SOCIAL SECURITY DISABILITY LAW

Social Security disability law is a complex domain of administrative law that encompasses a variety of statutes, regulations, and procedures designed to provide financial support to individuals who are unable to work due to a disability. Through the Social Security Administration (SSA), the U.S. federal government administers two primary disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

SSDI is designed for individuals who have paid into the Social Security system through payroll taxes. In contrast, SSI provides financial assistance to low-income individuals, whether or not they have an employment history. Both programs are meant to provide financial relief to people with disabilities, but each has distinct criteria for eligibility.

Eligibility Criteria for Social Security Disability

For SSDI, the eligibility is based on the credits earned through work history and the severity of the disability. To be eligible, individuals must have a sufficient number of work credits and must be suffering from a severe disability that has lasted or is expected to last at least 12 months, or is expected to result in death.

SSI, on the other hand, is means-tested, which means eligibility is based on financial need. Applicants must have limited income and resources and be either aged 65 or older, blind, or disabled. For SSI, the definition of disability is the same as SSDI.

The Definition of Disability

One of the cornerstones of Social Security disability law is the definition of disability. Under SSA rules, an individual is considered disabled if they are unable to engage in substantial gainful activity due to a medically determinable physical or mental impairment. The impairment must be severe enough that the individual cannot perform their previous work or adjust to other types of employment.

The Application Process

The application process for Social Security disability benefits is notoriously rigorous and can be lengthy. Applicants need to submit extensive medical documentation proving the severity of their disability. This often includes medical records, laboratory test results, and statements from healthcare providers. The SSA also assesses the applicant’s ability to perform work through a Residual Functional Capacity (RFC) assessment. It examines what tasks a person can still do despite their impairment.

Additionally, the application must provide evidence of financial need in the case of SSI or sufficient work credits in the case of SSDI. It’s imperative for applicants to ensure that all documentation is complete and accurate. Even small errors can result in delays or denials.

Consider the example of Jane Doe, a 50-year-old woman who worked in construction for over 20 years. She developed severe arthritis in her hands and back, which made it impossible for her to continue her work. Jane decides to apply for SSDI. She gathered all her medical records, which showed a history of arthritis and chronic pain. However, her application was denied because the SSA did not believe her condition was severe enough to prevent her from engaging in any work.

Confused and frustrated, Jane sought the help of a disability attorney. The attorney explained that, to qualify, she needed to prove not only that she couldn't perform her past work in construction but also that she couldn't adjust to other types of work due to her condition. Jane’s attorney helped her gather additional medical evidence and statements from her doctors regarding the limitations caused by her condition.

Jane also underwent a Residual Functional Capacity assessment, which took into account her age, education, and work experience, in addition to her physical limitations. After several months and with her attorney’s assistance, Jane was able to successfully appeal the denial and began receiving SSDI benefits.

The Appeals Process

Jane's case highlights the difficulty many applicants face, and it is not uncommon for initial applications to be denied. When an application is denied, the individual has the right to appeal the decision. The appeals process consists of four levels:

1. Reconsideration: A complete review of the claim by an examiner who was not involved in the original decision.

2. Administrative Law Judge Hearing: If the reconsideration is denied, the applicant can request a hearing before an Administrative Law Judge.

3. Appeals Council Review: If the applicant disagrees with the judge's decision, they can ask for a review by the Social Security Appeals Council.

4. Federal Court Review: Lastly, if the Appeals Council decision is unfavorable, the applicant can file a lawsuit in a federal district court.

The Role of Legal Representation

The example also illustrates the importance of legal representation in navigating Social Security disability law. Attorneys who specialize in disability law are familiar with the intricacies of the application process and can help gather the necessary documentation, represent claimants at hearings, and provide counsel on the appeals process if necessary.

Social Security disability law is intricate and can be daunting for individuals seeking assistance due to a disability. The application process requires extensive documentation, and understanding the specific criteria for eligibility is crucial. For many, obtaining legal representation can be vital to navigating the complexities and ensuring that they receive the benefits to which they are entitled. The SSA plays a significant role in supporting individuals with disabilities, but the difficulty of the application process can often be a hurdle that requires perseverance and, at times, legal assistance to overcome.

Snable Stevenson & Silva Can Help You to Recover

If you are facing challenges in applying for Social Security disability benefits or appealing a denial, our law firm is adept at navigating the complexities of Social Security disability law and can work assiduously to ensure that you are aptly represented throughout the process.

Comprehensive Evaluation

Our journey with potential clients begins with a comprehensive evaluation of their case. An attorney will assess the nature of your disability, examine the medical documentation, and evaluate your employment history to ascertain your eligibility for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Detailed Case Preparation

One of the major reasons many disability claims are denied is due to inadequate or improperly submitted documentation. Our attorneys are vigilant in ensuring that your application is thorough and meets the standards set by the Social Security Administration (SSA). We work closely with medical professionals to procure the necessary records, reports, and statements that can solidify your claim. Additionally, we will assist you in filling out the application forms and ensuring that every piece of information is accurately represented.

Customized Representation

At Snable Stevenson & Silva, we recognize that each case is unique, with its own set of challenges. Our team is committed to providing customized representation that aligns with the specificities of your disability and circumstances. We tailor our strategy, ensuring that we highlight the key aspects that are essential for your claim's success.

The Residual Functional Capacity Assessment

Our firm is well aware of the importance of the Residual Functional Capacity (RFC) assessment in Social Security disability claims. This assessment gauges what tasks an individual can still perform despite their impairment. Our attorneys will guide you through this process, preparing you for questions and helping you articulate the limitations that your disability places on your work capacity.

Navigating the Appeals Process

If your initial application is denied, do not lose hope. Snable Stevenson & Silva has extensive experience in handling appeals. The first stage in the appeals process is the request for reconsideration. Our attorneys will re-examine your case and augment it with additional evidence or documentation if necessary. If the reconsideration is denied, our firm will represent you through the subsequent stages of appeals, including the hearing before an Administrative Law Judge, the Appeals Council Review, and if necessary, filing a lawsuit in Federal Court.

Skilled Advocacy

At the hearing stage, skilled advocacy is crucial. Our attorneys are adept at presenting cases before Administrative Law Judges. We will prepare you for the types of questions you may be asked and represent your interests vigorously. Through years of experience, our attorneys are proficient in the art of persuasion and will ensure that your case is presented in the most compelling manner possible.

Continuous Communication

A significant aspect of Snable Stevenson & Silva’s service is our commitment to maintaining continuous communication with our clients. We understand that the process can be stressful and that you will have questions and concerns. Our attorneys are accessible and are committed to keeping you informed about the progress of your case.

Engaging Snable Stevenson & Silva as your representative in Social Security disability claims or appeals is entrusting your case to a team of dedicated, knowledgeable, and experienced professionals. Our firm's comprehensive approach encompasses meticulous case preparation, customized representation, skilled advocacy, and continuous communication. We are passionate about helping our clients secure the benefits they rightfully deserve, and we work tirelessly to ensure that your interests are vigorously represented throughout the Social Security disability claim or appeal process.

Contact our Birmingham, Alabama Social Security Disability Lawyers Today for Legal Help

Are you or a family member injured or disabled and unable to work? Contact Snable Stevenson & Silva for immediate legal assistance and advice. You may be able to pursue disability payments from the Social Security Administration to assist you while you are unable to work, and you might potentially even have a separate claim to compensate you for your medical bills, lost wages, and other expenses. Our qualified Social Security disability lawyers can help you fight to secure a full and fair disability determination.

We offer a free case evaluation and consultation. Contact our law office in Birmingham, Alabama to schedule yours today. There’s a limited amount of time to act, so give us a call to get started today.