You’ve lived your life the right way, working hard every day. But tragedy can happen to anyone. When you experience a major injury or illness, you should be able to count on Social Security Disability, a benefit you’ve earned through years of employment.
Unfortunately, the application process can be confusing, and a mistake can result in a denial of benefits. Our Oklahoma City Social Security Disability lawyers can help you understand your rights, complete the application correctly, and contest the decision if you are denied.
At Marc Whitehead & Associates, our Oklahoma City Disability lawyers have over 120 years of combined experience, advocating for Oklahoma residents with disabilities. Contact us today to schedule a free consultation and learn how we can help you.
Call or text 800-562-9830 or complete a Free Case Evaluation form
What Is Social Security Disability?
Social Security Disability Insurance (SSDI) is a program administered by the Social Security Administration (SSA) that provides income to individuals with long term disabilities or illnesses that prevent them from working.
The SSA funds Social Security Disability through a portion of your taxes, which are typically deducted from your pay. Although this is not a welfare program, applicants must meet specific eligibility requirements.
For a free legal consultationwith a social security disability lawyer serving Oklahoma City, call 800-562-9830
Do You Need a Lawyer to Apply for Social Security Disability?
While hiring a lawyer is not a requirement for applying for SSDI, an attorney can help you avoid many of the problems that can cause your application to be denied by the SSA.
We have the knowledge and experience to guide you through the process, ensure you include the necessary documentation, meet deadlines, and avoid common errors that can delay your benefits.
SSDI denials are common, and the appeals process is long and complex. Working with an attorney means a better chance of getting the benefits you need as quickly as possible.
Oklahoma City Social Security Disability Lawyer Near Me 800-562-9830
Who Is Eligible for SSDI?
To be eligible for SSDI, you must meet specific criteria for your employment history and medical condition. Ensuring you are eligible is the first step to applying for Social Security Disability.
- Employment History: You must have accumulated the required number of work credits by paying into Social Security over the years.
- Medical Condition: You must have an injury or illness that prevents you from working and is expected to last at least one year or result in death.
If you aren’t sure if you meet these criteria, consult with an Oklahoma City Social Security Disability attorney for advice.
How Much Can You Get Through SSDI?
There is no set amount, as it varies depending on your specific situation. The Social Security Administration determines your benefits using a complicated equation. Some key terms to know are:
- Average Indexed Monthly Earnings (AIME): This represents the average of your income over the period you have worked and contributed to the system, typically your 35 highest-earning years.
- Primary Insurance Amount (PIA): The Primary Insurance Amount is calculated by applying your AIME to a specific formula and represents your base benefit amount.
The maximum amount you can receive through SSDI changes every year.
Can You Earn Income While You Are Receiving SSDI Benefits?
You can earn a limited income while receiving Social Security Disability benefits, but we do not recommend it. Additional income can reduce or jeopardize your benefits. SSDI is intended for people who are unable to work.
The Social Security Administration uses a standard called Substantial Gainful Activity (SGA) to determine your ability to work. If you demonstrate that you can perform substantial gainful activities, you could lose your Social Security Disability Benefits.
What Happens if You Are Denied SSDI?
If your application for Social Security Disability Insurance is denied, it can be disheartening. However, just because you were denied does not mean you are ineligible. Sometimes, simple mistakes such as failing to include necessary documentation can lead to a denial.
Our Social Security Disability lawyers in Oklahoma City can help ensure your application is correct and complete, allowing you to receive your benefits without delay. If you have been previously denied, we can help you with the appeals process.
How Do You Appeal an SSDI Benefits Denial?
The Social Security Administration has a four-stage process for appealing their decision when they deny your application for Social Security Disability. The guidance of a skilled attorney can be extremely helpful during the appeals process.
Request Reconsideration
After your application is denied, you have 60 days to request a reconsideration of the Social Security Administration’s decision.
In essence, you are asking them to look into your application with a fresh perspective. You may submit additional documentation that can help your application.
Request a Hearing With a Judge
If your Reconsideration Request fails, you have 60 days to request a hearing with an Administrative Law Judge. The judge will review your application and any new documentation you’ve submitted. It’s wise to go into this hearing with legal representation.
Request a Review of the Hearing Decision
If the Administrative Law Judge doesn’t see things your way, you have 60 days to request a review of their decision by the Social Security Administration Appeals Council. If the Council looks into your file and believes the Judge ruled correctly, they may not agree to the reviews.
File a Lawsuit
Your fourth and final option, if all else fails, is to file a civil suit in the federal district court jurisdiction where you reside.
The procedure for appealing an SSDI denial is long and complicated. It is often avoided when you choose to work with a knowledgeable disability lawyer from the beginning of the process.
Contact an Oklahoma City Social Security Disability Attorney
Social Security Disability isn’t a handout; it’s a benefit you’ve earned by working and paying into the system. You wouldn’t ask for it if you didn’t need it. It doesn’t make sense when the government you’re supposed to depend on makes getting help so difficult.
Our Oklahoma City Social Security Disability attorneys can help you cut through the government bureaucracy, complete your application correctly, and get you on the road to receiving the benefits you need. If you’ve already been denied, we can help with that as well.
Our team at Marc Whitehead & Associates has helped injured people get the benefits they deserve since 1992. Contact us today to schedule your free consultation and discuss your case.