Social Security Disability Archives

Can Social Security Disability Insurance Benefits Be Increased?

August 15, 2018

Many Greenville SSDI beneficiaries mistakenly believe that they can increase their Social Security Disability Insurance benefits if they can prove that their condition or disability has gotten worse. Unfortunately, this is not true, and any Greenville social security lawyer can confirm it.

As the program definition explains, Social Security Disability benefits are only available to those who are “insured”, namely who have worked and paid their Social Security taxes. It depends on the beneficiary’s lifetime earnings and payments before their disability set in, and not on their disability.

While the existence of a disability, of a condition that prevents the applicant from engaging in substantially gainful activities, is mandatory, its aggravation does not increase SSDI benefits amount. However, the benefits amount may increase in two different situations that we will discuss in the following lines.

The Two Ways to Increase Social Security Disability Insurance Benefits

1. Cost-of-Living Adjustments (COLA) Increases

COLA is an index the Social Security Administration uses when calculating SSDI benefits to keep up with fluctuations in the cost of living, to adjust Social Security Disability Insurance benefit amounts to any fluctuations in the prices of services and goods.

The Department of Labor’s Consumer Price Index measures keeps track of any increases in the prices of services and goods. The Consumer Price Index reflects increases in those prices and, implicitly, in the cost of living. Therefore, COLA evolutions reflect fluctuations of the Consumer Price Index.

For 2018, the SSA announced an increase of 2% in the SSDI and SSI benefits due to COLA. According to their estimates, more than 61 million beneficiaries have been enjoying this increase starting with January 2018.

2. Additional Social Security Payments

Another way to increase SSDI benefits is through additional social security tax payments. This is only possible for those who continue to work while receiving SSDI benefits, and should not be attempted without the advice of an experienced Greenville social security lawyer.

As mentioned above, the Social Security Disability Insurance benefits someone receives depend on the number of years they worked and paid social security taxes before becoming disabled, and on their earnings (taxes paid) throughout those years.

Therefore, someone who continues to work and pay social security taxes while receiving SSDI benefits should be able to see an increase in the benefits they receive. In practice, this is mostly true for those who have worked for few years and had low earnings.

Also, the strategy can backfire, since the main requirement for someone to receive SSDI benefits is to be unable to perform substantially gainful activities. For 2018, these activities include any type of work that could bring an SSDI beneficiary monthly earnings of $1,180.

It is important to note that, if a beneficiary works and earns just under $1,180 and the SSA conclude they are able to work a few hours more or perform some other type of substantially gainful activity, their SSDI benefits, no matter their value, would be in danger.

The best proof that SSDI benefits do not depend on one’s disability, income, or other factors than the ones mentioned above is that, upon reaching full retirement age, SSDI benefits automatically turn into retirement benefits, and the amount remains unchanged or increases very little, subject to the above-explained factors.

At the same time, two SSDI beneficiaries in Greenville SC who have the same disability may receive significantly different amounts, depending on the number of years they worked and on their earnings and, implicitly, social security taxes paid.

Those who feel their SSDI benefits do not reflect their rights or financial situation can use the SSA benefits calculator to estimate how much money they should receive, or create a My Social Security Account on the SSA website. The best solution to receive answers to any SSDI-related questions, advice, and assistance with any related formalities is to consult an SSDI insurance lawyer.

Get in Touch with an Experienced Social Security Lawyer in Greenville, SC, Today!

If you have questions related to your Social Security Disability Insurance benefits amount, you need assistance applying for benefits, or you want to increase SSDI benefits but you do not know how you should consult an experienced attorney.

Robert Surface has been helping many Greenville, SC, residents obtain SSDI benefits, representing them and defending their interests in front of the SSA. He can help you too, and the first consultation with him is FREE!

You can schedule it now, by calling (864)300-4994 of filling in the online contact form. You are one step away from receiving the advice you need from an experienced and reputed Greenville social security lawyer, so why waste any more time!

What Are Common Roadblocks For Receiving SSDI Insurance In Greenville, SC?

July 15, 2018

Approximately two-thirds of the SSDI insurance claims filed every year in Greenville, SC, and throughout the country receive a negative answer. As if that were not enough, the claim review process takes months, time in which the applicants lose money or gather debts.

The reasons why the Social Security Administration may deny a claim are numerous and they range from insignificant procedure errors or mistakes to insufficient evidence or ineligibility. The best way for Greenville applicants to prevent a denial is to work with an Social Security Disability Insurance lawyer.

Experienced Greenville SSDI insurance attorneys are familiar with the roadblocks for receiving SSDI benefits and know how to avoid them. We will review the most common roadblocks in the following lines.

The Most Common Roadblocks to Receiving SSDI Insurance in Greenville, SC

1. Insufficient Evidence

Since the SSA does not mention specifically how much evidence an applicant should submit, or what type of evidence they should provide, many applicants submit the medical reports they have, without realizing those are incomplete or fail to prove all aspects of their disability or their inability to work.

That is why it is advisable for applicants to hire an SSDI insurance lawyer in Greenville, SC. The latter can analyze the available evidence and assess whether it is sufficient or additional evidence is required. In case the available evidence is not enough, the attorney will also be able to tell what is missing.

2. Short Lasting or Mild Medical Condition

Only severe conditions or disabilities expected to last twelve months or more qualify for SSDI insurance, so claims referring to minor disabilities that last less will automatically receive a negative answer. The SSDI benefits are available to Greenville residents whose impairment is severe enough to affect them for one year or more and prevent them from working at full capacity and earning their living in the meantime.

3. Applicants’ Failure to Comply with Doctor Recommendations or Treatment Protocol

When applying for SSDI benefits, applicants must prove not only the severity of their condition but also their compliance with doctors’ orders. For example, if a doctor recommended surgery, the patient will have to prove they underwent surgery. Failure to follow doctors’ orders could make the patient responsible for their condition and disqualify them from receiving SSDI insurance benefits.

4. Disability Having Alcohol or Drugs Abuse as a Main Cause

The SSDI insurance does not cover situations in which the inability to work comes from addiction to alcohol or drugs, or the applicant’s condition could improve if they gave up alcohol or drugs.

5. Failure to Meet Non-Medical Eligibility Requirements

Claims that do not meet the requirements of the SSA usually result in a denial. The most common non-medical requirements refer to the applicant’s financial situation. For example, applicants should not earn more than $1,180 per month ($1,970 for blind applicants), which is the threshold for substantially gainful activities.

Other examples include providing incorrect information, missing SSA appointments, failing to report relevant data, and more. Many applicants meet all requirements but fail to provide current contact information and the SSA cannot get in touch with them to request more evidence, schedule a consultative exam, or ask additional questions.

6. Applicant’s Lack of Cooperation with the SSA

When applying for SSDI insurance, Greenville residents have to allow SSA to check their medical files. They also have to be ready to respond to any requests for additional documents and participate in consultative exams. Failure to do so will lead to benefits denial.

7. Applicant Incarcerated, Violating Parole, or Disabled While Committing Felony

SSDI insurance is not available to those incarcerated, those who acquired their disability while committing a felony, and those who are on probation or parole who violate the terms of their release.

8. Fraud SSDI Insurance Claims

As any SSDI insurance lawyer in Greenville will confirm, trying to obtain disability benefits by fraud is not a good idea. The SSA reviews every SSDI claim carefully and will catch any inconsistencies.

Moreover, the doctors conducting the disability rating and eventual consultative exams will surely identify the fraud attempt and report it. Not only that the applicant will not receive SSDI benefits, but they will expose themselves to serious charges and punishes.

Avoid Roadblocks and Obtain SSDI Benefits with the Help of an Experienced Greenville SSDI Insurance Lawyer

Applicants whose claims are denied can request the SSA to reconsider their application. However, the process will take months, and there is no guarantee the SSA verdict will be favorable. The best course of action for all applicants is to seek assistance from an experienced SSDI insurance attorney.

If you want to make sure your SSDI benefits claim is approved, save time and effort, and gain peace of mind, your best bet is to work with an experienced SSDI insurance lawyer like Robert J. Surface. Call (864)300-4994 or fill in the contact form now, and schedule a Free consultation at our Greenville office!

What can a Greenville Family Spend SSI Child Disability Funds on?

May 15, 2018

Being successful with your SSI child disability application means that you will begin receiving monthly federal payments. Taking care of a disabled child can be incredibly costly, which is why the financial assistance is going to help the family immensely. What can a Greenville family spend SSI for children on and are there limitations?

SSI Child Disability Benefits: An Overview

The person who receives the SSI funds on behalf of a disabled child is called the payee. The Social Security Administration has created a detailed guide that payees can rely on to understand their obligations and responsibilities better.

The guide has a section on how payees must use the monthly benefits.

According to the document, the first responsibility of the payee is to take care of the beneficiary’s everyday needs. These everyday needs include shelter, personal care, clothing, food and medical assistance. Recreational expenses can also be covered via the SSI child disability benefits.

One very important thing to keep in mind is that payees are not entitled to taking a fee or a commission out of the monthly SSI payment for the care that they provide.

After the basic needs of a disabled child are met, remaining funds are to be used for improving daily living conditions. Giving the child access to better medical care is one option. Paying fees for specialized school or training programs can also happen under the SSI program.

Finally, the SSA authorizes special purchases through the use of child disability benefits.

Special purchases for the beneficiary could include a new residence that is better suited to meet their needs, automobile equipment that will increase mobility or home improvements like the purchase of specialized furniture. Whenever such purchases are considered, the Social Security Administration may be contacted. Its consultants can guide a Greenville family through the purchase and whether SSI for children funds can be used to cover the expenses.

To get in touch with the Social Security Administration, call 1-800-722-1213. This is an automated service that can also be used to schedule a call with an SSA consultant.

Payee Misuse of Benefits – When Does It Occur?

Payees are required to maintain detailed records of the purchases and the services that SSI for children funds were spent on through the years. A Representative Payee Report will be mailed to the respective individual on an annual basis, and the report has to be completed and sent back by all payees. Some of the payees could be chosen for an onsite review. The performance of payee duties will be assessed during such sessions.

On occasions, a Greenville payee may use the SSI funds in a way that is not authorized or recognized by the SSA. In such situations, payee misuse of benefits will occur.

Allegations of funding misuse will be investigated thoroughly, which is why fiscal responsibility should never be taken lightly.

Payee misuse of funds can occur in a few specific scenarios. The most common ones include:

Spending a portion of the funds on purchases that will not benefit the disabled child
Stealing the beneficiary’s funds and making them available to a third party
Deducting certain amounts in the form of a personal commission or a care fee

Anyone who suspects that SSI for children fund misuse is occurring can submit a signal to the Social Security Administration. Whenever misuse of funds is established through evidence, the guilty party will be responsible for paying the entire amount back.

In addition, the suitability of a particular individual to remain the payee is also going to be re-examined. A new payee could be appointed in such situations.

A person that makes full restitution and that observes the rules of the program in the future may be allowed to remain the payee.

Keep in mind that payee misuse of benefits could eventually be subjected to a criminal investigation. Both a prison sentence and a hefty fine could be the outcome of criminal prosecution, especially if the misuse of funds has been occurring systematically over a certain period of time.

Get Legal Assistance

Navigating the child disability benefits process could be confusing and overwhelming in the very beginning. This is why you may want to seek legal assistance. An experienced disability lawyer will help you handle the application process, and you will also be consulted about the best ways to spend the monthly payments.

We have the knowledge and the background to tackle even the most challenging SSI child disability issues. Don’t hesitate to contact us today and acquaint us with the specifics of your situation.

How Does SSI for Children in Greenville Work?

April 13, 2018

The supplemental security income (SSI) for children program gives parents and guardians access to an additional resource that they may use to care for a disabled child. Dealing with childhood disabilities is an emotionally and financially-draining process. Knowing that some type of assistance is available (both financial and medical) can help the family get back on track when it comes to offering a child in need the best possible care. SSI for children in Greenville depends on meeting the qualification criteria. SSI child disability comes with a few key requirements that will be examined in further detail in this guide.

SSI for Children – The Criteria for Receiving Child Disability Benefits

According to the official Supplemental Security Income website, several criteria have to be met for participation in the program.

A child is defined as an individual under the age of 18 who is not married or a head of the household or an individual under the age of 22 who is still attending school. There is no minimum age requirement. Once a child turns 18, disabilities will be assessed once again to determine whether they will qualify for disability assistance for adults.

SSI child disability benefits are provided to individuals who:

Are blind
Have a medical diagnosis of a physical or mental impairment that causes functional limitations
The impairment is chronic, or it could be expected to eventually cause death

There is no duration requirement for blind children who may receive benefits under the SSI child disability program. Children that are approved will be entitled to monthly disability payments. The payment will depend on location and whether the child has a countable income. As of the beginning of 2018, the federal base rate for SSI payments was 750 dollars per month.

Usually, this amount will be handed out to a payee. Both a parent and a guardian can serve as payees under the program. This individual has a couple of additional responsibilities on top of receiving the child disability benefits. These responsibilities include keeping track of the benefits being paid and spending the funds in the best possible manner on behalf of the child.

Usually, SSI funds are intended to be spent on the basic needs of a disabled child. Such basic needs include food, medical assistance, shelter, clothing, and items of personal necessity.

A More Thorough Look at Qualifying Disabilities

Greenville families that are taking care of disabled children may be wondering whether they qualify for SSI child disability benefits.

As far as blindness goes, the situation is pretty straightforward. What other conditions, however, will entitle Greenville families to this kind of federal assistance?

The Social Security Administration creates a standard manual that it updates on an annual basis. This document features a list of the medical conditions and disabilities that will qualify a family for assistance under the SSI for children program.

Some of the conditions included in the 2018 edition of the manual include the following:

Musculoskeletal problems that restrict mobility
Hearing loss
Neurological disorders like epilepsy
Autism, schizophrenia and other mental disorders
Sjogren’s Syndrome and Marfan Syndrome
Anemias and hematological disorders

A family does not have to meet these requirements strictly in order to be awarded disability benefits. As mentioned early, a medical report should suggest that the respective disability causes severe functional limitations, it is chronic, or it could potentially cause death. In such instances, a disability that is not listed in the guidebook can contribute to a successful SSI child disability application.

Get Legal Assistance to Increase the Strength of Your Application

A disability lawyer can help a family that is looking forward to receiving federal assistance under the SSI for children program.

The Social Security Administration does offer applying families some assistance, but there are specific situations in which consulting a lawyer will come in handy. Families that have been denied SSI benefits should definitely see an attorney. The administration’s decision can be appealed, and a successful appeal should be prepared carefully.

An attorney will know which medical tests, reports, and evaluations will yield satisfactory results when it comes to qualifying for SSI. An attorney will handle the entire process for you – from contacting school officials to obtaining relevant medical records.

We can guide you through the intricate application process and help you get the financial resources that are so important for the health and the well-being of your child. Please do not hesitate to contact us today and acquaint us with the specifics of the situation.

Can I Receive Both SSDI Benefits and Workers’ Compensation in Greenville, South Carolina?

March 15, 2018

The Basics of SSDI Benefits

Social Security Disability Insurance (SSDI) is a program which provides benefits to those who are unable to work because of their disability. To qualify for these SSDI benefits in Greenville, South Carolina, you must have a disability as defined by the state of South Carolina and have paid enough into social security for enough years. If you are disabled and have not paid enough into social security but have a low income, you may qualify for SSI (Supplemental Security Income) benefits.

The Social Security Disability Insurance program (SSDI) provides benefits to those who are classified as disabled as defined by the Social Security Administration (SSA). The SSA states that a person is considered disabled if he or she has a mental or physical condition which prevents them from working for one entire year.

You are considered disabled if:

You can no longer perform the work you did before your disability.
You are unable to adjust to different work because of your condition.
You have had your disability for at least 12 months.

In addition to having to meet the SSA’s definition of disabled, you must also have earned enough work credits during the years you have worked.

How Do I Qualify for Workers’ Compensation Benefits in Greenville, South Carolina?

Workers’ compensation laws in Greenville, South Carolina state that every employee in the state is protected under the Workers’ Compensation Act with the exception of:

Railroad employees
Federal employees
Agricultural workers
Businesses with less than 4 employees
Some types of real estate agents
Some casual or temporary employees
Corporate officers

An employee can receive workers’ compensation for personal injury or even death as a result of an accident which occurred at work. Workers’ compensation benefits in Greenville, South Carolina cover loss of wages during the disability, medical treatment, and compensation for disfigurement or disability.

SSDI Benefits Lawyer in Greenville, South Carolina

You may need both workers’ comp and SSDI benefits to make ends meet. J. Robert Surface Law can help your case.

The workers’ compensation program in Greenville, South Carolina provides medical care and benefits in the form of cash payment for any illnesses or injuries caused on the job. Employees who have been injured on the job in Greenville, South Carolina are eligible for workers’ compensation benefits if they can prove that their illness or injury was caused during their normal line of work.

To qualify for workers’ compensation benefits in in Greenville, South Carolina, the employee has to be able to prove that his or her illness or injury happened in the workplace or the injury or illness was related to work.

If you have been injured on the job and have been granted workers’ compensation benefits, you are entitled to compensation for lost wages, medical treatment (doctor’s visits, prescriptions, surgery, physical therapy, etc.) and compensation for long-term disability.

Can I Receive SSDI and Workers’ Compensation at the Same Time in Greenville, South Carolina?

SSDI benefits are separate from workers’ compensation benefits. Under South Carolina law, you are entitled to receive workers’ compensation benefits and SSDI benefits at the same time, given that you meet the requirements set for both programs. If you are unsure of what the requirements are, contact a lawyer at Robert Surface Law today to help guide you through the process to make sure that you get the full benefits you’re entitled to.

It is important to talk to a lawyer because federal law states a significant limitation for those eligible for both benefits.

If you receive both SSDI benefits and workers’ compensation benefits, your benefits must not exceed 80 percent or more of the income you earned before your injury. This means that if you received a large lump sum from a workers’ compensation settlement, there is a chance you may no longer be eligible to receive SSDI benefits. Many people who agree to these types of settlements are typically not aware of the consequences it can have on their SSDI benefits, which is why you should contact a disability lawyer who is experienced in these types of cases before agreeing to any type of workers’ compensation settlement.

Contact a SSDI Lawyer Today in Greenville, South Carolina

If you are no longer able to support yourself, you will need to know how to navigate through this difficult time while ensuring that you don’t lose out on any benefits. J. Robert Surface Law is here to help you navigate through this complicated and stressful process so that you can earn all the SSDI benefits and workers’ compensation benefits you are entitled to. Let an experienced SSDI attorney in Greenville, South Carolina guide you through the process and work with you to get you the full compensation and medical benefits you deserve.

Can Greenville, SC Social Security Disability Benefits Run Out?

February 16, 2018

If you are unable to work or are disabled in Greenville, South Carolina, you may be eligible to receive social security disability benefits. Social security disability benefits are benefits which are paid to you if you qualify as having a disability and have paid enough into social security within the past 10 years. In certain circumstances, you may qualify for Social Security Income (SSI) benefits if you have a disability and low income, but do not have enough work credits to qualify for social security disability benefits.

First and foremost, in order to qualify for social security disability, you must fall under South Carolina’s definition of disability.

What Does Greenville, South Carolina Define as Disabled?

The Social Security Administration (SSA) states that a person who is disabled must be affected by the following factors:

The individual must be unable to perform their work as they did before the disability
The individual’s ability to work must be because of their disability
The individual’s disability must last for at least one year

If you do not have a disability that the SSA lists as a legal disability, but can prove that you fall under the above three requirements, then you may still be eligible for social security disability.

In addition to meeting the SSA’s definition of disability in Greenville, South Carolina, you must also have worked long enough while paying into social security to qualify for benefits. Your eligibility is partially based on work credits, which you must earn while you have been working within the past 10 years. How many work credits you need to be eligible for social security disability will depend on your age as well as when you became disabled.

Typically, most people require 40 credits to be eligible, while 20 of these credits must be earned within the last 10 years. It is important to note, though, that if you are a younger worker, you may be eligible for social security disability if you have fewer credits.

What Should I Do if I Don’t Have Enough Work Credits for SSDI Benefits in Greenville, South Carolina?

If you do not have enough work credits and are of limited income in Greenville, South Carolina, you may still be eligible for social security disability benefits. Whether you are considered of limited income depends entirely on your assets, income and any property you may own.

If you have not worked under social security and do not have the income to support you, you may be able to qualify for SSI benefits. This is why you should contact a lawyer if you are disabled and need help determining if you qualify for benefits.

Will My Social Security Disability Benefits Run Out?

Social Security Disability Benefits Lawyer in Greenville, South Carolina

There are ways that your social security disability benefits could run out or be terminated. J. Robert Surface can help.

The Disability Insurance Trust Fund contributes to social security disability insurance and Supplemental Security Income. These funds were expected to run out of coverage in 2016, which would have resulted in a cut for those who were receiving benefits at the time. Congress has since then enacted the Bipartisan Budget Act of 2015, which gave money to the Social Security Trust Fund to ensure that disability benefits remain intact until 2022.

Congress has launched an investigation to deliver a new program to save costs which will make disability benefits sustainable after 2022. Although it is unsure what will happen by 2022, in the case that a cost-saving plan has not been developed by that time, your benefits will not be cut off completely — although they may be reduced.

With that said, there are instances where your disability benefits may be terminated or cut completely. If the SSA determines that you no longer suffer from a disabling condition, they could cut your SSDI benefits. In these cases, you will still receive benefits for another two months before they are stopped all together. If this has happened to you, then an SSDI attorney in Greenville, South Carolina can help. They can explain your legal options and the best ways for your to fight your SSDI termination.

Contact a SSDI Lawyer in Greenville, South Carolina to Discuss Your Legal Options

Navigating through a disability is hard. Not only have you lost your form of income, but you have to deal with the complications and stress of figuring out whether or not you are eligible for social security disability benefits and if they will run out. If you have a disability in Greenville, South Carolina, and are unsure about your social security disability eligibility, contact J. Robert Surface Law today for help through the process. Your SSDI lawyer will educate you on the intricacies of SSDI law as well as on the Bipartisan Budget Act of 2015 and how it may affect your social security disability benefits in 2022.

Social Security Disability Benefits for Mental Illnesses in Greenville

December 18, 2017

In Greenville, South Carolina, social security disability benefits are available to individuals who have no or limited ability to work due to physical or mental disabilities through two programs of the U.S. Social Security Administration (SSA). These programs are Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).

Out of the approximately 9 million U.S. SSDI beneficiaries and 8 million SSI beneficiaries, 35.2% based their application on mental health conditions. However, the process of applying and having one’s application for social security disability benefits in Greenville is anything but simple or short. To make it easier, many applicants choose to hire a Greenville social security disability attorney. Here is why:

The Challenges of Applying for Social Security Disability Benefits in Greenville, SC

Many applicants are under the wrong impression that all they have to do in order to receive social security disability benefits is to file a claim documenting their disability, attend a medical evaluation, and receive the answer to their claim. They expect to solve everything in a couple of months, but the waiting period is much longer and, unfortunately, often ends with a negative answer.

Social Security Disability Benefits in Greenville, South Carolina

Not sure if your mental illness qualifies for social security disability benefits? Reach out to the Robert Surface Law Firm today.

Nationwide, the period for reviewing social security disability claims revolves around half a year or more. In South Carolina, it comes close to 1 year. According to the Disability Benefits Center, the Office of Disability Adjudication and Review takes 349 days on average only to schedule a hearing. As if this were not enough, the claim filing and review process is quite complex and challenging. Here is a brief overview of the main steps:

Filing the Claim for social security disability benefits in Greenville – This step involves filling out form SSA-3368 no matter of how many conditions the applicant suffers, or whether they are physical or mental. Needless to say, the claim should include supporting documents. To make sure they fill in the form correctly and they include all the necessary documents, many applicants prefer to hire a Greenville social security disability attorney.
Claim verification – A disability examiner will be in charge of this step and the next. In order to complete it, the examiner will send letters requesting medical evidence of record to all treatment providers in the claim, and any other providers that may appear in the applicant’s medical records.
Claim evaluation – The disability examiner will evaluate all treatment records in order to determine whether the applicant has any functional limitations that make one unable to work and eligible for social security benefits. If the examiners discover any loose ends or incomplete information, they can send letters to the applicants asking them for clarifications, missing documents, or further evidence.
The disability hearing – It takes place in front of the Administrative Law Judge and its purpose is to confirm the information in the disability claim, clarify any aspects the examiner may consider confusing, and determine the following:

One’s ability to understand, remember, and perform simple tasks according to instructions
One’s ability to make simple work-related decisions and recognize workplace dangers and hazards
One’s capacity to respond adequately in various work situations and to interact with work supervisors and colleagues
One’s adaptability and reactions to workplace changes

The answer to the disability claim – It usually arrives within 2-3 months from the disability hearing. Unfortunately, as if the overall waiting time ranging between 1 and 2 years were not enough, most of the claims for social security disability benefits in Greenville, South Carolina receive negative answers.

Although applicants have the right to appeal denied claims, the waiting time for appeal hearings is even longer than the one for preliminary hearings. This would mean applicants may have to wait up to four years in order to start receiving their Greenville social security disability benefits. Their best chance of improving their odds and avoiding an appeal is to hire an attorney.

The Importance of Working with a Greenville Social Security Disability Attorney

Social security disability claims based on mental illnesses are more difficult to prove. The attorney will take over the claim process, from filling in the above-mentioned form to gathering the support documents and filing them.

The attorney will also help the applicant prepare for the hearing in front of the administrative law judge, and provide assistance throughout the hearing. With an attorney on one’s side, proving mental disability is much easier. In fact, statistics show that claims filed with the help of an attorney are more likely to receive a positive verdict than claims applicants file on their own.

Do you want to know if you are eligible for social security disability benefits and receive help with your claim if you are? Hire an experienced Greenville social security disability attorney like J. Robert Surface, and you’ll receive all the answers and help you need. Call (864) 300-4994 of use the contact form and schedule a free consultation now!

What Should I Do If I Do Not Receive Social Security Disability in South Carolina?

October 18, 2017

No one wants to deal with a scenario where they are required to file for social security disability. In the US and in the state of South Carolina, eligibility is guaranteed if an individual has been employed and had FICA taken out of their paychecks. That individual must also be insured and be able to prove the existence of a medical condition that prevents them from working to support themselves.

The Social Security Administration only entertains claims for full disability. Short-term and partial disability claims are denied upon receipt. For those claiming total disability, the following three conditions must be met:

Social Security Disability Lawyer Greenville South Carolina

Not sure if you should hire a social security disability attorney? Contact J. Robert Surface, Attorney at Law today!

The career the individual had previously is no longer an option
The medical condition prevents adjusting to another type of employment
The medical condition will last longer than one year and will eventually be the direct cause of death for the individual.

The process typically is lengthy and has people down to the wire in terms of financial stability, encouraging the individual to file on their own behalf rather than retaining legal counsel. However, individuals who file for themselves in regard to social security disability tend to have the initial claim denied and are forced to appeal at least once in order to receive their benefits.

For people who work with an attorney who has handled social security disability cases previously, the chance of the initial claim being approved increases substantially. That is why it is a smart move to get in touch with a lawyer prior to that first attempt to file.

In the event you have already filed and have had the claim denied, there is no better time than now to get in touch with legal counsel. The lawyer can help adjust the way the claim is filed to present the issue clearly. There are times, for example, that the physician’s diagnosis is a hindrance rather than a help in the filing process. Meanwhile, it is also possible that the answer to questions on the initial paperwork was not answered in a clear manner, and this led to the claim denial.

What is the Next Step When an Initial Social Security Disability Claim is Denied?

The appeals process has four levels if the initial claim is denied: the first is reconsideration; the next is a hearing in front of a judge, the next is a review that takes place in front of an appeals court and the final step is a federal court review. Following each step, the lawyer that is working on the case will receive a letter detailing the decision made by the board. In the event that the case goes to a hearing, the lawyer is the best person to gather all pertinent medical history and present the information that makes the board fully aware of the individual’s limitations and related inability to work to support themselves.

What Does the State of South Carolina Say About Social Security Disability Benefits?

Individuals who are struggling with the process can visit resources like the Social Security Disability SSI Resource Center. This website reports that roughly one-quarter of the claims filed in South Carolina for disability get approved. This means three-quarters of the individuals who file for disability in the state have that initial claim denied.

There are two ways to file for disability in South Carolina: online or at the local social security office. It is important to note, however, that an SSI claim cannot be filed online. Therefore, for individuals who expect their disability and SSI to be concurrent, it is better to plan a trip to the local office to be able to file appropriately. It is also important to note that filing online must be done without the benefit of asking questions of an actual employee of the social security office. If there is anything confusing about the process or any aspects of the filing process, require clarification to be handled properly, a visit to the local office becomes necessary rather than an option.

The disability interview is the most important step to the filing process. This allows the individual who is unable to provide medical evidence of their conditions to support themselves. It is important to bring all documentation to this meeting, from the current information detailing disability to the initial documentation of the condition. This can help Social Security determine what back pay, if any, should be awarded to the individual who is filing. A complete work history of the 15 years prior to becoming disabled is also necessary. This allows Social Security to understand the requirements of the individual’s job and the limitations they currently face that require the decision to file for social security disability.

All of this and more is required to make sure the Social Security Administration can make an informed decision regarding the disability claim. For those who deal with diminished mental faculties, it is even more important to have a legal counsel for this process. That lawyer is an objective adult that can oversee the evidence gathering and keep track of any areas where information still needs to be attained to solidify the disability claim.

It is also important to note that there is a social security disability program and an SSI disability program. Those who do not meet the criteria for the first program (either because they are not insured or have lost status because they have not been able to work for an extended period of time) may qualify for the second program. Having legal counsel that can help with this type of information and direct the legal process can be the difference in receiving benefits more quickly or having the process drawn out for a long time and struggling to survive until the decision is made in the claimant’s favor.

Consult with a South Carolina Social Security Disability Attorney

Get in touch with J. Robert Surface, Attorney at Law by calling 864-300-4994 today. You will find the assistance you need to deal with issues related to social security disability or veterans’ disability once you make the call and arrange for a consultation.

What Questions Does The Judge Inquire At The Social Security Hearing?

September 24, 2016

In general Social Security hearings are fairly casual, nothing like you are accustomed to seeing on the news or Court TV. Generally, the only folks in the hearing room are a court reporter who types what’s being said, the judge, the claimant and if you’re represented, your representative. It is also not unusual for the Administrative Law Judge to request a vocational expert or a medical expert testify at the hearing.

The primary goal of the hearing is for the claimant.

Usually the judge will ask questions in order to understand your case and get the info that is necessary to establish if you meet Social Security’s definition of impairment.

Background Information

The judge will ask you questions about your schooling and where you reside. Essentially, easy questions which you should not normally have to think twice about.

Work History

You’ll be asked about your work history before your alleged start date from fifteen years up to the last job you held. You might be requested to describe what this money is for if you’ve got any gains since your alleged start date.

Medical Condition(s)

Clearly you’ll be asked how they impact you on a daily basis and many questions about your impairments. Maybe you are asked if you’ve been hospitalized or if the drug helps your troubles, if the medicine has side effects. It’s also wise to be prepared to describe any difference in clinical treatment (for instance if you no longer had medical coverage).

Be prepared for the one question that I consider each and every judge I Have ever appeared in front of has inquired — “In your view, what prevents you from working?”

Daily Tasks

It gives them insight into what your limits are. It is here where the judge will usually have the ability to ascertain whether he/she considers you’re exaggerating or whether he/she thinks you’re a credible individual.

It is crucial that you make sure your limits are understood by the judge and your disability keeps you from doing daily tasks. But, at precisely the same time, you don’t need to lie or exaggerate. They are able to generally tell if someone is lying to them or if their limits are being exaggerated by the individual.

So you have applied for either Social Security Disability benefits or Supplemental Security Income and you have been refused at the First application, and perhaps another time at Reconsideration ( in case your state has this phase of the procedure).

Here are a number of things for what to expect at your hearing:

It is time to strongly consider getting one should you not have an experienced Social Security disability lawyer. Not to mention, they are going to present your case in an ordered fashion that reveals the judge that you simply match with the Social Security definition of disability.
Unlike other legal proceedings, claimants are prohibited by the new rules of Social Security from understanding who the Administrative Law Judge is ahead of the hearing.
Social Security hearings are fairly casual, nothing like you are accustomed to seeing on the news or Court TV. Generally, the only folks in the hearing room are a reporter who types what’s being said, the judge, the claimant and if you’re represented, your representative. It is also not unusual for the Administrative Law Judge to request a vocational expert or a medical expert testify at the hearing.
I have had hearings that have continued less and hearings that have continued considerably more. But, generally, if a seasoned representative or Social Security lawyer represents you, you should anticipate your hearing to continue close to an hour. From my experience of sitting in Social Security hearings where the claimant is unrepresented seldom last more than half an hour.
The Administrative Law Judge scarcely issues a determination the day of the hearing. It is not common practice, although this does not mean it never occurs. Thus, do not go to the hearing anticipating to have a final solution to whether or not your application for disability is being approved or refused. Should you not receive a bench decision (a decision the day of the hearing), you may need to wait to get your written determination in the email. The time frame for a verdict changes by judge, some judges get their judgements sent out within several weeks and sadly I Have had judges that take up to three months to issue their verdict.
The primary goal of the hearing is for the claimant. Nearly all the time spent in the hearing room if you’re represented by someone and is spent with the judge asking the claimant questions, having your representative ask you questions to notify the judge of significant details.
If you have been scheduled for a hearing, then read this post about Social Security disability errors that are common that are readily repaired.

You probably have waited eighteen months in case you are scheduled for a hearing then. That is why I’ll repeat my idea that should you not have an experienced Social Security disability lawyer, it is time to strongly consider getting one. Contact a dedicated Greenville Social Security Lawyer, J. Robert Surface, Attorney at Law, right away to schedule a free, confidential consultation. J. Robert Surface has extensive experience fighting for disabled people. Use his insight to your advantage and get the benefits you rightly deserve for your military service.

How To Appeal Social Security Disability Benefits Denial

July 25, 2016

It is quite common to be denied for Social Security disability benefits when you first apply for them. This is because of the complications and challenges associated with Social Security Disability Insurance (SSDI) and the fact that many do not have the help that they need to get the benefits that they deserve. In fact, many will be denied for small mistakes on the application or failing to attach important documents. This is common and frequently expected, and there is an avenue to appeal the decision against you. The wisest course of action, if you have been denied SSDI benefits, is to contact Surface Law Firm in Greenville, SC for a free consultation to learn more about your rights and the steps ahead of you.

Why Were My SSDI Benefits Denied?

If your SSDI benefits were denied, it could be for a variety of different reasons. With the right SSDI attorney, many of those reasons could be overcome with an appeal. Consider some of the following common reasons for denial of SSDI benefits:

You do not qualify for SSDI because you have not earned enough work credits.
You earn too much money through substantial gainful activity (SGA).
You are not disabled, according to the Social Security Administration’s definition.
You do not have a severe enough disability to last one year or lead to death.
You did not provide sufficient evidence of your disability.
You did not attend or refused to attend a consultative examination (CE) of disability.
Important information or documentation was missing from your application.
You are believed to have lied on the application.
You failed to follow through with necessary treatments or physical therapy.
Your disability is affected by your substance or alcohol abuse.
You have been found guilty of a felony and are in prison.
Your injury occurred while you were committing a felony you have been found guilty of.
You cannot be located for communication with the SSA.

Typically, the biggest obstacle that you will face in your quest to receive benefits is in providing adequate proof of the disability. Thus, it is common and necessary to use the appeals process. Being denied initially is a frequent occurrence, and you will have to deal with the administrative process if you wish to get the benefits that you need.

Four Levels of Appeals for SSA

If you have never attempted to apply for social security benefits, then you may be quite confused by the application and appeals process. The first thing to know is that there are four levels of appeals for SSA. These include the request for reconsideration, an Administrative Law Judge (ALJ) Hearing, an Appeals Council, and a Federal Court Review. On denial of your application, you will receive a formal informational letter regarding the appeals process. However, this can still be confusing. An experienced lawyer can help you to understand the process and successfully complete it.

Request For Reconsideration

The first level of appealing for SSA is the request for reconsideration. This is where the Disability Determination Services will perform a full review of your claim. These will not be the same people who have already viewed and denied your claim. You have the opportunity to submit new evidence, and this can make all the difference if you were denied for a lack of proof. This is also when you may be able to meet with an SSA rep to discuss your disability and needs. About 15% of claims that request reconsideration will be approved.

Administrative Law Judge Hearing

If you are not approved after requesting reconsideration, your next step is the Administrative Law Judge Hearing. This is much like going to court, and you would be wise to have an attorney on your side during this step. You will be presenting evidence and testimony to a judge who will question you, and you will have the opportunity to question witnesses and experts. An attorney in this situation is invaluable, as your lawyer will have the experience and expertise that you lack in gathering evidence, witnesses, expert testimony, etc, to prove that you deserve disability benefits.

At this level of appeal, your chance of approval will be greater, with some noting that more than 50% of appeals are approved at this stage. Do not give up hope when your case is denied, even if is denied again at reconsideration. There is still a chance, and if you work with an attorney, that chance is even greater, to prove your need to a judge.

Social Security’s Appeals Council

If you go through the ALJ Hearing stage and are still denied for benefits, you still have more options. The next step is to ask for a review by the Social Security’s Appeals Council. This is the council that will view requests and only review cases that are not determined to be already correctly addressed. You may get a decision from the council, or they may send you back for another ALJ review. You also have the opportunity to submit any new evidence that you may have.

At this point, you may be months into your injury and it may have grown worse. You can submit evidence of this as well. You may also have evidence that you’ve completed treatment and have not seen improvement. You will not have to attend a council hearing at this point unless the council sends it back down for review with the ALJ.

Federal Court Review

If you are still denied or if the Appeals Court will not review your case, you still have one remaining path to take. You can file a lawsuit in the federal district court, where a judge will review your application and the whole appeals process that you have been through. The judge will check for legal errors in the case and for any factual mistakes.

While it can be stressful and can take a lot of time and money to appeal your case in court, it is an option worth considering. To evaluate whether or not this is the right choice for your case, contact a knowledgeable SSDI attorney to discuss your application and appeals process.

Consult With an SSDE Appeals Lawyer in Greenville

The best thing that you can do if your application for Social Security disability benefits is denied is to seek a free consultation with an SSDE appeals lawyer in Greenville, SC. Surface Law Firm is here to help with the experience and expertise that you need on your side for the best chance of getting your application for disability approved.