Social Security Disability Attorney in Greeneville TN
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Individuals in Greeneville with a medical condition that prevents them from working may have the right to Social Security disability benefits. The Social Security Disability Insurance (SSDI) program provides financial payments to workers with qualifying disabilities. However, the Social Security Administration (SSA) imposes strict requirements for eligibility.
Most SSDI applications are denied at first, but many applicants go on to receive benefits through the appeals process.
We Stand Up for Justice, Integrity & Accountability
You can significantly improve your chances of having your SSDI application accepted by hiring experienced legal representation. For over 60 years, The Terry Law Firm has helped Greeneville residents with disabilities secure the benefits they deserve. We’re a small-town firm with big-city know-how, providing personalized service and aggressive advocacy.
Contact our office today for a free initial consultation with our Social Security disability attorneys in Greeneville, TN, to learn more.
SSDI Eligibility for Injured Greeneville Workers
Greeneville workers who suffer an injury, illness, or other medical condition that prevents them from working may become eligible to receive Social Security disability benefits. Applicants for SSDI must meet two basic eligibility requirements. First, they must have sufficient work history to show that they have paid into the Social Security system that funds the SSDI program. Second, applicants must have a qualifying disability.
Once the SSA approves an SSDI application, an applicant will begin receiving benefits in the sixth month after the onset of their disability. However, some applicants can receive back benefits of up to 12 months before applying. Benefits continue until a recipient can return to the workforce, although some recipients may receive benefits as they transition back to work.
In evaluating whether an applicant has sufficient work history to qualify for SSDI, the Social Security Administration uses work credits to measure work history. Individuals earn a work credit when they earn a minimum amount of wages or self-employment income, up to a maximum of four credits per year. To qualify for SSDI benefits, most applicants will need at least 40 work credits, with 20 credits earned in the previous 10 years. However, younger workers may qualify with fewer credits.
A disabled applicant can receive Social Security benefits only if they have a total disability that prevents them from working. The physical or medical condition that prevents an applicant from working must have lasted or will last at least 12 months or result in the applicant’s death.
The Social Security Administration uses a five-step process to determine whether an applicant has a qualifying disability:
First, the SSA determines whether an applicant still works and, if so, whether they earn enough average monthly income that their work qualifies as substantial gainful activity.
Second, the SSA evaluates whether the applicant’s medical condition significantly limits their ability to perform basic tasks, including lifting, standing, sitting, walking, or following instructions.
Next, the SSA checks to see whether the applicant has a medical condition that is considered severe enough to qualify as a disability.
If an applicant does not have a qualifying medical condition, the SSA will evaluate whether their condition prevents them from performing previous jobs.
Finally, the SSA will conduct a vocational evaluation to see whether the applicant can perform any jobs that meet the applicant’s medical limitations or needs. This evaluation considers the applicant’s medical condition, age, education, past work experience, and transferrable skills.
Documenting Your Disability for a Greeneville Social Security Disability Claim
You will need substantial medical evidence to prove that you have a qualifying disability that entitles you to SSDI benefits. Examples of evidence you might use to document your disability for your SSDI application include:
Medical records of consistent treatment and rehabilitation you have sought for your disabling condition
Treatment notes, opinion reports, and testimony from your treating providers
Reports and testimony from medical and vocational experts who have examined you and reviewed your medical records
Testimony from family members, friends, and co-workers regarding the effects of your disability on your personal and professional life
Appealing an SSDI Denial in Greeneville, Tennessee
The Social Security Administration denies most SSDI applications on initial review. However, applicants have the right to appeal a denial within 60 days of receiving notice of the denial. The odds of receiving an approval through the appeals process are better – especially if you work with an experienced attorney like those at The Terry Law Firm.
First, an applicant may seek reconsideration of their application by a different claim reviewer. On reconsideration, an applicant can supplement the information supporting their application to address any deficiencies that may have led to the initial denial of their claim.
When reconsideration upholds the denial of an application, the applicant can request a hearing before an administrative law judge (ALJ), where they can present evidence, testimony, and arguments to explain why the claims reviewers erred in denying the application. If the ALJ rules against them, they can further appeal to the Appeals Council, which can either dismiss the appeal or grant review. When the Appeals Council grants review, it can either issue a decision or return the case to the ALJ for further consideration.
Once applicants have exhausted the SSA’s administrative appeals process, they can file a lawsuit in federal district court to seek further review of the claim.
Why You Should Hire Our Greeneville SSDI Attorneys
Working with an experienced Greeneville disability attorney from The Terry Law Firm can make the SSDI application and appeals process more manageable and improve your chances of having your application approved. Since 1960, workers have turned to us for help pursuing the benefits they need because:
Our team of highly qualified lawyers takes a collaborative approach to each case, using our collective knowledge and experience to develop creative solutions for our clients.
Our lawyers and staff strive to create a caring, welcoming atmosphere where clients feel comfortable discussing their legal issues.
Our firm has a long track record of success in disability cases.
We promptly respond to all calls and emails, so clients never have to wait for the answers and information they need.
Talk to Our Social Security Disability Lawyers in Greeneville Today
If you’ve suffered a disability that prevents you from working, you may have the right to Social Security Disability Insurance benefits. Contact The Terry Law Firm today for a free consultation with our Social Security disability lawyers in Greeneville. We are ready to represent you through the application and appeals process and advocate for the disability benefits you need.
Social Security will pay you benefits if you cannot work because you have a medical condition that is expected to last at least one year or result in your death. This description is the federal government’s definition for disability and will be used to determine whether your situation qualifies you for disability benefits. The definition limits the disability payments to long-term only and does not give money to people with partial disability or short-term disability. Primarily, if you have paid enough in Social Security taxes – at least half of the working quarters since you turned 21 years of age – you are eligible to file a claim for Social Security Disability if you become disabled.
To get disability benefits, in addition to meeting the disabled definition, you must also meet two different earnings criteria:
A “recent work” test based on your age at the time you became disabled; and
A “duration of work” test to show that you worked long enough under Social Security.
The Social Security office will review your application to determine whether you worked enough years to qualify and to assess the level of your current work activities. If you meet these criteria, your application will be passed on to the Disability Determination Services office in your state which completes the disability decision for the Social Security office.
The state agency will ask your doctors and specialists for information about your condition and will consider all the facts in your case. They will use the medical evidence from your doctors and hospitals, clinics or institutions where you have been treated and all other information.
Specifically, they will ask the medical team for the following information:
What your medical condition is
When your medical condition began
How your medical condition limits your activities
What the medical tests have shown
What treatment you have received
In addition to the above, they also will ask the doctors for information about your ability to do work-related activities, such as walking, sitting, lifting, carrying and remembering instructions. Your doctors are not asked to decide if you are disabled. Additional medical information may be needed before a final decision can be made. It is possible that the state agency will ask you to go for a special examination. Although the preference is to use your current doctor, the exam may be conducted by another qualified physician.
According to the Social Security Administration the length of time it takes to receive a decision on your disability claim can take from three to five months.
It can vary depending on several factors, but primarily on:
The nature of your disability;
How quickly medical evidence is obtained from your doctor or other medical source;
Whether it is necessary to send you for a medical examination in order to obtain evidence to support your claim; and
If your claim is randomly selected for quality assurance review of the decision.
Yes. The Social Security Disability Insurance has an initiative called Compassionate Allowances (CAL). This is a process whereby the Social Security office can provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards. There are 88 qualifying rare diseases and cancers on the list. Compassionate allowances allow the office to quickly identify diseases and other medical conditions that qualify under the Listing of Impairments, based on minimal objective medical information. Compassionate allowances allow Social Security to quickly target the most obviously disabled individuals and get their benefits to them.
It is possible that certain members of your family qualify for benefits based on your condition and your previous work.
Those family members include:
Your spouse, if he or she is 62 or older
Your spouse, at any age if he or she is caring for a child of yours who is younger than age 16 or disabled
Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under age 18 or under age 19 if in elementary or secondary school full time
Your unmarried child, age 18 or older, if he or she has a disability that started before age 22. (The child’s disability also must meet the definition of disability for adults.)
Your divorced spouse may qualify for benefits based on your earnings if he or she was married to you for at least 10 years, is not currently married and is at least age 62. The money paid to a divorced spouse does not reduce your benefit or any benefits due to your current spouse or children.
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