McAllen Social Security Disability Lawyer
Social Security Disability benefits are a great source of financial relief for those unable to work, but not everyone qualifies. Those suffering from short-term disabilities, for example, are not eligible for benefits, nor are individuals who have working arrangements in which they don’t pay into the Social Security system.
On the other hand, many individuals who deserve and qualify for these benefits are denied. At J.A. Davis & Associates, LLP, we don’t think that’s right and will fight for you if your disability claims are denied.
Rather than trying to guess whether you’re eligible for benefits or struggling to convince officials in an appeals process that you are, in fact, eligible, we recommend seeking the representation of our experienced McAllen Social Security Benefits Disability lawyers.
Who Qualifies for SSD?
Not everyone qualifies for benefits under the federally run Social Security Disability (SSD) program.
First and foremost, candidates for the program must have worked in a job where they made payroll contributions to the United States Social Security system.
Furthermore, individuals must anticipate their disability, which will put them out of commission for at least a year. During this period, they can only receive minimal external income.
While this year-long disability period must be continuous, these twelve months are counted from the time of your injury, meaning they may have already elapsed or are expected to elapse before you fully recover.
The Social Security Administration (SSA) has compiled fourteen broad categories of disabilities that they recognize as reasons for receiving benefits. These categories-medical conditions are as follows:
Benefits usually continue until you completely recover from your disability, even if you reach full retirement age before you return to your former state. In this case, your disability benefits would formally convert to retirement benefits but remain the same in amount and frequency.
Dealing with Denials
It is not uncommon for SSD insurance requests to be denied by the SSA, which is a testament to the fact that benefits are not just handed out haphazardly.
Although you will always receive a formal explanation during the claims process as to why your request has been declined, you will also be given the option to appeal the decision online or via mail using Form SSA-561.
Those who appeal the SSA’s decision may eventually face an administrative law judge in court, deciding whether a candidate should receive benefits. Before the judge, it’s critical to demonstrate your eligibility clearly, or you will likely be barred from receiving benefits, and the claims process will be shut down.
Due to the high-stakes nature of the hearing, we highly recommend hiring our experienced McAllen SSD lawyer. Our law office can help you collect relevant documentation, such as medical records, work history, physician testimony, and any additional evidence, to help sway the case in your favor.
What’s Covered for SSD
Income from SSD benefits is intended to help the disabled individual in question fully recover—physically, psychologically, and financially. However, this income can also help with living expenses while you cannot work.
The SSA bases benefit amounts on a percentage of your annual wages, with those making less income receiving a higher rate of benefits relative to salary (e.g., someone making $20,000 a year might receive 60 percent of their salary, compared to much less for anyone making over $113,700 a year).
You might see the term “Supplemental Security Income” thrown around. This is the name of a similar program intended for those who are considered impoverished, have insufficient work experience to qualify for the SSD program, or are 65 or older.
While it’s important to know the program you qualify for, it’s imperative to present a compelling case that shows why you are eligible for the program’s benefits in the first place. Our McAllen SSD benefits attorneys can help you with that.
Benefits for Family Members
When evaluating SSD benefits, an often overlooked factor is the compensation that family members can receive.
Any of the following relatives are eligible for compensation of up to 50 percent of your benefits on top of what you already receive:
The combined benefits received by all family members are not likely to exceed 150 to 180 percent of your disability benefit.
The Difference Between SSD and Long-Term Disability Insurance
To shift gears, we have noticed that many clients get confused about the difference between SSD insurance and long-term disability insurance policies.
While there are several differences between these two types of insurance, perhaps the most important thing to know is that SSD is a public program. At the same time, long-term disability policies are purchased from the private sector (typically individually or through an employer).
Because the two forms of insurance are entirely separate, you can receive benefits from each simultaneously. The same usually applies to workers’ compensation, which is a government program like SSD insurance, but it is state-run. However, work comp and SSD might conflict and face some total compensation limitations.
Should you have any unresolved questions or concerns about your McAllen, Hidalgo County Social Security Disability case, we urge you to contact our helpful attorneys at J.A. Davis & Associates, LLP.
Contact Our McAllen Social Security Disability Attorney
A serious disability can derail your life and future, both in terms of your health and your finances. You are not the first to experience this problem, which is a significant reason why programs like SSD insurance were initially created.
To ensure that you receive the benefits you need, contact us today at (956) 994-0565 to schedule a free consultation with our social security disability lawyers. If you would prefer to reach an attorney online, enter your information into the contact form at the bottom of this page, and we will be in touch promptly.