If you are no longer able to work due to injury or illness, you could recover benefits. These might include Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.
If you applied and were denied these benefits, a Social Security Disability lawyer in Melbourne, FL, from Bogin, Munns & Munns can guide you through the appeals process.
Types of Social Security Benefits for Which You May Qualify
The Social Security Administration (SSA) offers two programs.
Supplemental Security Income (SSI)
The requirements for these benefits are:
- You have a disability that meets the SSA’s criteria.
- You have limited funds and need help paying for basic needs.
Social Security Disability Insurance (SSDI)
You might be eligible for these benefits if:
- You have a disability that meets the SSA’s criteria.
- You have earned enough credits from working and paying Medicaid and Social Security.
Of the two, SSDI has higher compensation and average monthly benefits than SSI. You can talk to your lawyer about how you can get the financial aid you need. You can also learn more about Social Security Disability benefits on our FAQ page.
To consult with an experienced social security disability lawyer serving Melbourne, call 855-780-9986
More About SSDI Benefits
Those who qualify for SSDI aren’t able to work full time, but the requirements to receive these benefits go beyond this inability.
You must be “insured” in order to be eligible for SSDI benefits. To be insured, you must have a work history with a qualifying earning record. There are two factors that determine whether your work history will qualify.
First, you must have accumulated enough time working in order to be eligible for SSDI. The more time spent working, the more you pay into the system through taxes. If your work history is too short, you may not qualify for benefits.
The recency of your work history is also important. In addition to earning enough work credits, you must also have performed that work in recent years. The more time that has passed since your work history, the less likely you are to recover benefits.
Working while on SSDI
Although SSDI exists to provide for those who can no longer work, benefits are still available for individuals who can maintain a limited degree of employment. However, you will not be eligible if you are capable of performing “substantial gainful activity.” You can work part-time if you don’t earn more than is allowed for SSDI benefits.
What’s more, you have the right to a trial period before your SSDI benefits come to an end. This trial period lasts for nine months. After that, if you and your doctors determine you can’t work full time, you can continue receiving SSDI without a penalty.
Even if you return to work, you could be entitled to some benefits over the course of the following 36 months. During that period, you are entitled to benefits if your monthly earnings fall below a specific threshold. This time is known as the “extended period of eligibility.”
Melbourne Social Security Disability Lawyer Near Me 855-780-9986
Reasons Why SSDI Claims Are Denied
The unfortunate reality for many first-time SSDI filers is that the SSA routinely rejects these claims. Even in cases where an applicant otherwise qualifies, minor errors in the paperwork could result in a denied claim.
Some of the most common reasons for a denied SSDI claim include:
Lack of Medical Evidence
For some injuries like severe bone fractures, there is little doubt that the injury exists. In other cases, it could be difficult to prove that you are suffering from a specific condition. The SSA will deny claims that are not backed up by adequate proof that the condition exists and qualifies.
Furthermore, a qualifying condition must have lasted 12 months or be considered terminal. You must also prove that this medical condition has impeded your ability to work at a substantially gainful level on a regular basis. Our Melbourne Social Security Disability lawyers can consult your doctors for supplemental documentation if the SSA denied your claim.
The forms required to apply for SSD benefits are as lengthy as they are complex. Many people unfamiliar with the claims process will struggle with the requirements. If the forms are not filled out correctly, a denial may be in order.
Our Social Security Disability attorneys serving Melbourne can ensure your paperwork is complete and accurate during the decision review process.
Lack of Insured Status
As mentioned, you must be insured—meaning you have a qualifying work history—in order to recover SSDI benefits. If you have not accumulated enough work credits or have not worked in recent years, the SSA could deny your claim.
Failure to Cooperate
Just as you have the right to pursue an SSDI claim, the SSA has the right to investigate the nature of your claim. In other words, they are entitled to review your records and documentation related to your condition.
If you refuse to cooperate with the investigators, it could cost you the chance to recover compensation.
Refusal to Follow Doctor’s Orders
It is not enough to simply secure a diagnosis for a qualifying injury or illness. You must also take steps to mitigate the harm you suffer. This process starts with following the medical advice and treatment plan prescribed by your doctor. Should you fail to follow the plan, the SSA could deny your claim.
Your health comes first, so make sure to follow through with whatever treatment plan your doctor prescribes. Even after you begin receiving benefits, your doctor will need to monitor your condition during regular checkups.
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What an SSD Lawyer Serving Melbourne, FL, Can Do For You
After 90 days of having applied for Social Security disability benefits, you should receive the first denial letter. You then have 60 days to file an appeal. An SSD lawyer can help you through this process.
After about 90 days, you may receive a second denial. This time you must appeal/request a hearing with an Administrative Law Judge. The appeal must be filed within 60 days from receipt of your second denial.
If your appeals are not filed within that timeframe, your case will be closed, and you will have to file a new appeal.
Our lawyers can take over the following tasks on your behalf while you focus on recovering from your injuries.
- File an appeal in the event your claim is denied
- Gather important documents, like expert testimony and medical records
- Speak with SSA representatives on your behalf
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Discuss Your Options for an SSD Claim With Bogin, Munns & Munns
For many people, the benefits that come with a successful SSD claim can be life-altering. If you were denied these benefits through an SSD claim, the attorneys of Bogin, Munns & Munns can assist you with the appeals process. You can focus on your health while we take care of the decision review process.
Call today to learn more about how one of our Social Security Disability lawyers in Melbourne, Florida, can serve you.