How do I avoid making mistakes on my Social Security disability application?
Social Security Disability (SSDI) benefits can be difficult to obtain. Only about 35% of initial applications result in a benefits award, and the appeals process is time sensitive and requires an intensively documented medical history. You might consider getting help when you first apply for SSDI to ensure your best possible chance for success.
Getting an award on your initial application can save years of paper work and anxiety during the appeals process.
Social Security Disability
Attorney Greg Reed, of Bemis, Roach & Reed, has a great deal of experience and assists clients both with SSDI appeals and initial applications. Having an attorney who is thoroughly familiar with the SSDI process increases the likelihood that your initial application will be approved.
In October, Mr. Reed took on a Cedar Park client who had suffered a perforated ulcer in April of the previous year.
Before his disability, the client was a small business owner. Unfortunately, he lost his colon and part of his small intestines and now required a colostomy bag. In addition he suffered from high blood pressure and congestive heart failure. He had a difficult recovery and suffered complications that required further surgery a year later. His surgeon instructed that our client avoid lifting anything over 10 lbs. due to risk of additional injury to his abdomen. This restriction made it impossible for our client to continue running his business or, in fact, from continuing in his profession at all. We assisted him in his SSDI application and, after several medical exams at the request of the Social Security Administration (SSA) to verify our client’s condition, he was awarded benefits in May, with past-due benefits awarded from November of of two years prior.
If you wish to apply for SSDI or have already applied and have been denied don’t give up! Contact a Disability lawyer at 512-454-4000 for a free consultation and get the benefits you deserve.
Another client, from Lockhart, came to us knowing how hard it is to achieve a favorable judgement when you first apply for social security disability.
The 60-year-old truck driver had been in an auto accident several years previously which had resulted in a back injury that led to degenerative disc disease. He continued working and subsequently broke his right ankle twice. Over time, these injuries led to debilitating back pain and leg problems. He was no longer able to perform his job duties. We represented him in his initial SSDI filing, and he was awarded benefits in July, only three months after we submitted his application.
In order to qualify for Social Security Disability, you will need to satisfy a few specific requirements in two categories as determined by the Social Security Administration.
The first category is the Work Requirements which has two tests.
- The Duration of Work test. Whether you have worked long enough to be covered under SSDI.
- The Current Work Test. Whether you worked recently enough for the work to actually count toward coverage.
The second category is the Medical Eligibility Requirement.
- Are you working? Your disability must be “total”.
- Is your medical condition severe? Your disability must be “severe” enough to interfere with your ability to perform basic work-related activities, such as walking, sitting, and remembering.
- Is your medical condition on the List of Impairments? The SSA has a “List of Impairments” that automatically qualify as “severe” disabilities. If your disease is not listed this does not mean you cannot get disability, it means you must prove you cannot maintain employment due to your limitations.
- Can you do the work you did before? SSDI rules look at whether your medical condition prevents you from doing the work you did prior to developing the condition.
- Can you do any other type of work? If you cannot do your prior work, an evaluation is made as to whether you can perform any other kind of work.
More details can be found on our Qualifying for Disability page.
Whether the SSA awards benefits after only a couple of months or after several months of exams and reviews, whether you are approved on your initial application or after an appeal, Bemis, Roach & Reed can navigate the often confusing SSDI process for you. If you are facing the SSDI application process, call us for a free consultation at (512) 454-4000 or you can email us at firstname.lastname@example.org
The Texas Disability Lawyers of Bemis, Roach & Reed
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