Aurora Workers’ Compensation & Social Security Disability Law Firm
You work hard at your job, and you follow the rules and guidelines regarding safety. Despite your vigilance, you may find yourself injured in an accident. When this happens, you must take measures to protect yourself and your family against hardship. Applying for workers comp is one thing you can do to meet basic expenses until you can heal and get back to work.
If you sustained an injury that has left you with a permanent disability, then you should also apply for Social Security Disability. SSDI is a program that is financed by the Social Security taxes you pay. In other words, you have already paid for this insurance — so if you have been injured on the job, you should be able to benefit from it.
The problem is that it’s not always easy to successfully claim the benefits you’re entitled to. That’s why your legal team at Alverson + O’Brien, P.C. are here to help clients with workers’ comp and disability cases in Aurora and throughout our service area.
Eligibility for SSDI
You will qualify for the program if you have worked on the job for a specific number of years. The work credits you need to qualify for SSDI depend on your age when you became disabled. To get SSDI, you must be suffering from long-term and complete disability. You must be unable to carry out basic work activities, and you must have been in this condition for a year.
Clarity is important on this last point. The Social Security Administration is quite strict in evaluating candidates for SSDI. If you are doing any type of work that pays you over $1,220 a month, then your application will be rejected. SSDI is reserved for those who cannot engage in what the SSA calls substantial gainful activity.
If You Are Approved for SSDI
It is important to know that even if you are approved for SSDI, you will not receive benefits right away. There is a 5-month waiting period before your first check arrives. If your initial application is rejected and you win on appeal, you will get back pay starting with the sixth month after you incurred your disability. Checks will begin flowing smoothly after that time.
How long can you receive disability benefits? You will be able to keep your SSDI until your condition improves. There is no cap on it, so if your disability is indeed permanent you will continue to receive checks.
Why You Need an Attorney
The first thing you should do after you have confirmed that you have a disability is to hire a lawyer. Getting SSDI is difficult. It is filled with paperwork and bureaucracy, most of which is hard for a layperson to understand.
A social security attorney will know how the system works. They will understand the people who work at the Social Security Administration, how things are done there and the terms they use. They will help you navigate the agency so that you can get the compensation you deserve.
Denial of SSDI Benefits
Most initial SSDI benefit requests are denied. If you have submitted an application and it comes back as a rejection, do not worry. Nearly everyone receiving SSDI checks was originally rejected. You can appeal the decision, but for your best chance at getting approved the second time around, it is best to work with a workers’ compensation attorney. A law firm that specializes in SSDI cases will have the insight and expertise to help you successfully appeal your case.
You have 60 days from when you receive the rejection letter to appeal. Once you do so, your application will be reviewed by a different disability claims official. If they also deny your request for benefits, you can request a hearing. The latter will be held before an administrative judge. In such a proceeding, the attorney you hired should do all the talking. They will know how to build a case for your approval. They will also be able to answer the judge’s questions in a highly skilled and effective manner.
If you have worked hard all your life and have been a loyal employee, you deserve a little help if you have been in a work-related accident that has disabled you. Receiving an SSDI check every month can help you survive. It is important that you get the compensation you are entitled to and eligible for.
You should not attempt to fight the Social Security Administration on your own. You need help. Working with an SSDI lawyer at Alverson + O’Brien, P.C. will give you the insight and tools you need to get the benefits you require. Contact us today at 303-993-8882 for a free consultation!