Clearfield
Social Security Disability Lawyer

On This Page

1. A Clearfield Attorney can Get Help You Apply or Appeal for Disability Benefits
2. Types of Social Security Disability
3. Reasons Claims Are Denied
4. The Appeals Process
5. Get Help from a Clearfield Social Security Disability Insurance Lawyer

REVIEWED BY

C. William Kenny

January 01, 2024

Board certified by National Board of Trial Advocacy

A Clearfield Attorney can Get Help You Apply or Appeal for Disability Benefits

If you cannot work because you are chronically ill or have a severe, long-term or permanent injury, you may be eligible to apply for Social Security Disability Insurance (SSDI). This program is administered by the Social Security Administration and provides a financial safety net for individuals who cannot support themselves because of a debilitating disability.

A Clearfield Social Security Disability Insurance lawyer at Berger & Green can help you understand the benefits you may be eligible to receive and support you in navigating the complex Social Security Disability system. Many applications are initially rejected for a variety of reasons, even if the filer is eligible to receive benefits. Often, applicants accept this rejection and do not re-file. This can result in thousands of dollars in unclaimed benefits. Working with a lawyer can make the process easier and improve your chances of getting the support you need.

Call (412) 661-1400 today for a free consultation.

Types of Social Security Disability

There are two kinds of Social Security Disability benefits, both of which are administered by the federal government to support people who cannot earn a living because of a debilitating disability. Most people must prove they cannot support themselves for at least one year to qualify for benefits.

Social Security Disability

Social Security Disability is for people who have worked and paid into the Social Security system through income tax withholdings in at least 20 of the past 40 financial quarters. The number of quarters in which you contributed determines how long your eligibility period will be.

You must also be totally disabled, meaning your injury or illness prohibits you from doing any job. If you are severely, permanently injured while working as a construction contractor, you may not be able to return to work in a labor-intensive field. However, if you can find a job that is not physically taxing, such as light administrative work, you may not qualify for this type of Social Security Disability benefit.

Supplemental Security Income

Supplemental Security Income (SSI) is a lifeline for disabled people with little or no income or resources to help them pay for essentials such as food, shelter, and clothing. The amount a person receives depends upon their income and assets. Like SSD, individuals must prove their disability to qualify. However, they may be eligible regardless of whether or not they have worked or contributed to the Social Security system through taxes.

Generally, if you receive Social Security Disability benefits, you will automatically be enrolled in the basic Medicare program two years from your first Social Security payment date. This can help you pay for basic healthcare necessities, such as emergency hospital care. Social Security Disability also offers benefits for dependent children until one month before the child turns 18. A Clearfield Social Security Disability Insurance lawyer can help you to better understand the type and scope of benefits you or your household may qualify for.

Reasons Claims Are Denied

The Social Security Administration can deny claims for a variety of reasons. In fact, denial for initial applications is very common. When the SSA rejects an application, they will include an explanation in a letter. Some of the most common reasons for denial are:

• The applicant has too much money when applying for SSI
• The disability is only temporary
• The applicant did not follow their doctor’s orders on recovery
• The disability is rooted in substance abuse, such as alcoholism or opiate addiction
• The disability is related to a criminal conviction, such as suffering a traumatic injury in a car crash caused by drunk driving
• The applicant did not fill out the claim correctly, or information is missing
• There are not sufficient treatment records

Call (412) 661-1400 today to speak with a compassionate team member about your claim.

The Appeals Process

In most cases, if you receive a rejection, you can appeal it. You can also file an appeal if your benefit amount is reduced for reasons you disagree with. The Social Security Administration (SSA) will review most requests. According to the SSA, applicants have 60 days from the date of the denial to file a written appeal.

According to the SSA website, it is essential to note the SSA will review all aspects of the case, even those initially found in your favor. The appeals process can be even more stressful and confusing than the initial application. Consider working with a Clearfield Social Security Disability Insurance lawyer who can support you.

How the Appeals Process Works

There are four steps in the appeals process. The first is reconsideration, which involves the disability evaluator reviewing your case, along with any amendments or supplemental documentation you provide.

The second step is a hearing. If you disagree with the reconsideration determination, you can request a hearing before an Administrative Law Judge. Again, you have 60 days after you receive the notice to file this request.

If you disagree with the Administrative Law Judge’s ruling, you can submit the case to an Appeals Council. You have 60 days after your hearing determination to submit this request. If the Council agrees to review it, council members may do so or return your case to the judge for reconsideration.

If you disagree with the Appeals Council’s decision, you may take the case to a federal court. In this instance, you have 60 days to file a civil suit with the U.S. District Court.

Get Help from a Clearfield Social Security Disability Insurance Lawyer

If you cannot support yourself or your family due to a debilitating, long-term or permanent condition, turn to the team at Berger and Green for help with the Social Security Disability Insurance benefits process.

Our Social Security Disability Insurance lawyers know what evaluators look for and can ensure you have the necessary documentation to support your claim. They can also guide you through the appeals process, including representing you in court, if necessary. Call the office at (412) 661-1400 to talk with a team member about your case today.