Social Security Disability benefits can help you support your family if you are no longer able to work. Unfortunately, the process of seeking those benefits often presents many challenges, especially to those unfamiliar with the law. Even a minor error can lead to an unfavorable decision.
If you applied for benefits and received a denial, our firm can represent you during the appeals process. When you choose Bogin, Munns & Munns, a Social Security Disability lawyer in Daytona Beach will handle all aspects of your appeal and put your worries at ease. You’ll receive a consultation when you call.
The Two Types of Social Security Disability
Social Security Disability is an umbrella term that encompasses two types of benefits. Per the Social Security Administration (SSA), each type has its own set of requirements.
Social Security Disability Insurance (SSDI) Benefits
SSDI is available based on your inability to retain gainful employment due to a disability. You may qualify if you:
- Worked for the required number of years (the number may depend on your age and other factors)
- Have paid the required amount in Social Security taxes
- Have a diagnosed disability or illness that prevents you from working
- Are the spouse, former spouse, child, or adult disabled child of a worker who meets the above requirements
Supplemental Security Income (SSI) Benefits
By contrast, SSI is available based on income, not just disability. You may qualify:
- Regardless of how long you have worked and what type of employment you had
- If you have a diagnosed disability or illness that prevents you from working
- If you have a limited income
- If you are 65 or older and have a limited income, regardless of whether or not you are disabled
This synopsis is very basic about how SSDI and SSI work. Many exceptions and specifics could affect your eligibility for either type of benefit.
If you were wrongfully disqualified from receiving SSI or SSDI benefits, an SSI lawyer from Bogin, Munns & Munns can identify any missing or incorrect information in your paperwork during the decision review process. Then, we’ll make the necessary adjustments to your appeal.
How to Qualify for SSDI
In order to qualify for SSDI, you must have a disability that fits the SSA’s definition. “Disability,” per the SSA’s Listing of Impairments, is any condition “severe enough to prevent an individual from doing any gainful activity.”
These conditions could include but are not limited to:
- Heart conditions, such as chronic heart failure or peripheral vascular disease
- Musculoskeletal conditions, such as arthritis or curvature of the spine
- Mental conditions, such as schizophrenia or obsessive-compulsive disorders
- Respiratory conditions, such as asthma or chronic pulmonary hypertension
- Skin conditions, such as burns or lesions
- Cancers that originate in almost every area of the body
Again, the rules differ between SSDI and SSI. They also differ between adult applicants and child applicants. Our team can help you understand how those differences may have led to your claim denial and how an appeal could help.
To consult with an experienced social security disability lawyer serving Daytona Beach, call 855-686-6752
Evidence in Social Security Disability Cases
It is not enough to have a qualifying disability; you must prove that you have that disability to the SSA’s satisfaction. Your evidence must speak to:
- Your identity
- The identities of your spouse and children (if applicable)
- The longevity and severity of the disability
- Your work history (if applying for SSDI)
Examples of documents that the SSA may want to see include your:
- Birth certificate
- Medical records
- Banking information
- Tax information
- Employer’s and former employers’ information
Only by collecting all of the required information and presenting it properly will the SSA accept and process your application to receive benefits.
Daytona Beach Social Security Disability Lawyer Near Me 855-686-6752
How to Apply for Social Security Disability
It is important that you understand all of your rights, roles, and responsibilities under the law, as the application process for both SSDI and SSI can be long and difficult. The SSA outlines the tasks you will need to complete when applying for these programs:
- Completing paperwork: You will likely need to fill out many forms throughout the application process. They must all be completed correctly and on time, or you may jeopardize your case.
- Providing evidence: You must be able to prove that you deserve benefits to the SSA’s satisfaction. This will include contact information for all your treating doctors, your medical records, and your financial information.
- Participating in the mandatory interview: An SSA representative will ask questions about the evidence you provided and other aspects of your claim for additional clarification.
You should receive a decision within 90 days. If the SSA denies your initial claim, you have 60 days to initiate the appeals process—otherwise, you must submit a new application. At this point, you can hire our Daytona Beach Disability attorneys to prepare and submit your appeal.
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Appealing a Denial of Social Security Disability Benefits in Daytona Beach
Appealing a denial of SSD benefits can be just as complicated as filing an initial claim. The appeals process comes with its own set of paperwork and deadlines. For example, you have to begin with the first step of the process within 60 days of receiving your initial denial. Then, you may have to pursue benefits through four separate steps, including:
- A hearing before an Administrative Law Judge
- A review before the Appeal’s Council
- A hearing in Federal Court
Our Daytona beach Social Security Disability attorneys can handle each step for you while you rest and recover from your injuries.
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Our Attorneys Can Handle Your Social Security Disability Appeal
At Bogin, Munns & Munns, we provide several different services to our Social Security Disability clients. Before we get started, we will listen as you tell us the facts of your case during an initial consultation. From there, our attorneys will prepare your appeal and:
Represent You at Hearings and Reviews
If your case is rejected twice, we’ll request a hearing to have your case reviewed by an administrative law judge. Once we submit this request, hearings are generally scheduled for two years later. During this time, we will review all the documentation the SSA has on file for you and identify amendments or additions your case requires.
When the hearing arrives, we’ll represent you and present any new or corrected information. You’ll receive a decision within 60 days. Should this also result in rejection, our attorneys can file a subsequent appeal with the Appeals Council.
Advise You Throughout the Appeals Process
If you are ever unsure about something, call us at any time. Part of our job is to provide you with legal advice and information, empowering you to make the best decisions for your situation. You can take a look at our Disability FAQ page for more information about appealing your claim.
Keep You Updated
You do not have to wonder what is happening with your case because we can let you know as soon as something important happens.
A lawyer from Bogin, Munns & Munns can manage all of these tasks and more to ease your burden. You do not have to fight for Social Security Disability on your own. The team at our Daytona Beach office is here to take care of your case so that you have one less thing to worry about.
Consult Bogin, Munns & Munns Today
If you live in Daytona Beach and would like legal assistance with your Social Security Disability appeal, call Bogin, Munns & Munns.
An SSD lawyer from our office can explain what to expect, represent you every step of the way, and advocate for your receipt of SSDI or SSI benefits. We have team members standing by to take your call all day, every day.