Social Security Disability
The law firm of Hunter and Beck is here to help our clients, throughout Louisiana, navigate the Social Security Disability (SSD) process. We are experienced lawyers with a history of obtaining positive results.
At Hunter and Beck, we know that SSD cases can produce more questions than answers. Don’t go through this process alone.
Frequently Asked Social Security Disability Questions
The primary reason for people to apply for disability benefits is to replace lost income when a disabling condition prevents them (or will prevent them) from working for 12 months or longer. In addition to monthly case disbursements, eligible individuals will also receive medical benefits so they can obtain the care they need. You should speak with your doctor and to determine whether or not you might qualify.
The Social Security Administration has a long list of medical conditions that are generally accepted as a disabling condition, making a person eligible for benefits under the SSD program. Many unlisted conditions, however, can also result in eligibility, so long as there is documented medical proof that the condition has rendered a person disabled. As a result, approval for SSD benefits is done on a case-by-case basis. In fact, often, a combination of medical issues can result in approval even when each condition, considered by itself, might result in a denial of coverage.
The simple answer to this question is to say the Social Security Administration has the final say over whether or not a person is disabled. In reality, however, it is a combination of many key players working together to determine whether or not you are disabled. These players include yourself, your doctor, your attorney and even administrative law judges should your case be appealed. For example, an applicant believing he or she is disabled and deserves benefits is the first, most important step in this determination.
Permanent Disability means that you are unable to work for a year or more. Many clients assume that this means they must wait a full year before they may apply for benefits. This thought could not be further from the truth. Many conditions, supported by medical opinion, can predictably last at least 12 months. As a result, it is possible to apply for and receive Social Security Disability benefits well before a year has passed.
There are three primary issues that you must demonstrate to the SSA to prove total disability. They include:
- Your disease prevents you from doing the same work as before you became afflicted
- You are unable to adjust to other forms of work due to your disease
- Your medical condition is expected to last at least a year or result in death
Working alongside an experienced attorney and your medical professional, you will have the support you need to obtain evidence needed to prove total disability.
The Social Security Administration will review several factors to determine the amount of benefits you could receive. These factors include your age, your work history and how much you paid in Social Security taxes throughout your life. Our attorneys will work hard to obtain the maximum compensation to which you are entitled.
There are several steps to the Social Security Disability appeals process, and they must be done in order, before you are permitted to advance to the next stage. They include:
- You may apply for reconsideration in most states, within 60 days of being denied. A new adjudicator, who was not involved in the original decision, will review old and new evidence before issuing a decision.
- If your reconsideration request results in a second denial, you then have 60 days to request a hearing with an administrative law judge. You will have the opportunity to present witnesses, including doctors or anyone else who can support your claim. The judge will then issue a written decision approving or denying your application.
- The next stage is to request an Appeals Council review. The appeals council has the ability to approve or deny a review request, meaning that it may choose to review your case, send it back to the administrative law judge or not review your case at all.
- The final stage in the appeals process is to take your case before a Federal Court judge.