In order to qualify for disability, you must meet certain criteria. One of these criteria is that your disability must have lasted for one year already, or it must be expected to last a full year. In addition, you also have to prove that you make less than $1,350 a month. You’ll be expected to demonstrate that you have a legitimate physical disability. Usually, your disability lawyer in Greenville can do this using your medical records. Unfortunately, your medical records may not always show how long your disability will last. What this means is that if you apply for disability benefits early on in your disability, there is a very good chance your claim will be denied. In fact, of the disability claims that are filed every year, more than 70% of them are denied. It usually takes people several appeals before they’re ultimately approved for benefits.
Here, we will discuss what your disability lawyer in Greenville must show to demonstrate that your injury will last at least a year. We’ll also discuss the basic criteria you must meet in order to be approved for disability in general. If you still have questions about your own disability claim, feel free to contact one of our disability lawyers in Greenville today. We do offer clients a free, initial consultation and you can schedule this either by phone or through our website.
To Qualify for Disability, You Must Meet Certain Criteria
To qualify for disability in South Carolina, as in any other state, you must meet certain requirements. These requirements are set forth by the federal government and the Social Security Administration. While the criteria may change from year to year, for the most part, they are rather static. The only thing that consistently changes is the income threshold that a person must meet in order to qualify for disability benefits.
If you have any chance of your disability claim being approved, you must show that you meet the following criteria:
- you suffer from a physical injury that prevents you from being able to work
- your current income is less than the federal maximum set each year
- you have medical documentation to support your injury
- you are under the age of retirement
- you can demonstrate that your disability has either lasted for one year already or that it is projected to last for at least one year
When our disability lawyers in Greenville first meet with a client, they seem to think that these criteria are easy to meet. Anybody who’s suffering from a physical disability will probably agree. However, the Social Security Administration tends to deny most claims when they are first submitted. One of the common reasons they’re denied is because the claims examiner handling your case believes that your disability will not last for a full year. This means that your disability lawyer in Greenville must appeal your disability claim several times until they can convince the SSA that your disability is long-term.
If Your Claim is Denied, Your Disability Lawyer in Greenville Can File an Appeal
The good news is that if your disability claim is denied, your disability lawyer in Greenville can file an appeal on your behalf. While there is no law that says you can’t do this on your own, chances are, you filed your initial claim and it was denied. It is in your best interest to have a legal professional review your claim and help you file the appeal. When the SSA realizes that you have hired a disability lawyer in Greenville, they may give your claim more priority.
It is also easier for the claim’s examiner handling your case to contact your attorney. One of the common complaints of SSA claims examiners is that they can never get in touch with the individual to discuss their claim. At least if you retain a disability lawyer in Greenville, you know there’s always somebody there to take the claims examiner’s call. The claims examiner will also be much more likely to deal via e-mail if they are negotiating with an attorney rather than an individual claimant.
Appeal Your Disability Claim and Submit Proof That Your Disability Will Last at Least a Year
If your claim was denied because the SSA doesn’t believe it will last more than one year, you will be fighting an uphill battle. Other than waiting a full year to resubmit your claim, there are only a few things you can do to overcome this challenge. One thing your disability lawyer in Greenville can do is get more detailed information from your doctor. Whichever doctor is treating you for your disability knows how the disability process works. If you explain to them that you need more documentation substantiating the longevity of your disability, they may be willing to either issue a new report or sign an affidavit to this effect.
Your Disability Lawyer in Greenville Will Gather Whatever Evidence is Available
Once you retain our services, your disability lawyer in Greenville will start looking for any evidence they can find to support your disability claim. For example, you may have pictures showing that you were suffering from the same injury six or seven months prior to submitting your claim. Or you may have documentation from your employer stating that they had to put you on light duty or lay you off because of your medical condition. These things, in addition to your own statements and medical records, will be the best way to overcome your denial. Ideally, once the SSA receives this information, they will be more willing to approve your benefits.
We recommend that you contact our office as soon as possible and schedule your free, initial consultation. Sit down with one of our disability lawyers in Greenville and discuss your disability claim one-on-one. They can answer any questions you may have and give you an idea of how they will handle the appeal. You can schedule your initial appointment either by phone or online.