Johnson City Social Security Lawyer

Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) can be a huge benefit if you’re ill or injured and cannot work. But there can be many bumps in the road between filing your application for disability benefits and actually receiving them.

If you’ve had trouble securing benefits from the Social Security Administration (SSA) or need help appealing a decision, our Social Security disability lawyers want to help. Contact The Terry Law Firm today for a free consultation with an experienced SSDI attorney in Johnson City, Tennessee.

Why You Need a Social Security Disability Lawyer

Being approved for Social Security disability can take a long time and several attempts. Many Tri-Cities residents may wait up to a year or longer for benefits. Having a Johnson City Social Security disability attorney help you with your case can shorten the wait time and avoid common mistakes many people make on their applications.

If your Social Security disability claim was denied – and most initial applications are, in fact, rejected – you have the right to request a review of the denial. If the review results in a continued denial, you have the right to appeal that decision.

A Social Security disability lawyer in Johnson City can help by developing a solid strategy to appeal the denial or possibly help you reapply with a stronger application. Many applicants go on to receive SSDI and SSI benefits through the review and appeals process.

What Is Social Security Disability Insurance and Supplemental Security Income?

SSDI is a federal program that pays benefits to people who can no longer sustain gainful employment because of a chronic, severe, or long-lasting illness or disabling injury. Applicants must demonstrate that they are disabled or ill to the point of being unable to work in any job, which can be tricky. Eligibility for SSDI benefits is also based on the applicant having paid enough into the system by earning work credits and paying Social Security taxes. Assets are not a factor.

Supplemental Security Income (SSI) is another program administered by the SSA. Unlike SSDI, SSI does not look at an applicant’s work history, but eligibility is means-tested. If you have too much money and assets, you won’t qualify. SSI provides a monthly stipend to people who are blind, disabled, or aged 65 and older who meet a certain low-income threshold. SSI recipients are also automatically qualified for Medicaid, which provides comprehensive healthcare benefits and coverage for long-term care in a skilled nursing facility.

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What Disabilities Qualify for SSDI and SSI?

The SSA has a comprehensive list of medical conditions that qualify an adult or a child (there are some differences) for SSDI or SSI benefits. The Blue Book (which can also be found online) lists these conditions categorized by type. If your disabling condition is not listed in the Blue Book, you must establish that your condition is substantially similar to a listed condition.

Your disability must also prevent you from working in any type of gainful employment for at least 12 months or be expected to end in death. Certain conditions allow applicants to bypass the claims process and receive benefits more quickly through what is called a compassionate allowance.

Proving some of these qualifications is relatively straightforward. However, the SSA’s determination of how disabled you are versus how disabled you think you are may be two different things. Our Social Security disability lawyers can help you provide the right supporting documentation for your SSDI or SSI application.

Navigating the Social Security Disability Medical Exams

The SSA conducts stringent medical evaluations of each applicant, ensuring that only those who meet the agency’s definition of disability receive benefits. The process includes a disability medical exam conducted by an SSA-approved doctor. The specifics of the medical exam will vary, depending on the nature of your disability and how severe it is.

The exam focuses on documenting your condition and determining its effect on your life and working abilities. It usually starts with a review of your medical records, and then SSA may ask your doctor questions about your ability to complete activities of daily living (personal care, chores, etc.) and your symptoms. They may ask you about your work history and what kind of activities you cannot do because of your illness or disability.

The SSA usually assigns the doctor for your exam, and they are contracted with the SSA to perform an unbiased, objective analysis of your medical condition as it relates to your disability claim. However, the doctor’s opinion may not be the sole one the SSA considers when approving or denying your claim.

Your own doctor’s evaluation and their records of your ongoing care can also play a part in the approval process. Having up-to-date medical records and consistent records of your ongoing care and treatment may make a difference in the SSA’s approval process.

Understanding Why SSDI and SSI Claims Get Denied

The most common reason an SSI or SSDI claim is denied is because the applicant didn’t meet the SSA’s threshold for a qualifying disability. Other times, though, the application is incomplete, or some omissions disqualify the applicant. For example, your medical records may not contain sufficient proof of your disability, or your medical exam didn’t provide sufficient information that could indicate you were disabled.

The good news is that working with our Johnson City SSD lawyers can improve your odds of success during the application process and during the appeals process, if that is needed. Many applicants whose initial applications are rejected go on to recover benefits through the review and appeals process.

Exploring Your Options After a Denied SSDI Claim

If your initial SSDI or SSI claim was denied, you have the following options:

File for a reconsideration within 60 days of the initial claim denial. This is a request for your claim to be reviewed by someone other than the person who initially reviewed it.
Request a hearing before an administrative law judge (ALJ) if the reconsideration is unsuccessful, which must be done within 60 days of receiving a denial of the reconsideration.
Appeal the decision of the ALJ in an appeal to the Social Security Administration Appeals Council.

If your claim is still denied, you have the right to file a lawsuit in civil court.

The Terry Law Firm: Your Trusted Partner as a Social Security Disability Lawyer

Do you need help with your claim for Social Security disability benefits? Have you been denied benefits and are unsure how to appeal the denial? We can help.

At The Terry Law Firm, we have thorough knowledge of the SSA’s requirements for disability benefits and how to help our clients put forth the strongest possible claim on their applications. We also have a deep understanding of the hearing and appeals process and can draft an appeal or argue on your behalf before the SSA.

Contact us today to speak with one of our trusted Johnson City, Tennessee, Social Security disability attorneys about your case.