Lakewood Workers’ Compensation & Social Security Disability Law Firm
You work hard at your job. You follow the workplace rules and regulations and take the steps necessary to keep yourself safe. However, this is not always enough. Accidents happen all the time, in a variety of workplaces and for a variety of reasons.
If you have suffered such a blow to your body and livelihood, then you deserve financial support until you can get back on your feet. Your first move after a work-related accident should be to contact a workers’ compensation attorney. At our law firm, we can help you navigate the process of applying for workers’ comp and SSDI so you can get approved for the benefits and money you are entitled to.
Social Security Disability: What Is It?
Social Security Disability Insurance, also known as SSDI, is a government fund that pays monthly benefits to people who have been disabled as the result of a workplace accident.
This is no mere handout. You have been paying for this insurance for years. The money has been deducted from the many paychecks you have received over the years. It is now your right to use it.
Eligibility for SSDI
To qualify for SSDI, you must prove that you have worked the prescribed years and paid into the Social Security fund through your taxes. If you have not worked long enough when the accident took place, you can apply for Supplemental Security Income. To qualify for SSDI, you need a minimum number of work credits. This will depend greatly on how old you are and how many years you had been working when you became disabled. Your lawyer can help you determine this by going through your records.
Only those with severe, long-term disability qualify for SSDI. The Social Security Administration (SSA) defines severe as a condition that interfere with basic work-related activities. They define long-term as a condition that has lasted for at least a year. Total disability is defined by the SSA as an inability to perform “substantial gainful activity” for the minimum of one year. If you are able to work and making over $1,220 a month, you will not qualify for SSDI benefits.
Why You Need a Lawyer
Applying for social security disability benefits can be a long, difficult, and confusing process. Your case may seem straightforward, but it is quite easy to get tripped up on the paperwork and the rules and regulations related to qualification. A Social Security attorney can provide you with the guidance and insight you need to apply successfully.
It is best to put the application process into the hands of your attorney. You should also allow them to handle all correspondence and communication with the Social Security Administration. Your lawyer will understand the jargon and technical terms used by the SSA and will know how to appropriately respond to all questions the SSA has regarding your application.
After Your Approval
After your application has been approved, you will not receive benefits until you have been disabled for 5 months. There is a standard 5-month waiting period that applies to all cases. If your approval was delayed for some reason, including the need to appeal a decision, you will receive back pay starting with the 6th month after your disability began. You will then receive a disability check for each month that you remain disabled.
You can continue to receive checks while your medical condition prevents you from working. However, you should note that the SSA will carry out a continuing disability review every 1 to 3 years to determine whether your condition has improved.
Denial of Disability Benefits
It is important to note that most initial SSDI applications are denied. However, this is not the end of the road for your application, and you should not be discouraged. You have 60 days from the day you receive the denial letter to request a review of your case.
The first state of the appeals process is the Request for Reconsideration. This will include a review of your file by a second disability claims examiner. If you are once again denied, you can request a judicial review with an administrative judge who is employed by the SSA.
How an Attorney Can Help
If you have been denied what is rightfully yours, you must fight back. The best way to do so is to hire a law firm that specializes in workers’ comp cases like yours.
Being out of a job and without the means to work is a serious thing. The only way that the SSA can deny the application of someone who has sustained a legitimate injury on the job is because of a technicality. The case workers who examined your file may have lacked sufficient evidence of your condition, or may have mis-interpreted the facts of your case. No matter the specifics of your case, you can get justice before an administrative judge. Your SSDI lawyer can build up enough evidence to strengthen your position. They can demonstrate why your medical condition and the law make you eligible to receive SSDI benefits.
Contact us today at 303-993-8882 for a free consultation! Whether you need a social security disability attorney or a workers’ compensation attorney in Lakewood, we have the experience and know-how to help you get the benefits you need and deserve.