by a judge before an appeal can go through. Our attorneys will be right by your side as we stand before a judge and present all your case information. This will be done to properly detail the entirety of your condition during an actual hearing.
There are specific eligibility requirements that need to be met in order to claim Social Security. The first and most important requirement is that an individual must have ceased working or has severely limited his/her overall work hours. The work hours have to be below what is considered a substantial amount of gainful activity. That means a very low amount of gross earnings, although there are small exceptions. Those who want to gain eligibility for social security must be able to provide proof of the following:
- A personal injury that meets specified impairments
- A personal illness that meet specified impairments
- The inability to work because of that specified illness or injury
- The illness or injury is anticipated to last more than a year or lead to death
- The inability to perform previous work duties
- The inability to perform other kinds of work detail and duties
It is a common misconception that the application for benefits requires a 12-month waiting period. The reality is that the application process can begin the day an individual is no longer capable of working. This does not apply to short-term injuries which can improve and heal within a year’s time. Those who may break a bone are not eligible for this kid of benefits.
Filing a Claim With Your Social Security Office
Filing a social security claim is not as simple as just filling out a form. There is a lot more that goes into it. The initial application process can be done in an online capacity, via telephone call or at a nearby Social Security office. But it is important to bring necessary documentation when applying for benefits. Applicants should have a copy of their birth certificate, documentation of work history, recent earning information, doctor contacts, medication information, as well as their social security number. In the event that the individual underwent recent treatment at a local hospital, there is a need to provide documentation of the services rendered.
This is a lot to undertake, especially for someone who is suffering from a serious injury or illness. Furthermore, most people are not fully aware of everything that is needed. A social security office representative will not tell you everything that is needed because if you fail to produce any of that, it will be easier to deny your claim. An attorney at LEIP Law can help prepare you for this process by ensuring you have every piece of documentation needed to get your benefits.
The Process Of Appealing a Denied Claim
It is important to know that many applications are denied upon their first submission. This is mainly due to a host of oversights and errors within the application. There is not much leniency when making the decision as the Social Security office is notoriously tough. This is why applicants have to be thorough in the process. Many times, applicants lack the sufficient evidence simply because they are not aware of what needs to be provided. This is where benefits lawyer at LEIP Law can intervene and complete the application process with all the necessary information.
There are various reasons why a claim is denied and many times it’s because the reported earnings signify a sufficient amount of work activity. There are other reasons for denials and maneuvering around these challenges is best left to a professional social security attorney.
How We Help You Get Your Deserved Benefits
The lawyers at LEIP Law do more than just ensure applicants have all the necessary documentation. There is more involved in the process. When a claim is denied, one of our attorneys will appeal the claim. This is often done using the argument that an applicant’s mental and physical limitations need to be taken into account. This may also include posing hypothetical questions that highlight all those limitations.
An attorney will also maneuver to show that an applicant cannot be able to sustain the same quality of life without the acquisition of these benefits. Cross-examinations of vocational experts may also occur as a lawyer can a question why a claim was denied in a number of ways. There are a lot of tactics that can be used during the appeals process. Having an experienced Social Security attorney working for you will provide an immediate advantage and LEIP Law is ready to provide you with the upper hand you may need to get your benefits.
The Blue Book is another important name to know as this is what the Social Security Administration will consult in determining eligibility. The book contains a host of disability impairments that have criteria which must be met in order to receive benefits. It is important that applicants show proof of meeting these requirements as it is a detailed process. Becoming familiar with the Blue Book is important in this process and a lawyer at LEIP Law will explain all those intricacies in simpler terms.
Qualifying for Benefits
There is a long list of conditions that will qualify individuals for Social Security ad it may just come down to proving those conditions have physical or mental limitations that negate the ability to work. Here is a look at the various disorders that could earn benefits:
- Imbue system
- Genitourinary system
Those who have had an amputation, a loss of speech or hearing, blindness, osteoarthritis, cystic fibrosis, chronic heart failure, or, inflammatory bowel disease may also qualify. Recent transplant recipients also fall into this category, according to which organ they received. However, this long list does not make gaining acceptance any easier. Those who are applying for benefits may need to prepare themselves for a battle with the Social Security Administration. The best way to prepare in Columbia, SC is to contact an attorney at LEIP Law. We can get you started on the pathway to receiving social security that can help take some of the worry out of your everyday life.