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When most people think about getting disability benefits, they imagine a scenario where a person is unable to work due to a serious illness or injury. However, in order to be approved for Social Security Disability benefits, you don’t need to be unable to work at all. You just need to show that your illness or disability keeps you from doing any type of substantial gainful activity (SGA).
This can be a difficult hurdle to overcome, as the Social Security Administration (SSA) doesn’t just hand out benefits willy-nilly. In order to be approved for SSD benefits, you need to provide evidence that you meet the SSA’s definition of disability. This evidence can include your medical records, letters from your doctors, and records of past work.
The application process for SSD benefits can be daunting, and many people find themselves struggling with paperwork and red tape. That’s where a good Social Security Disability lawyer can help. A lawyer can guide you through the process, make sure you submit all the necessary information, and represent you in case of any appeals.
If you’re considering applying for SSD benefits, it’s important to seek legal help. The attorneys at O’Malley Tunstall, PC, understand the ins and outs of the SSD application process, and we can help you get the benefits you need. For a free consultation with our experienced injury and disability law firm in Rocky Mount, North Carolina, call (252) 823-2266 to get started today.
Before we get into how our attorneys can help you with your SSD claim, it’s important to understand what SSD is and who is eligible for benefits.
Social Security Disability is a government-sponsored program that provides financial assistance to people who are unable to work due to a disability. The program is overseen by the Social Security Administration (SSA), and it’s funded by payroll taxes.
Benefits can provide much-needed financial assistance to people with disabilities, but the process of applying for benefits can be long and complicated. An experienced SSD lawyer can help you navigate the process and give you the best chance of getting your claim approved.
In order to be eligible for SSD benefits, you must have worked enough quarters to earn what’s called “work credits.” The number of work credits you need depends on your age. For example, someone who is younger than 24 needs just six credits, while someone who is older than 65 needs 40.
You can earn up to four work credits per year. So, if you’re 24 or younger, you need to have worked at least 1.5 years to be eligible for SSD benefits. If you’re older than 65, you need to have worked for at least 10 years.
In addition to having the required number of work credits, you must also show that your disability keeps you from doing any type of SGA. As we mentioned earlier, SGA is defined as any type of work that earns you more than $1,260 per month (or $2,110 if you’re blind).
If you can show that your disability meets the SSA’s definition and you have the required number of work credits, you may be eligible for SSD benefits.
After you’ve applied for Social Security Disability benefits and been denied, the next step is to file an appeal. If you were denied because you didn’t meet the requirements outlined in the eligibility guidelines, your best bet is to file a reconsideration request. This is a process in which your application is reviewed by someone other than the person who originally denied it.
If you don’t have any success with the reconsideration request, you can move on to filing an appeal with an administrative law judge (ALJ). This step takes your case before a judge, who will make a decision about whether or not you are eligible for benefits.
If you are still unhappy with the decision made by the ALJ, you have the option of requesting a review by the Appeals Council. This process takes your case to federal court, where it will be decided if you are eligible for benefits. The final step in the appeals process is to file a lawsuit in federal court – if all else fails. We strive to provide you with service to avoid this appeals process altogether. We focus on the details of your initial application to ensure you get the benefits you need.
There are two main ways a lawyer can help you with your SSD claim:
Filing Your Claim — The first way a lawyer can help is by assisting you with the initial filing of your claim. This includes helping you gather all the necessary evidence and paperwork, as well as ensuring that your claim is filed properly.
Representing You in Appeals — The second way a lawyer can help is by representing you if your claim is denied and you need to file an appeal. A lawyer can help you gather additional evidence, as well as represent you at your hearing.
The experienced legal team at O’Malley Tunstall, PC is ready to help you with your SSD claim. We have the knowledge and experience necessary to help you get the benefits you deserve. For a free consultation with our experienced injury and disability law firm in Rocky Mount, North Carolina, call (252) 823-2266 to get started today.
Let Us Help! Call us at (919) 277-0150 or fill out this quick form and we will contact you within 24 hours!
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“I highly recommend this law firm!!! They worked diligently on my permanent disability case! I was injured in a car wreck which had left me unable to work. Susan O’Malley got my disability approved in under 6 months! It was my 1st time ever applying for permanent disability as well! It was a pleasure to work with you! They were always on top of everything and responded promptly to any questions I had!”
Let Us Help! Call us at (919) 277-0150 or fill out this quick form and we will contact you within 24 hours!
O’Malley Tunstall PC
8300 Falls of Neuse Road
Raleigh, NC 27615
O’Malley Tunstall PC
1151 Falls Rd, Ste 1008
Rocky Mount, NC 27804
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