Social Security Disability

KNIGHT DISABILITY

Wyoming Social Security Disability Lawyer

Are you unable to live a healthy and productive life because you are suffering from a medical condition or an injury? Well, you’re not the only one. There are thousands of people who cannot make a living because they are mentally impaired or physically incapacitated. If your situation is like this, then Social Security Disability Insurance (SSIDI) could be the answer to your problem. If you are planning to apply for disability benefits under SSDI, you will need the services of a Security disability lawyer. A lawyer will help you through the difficult process and ensure that you are fully compensated.

The Law Office of William Knight will steer you through the difficult process to obtain disability benefits. It’s never going to easy applying for Social Security disability on your own. You need an experienced lawyer to help you handle your disability claims. If you need answers to your question, we can help you.

William P. Knight, Jr,

What Is SSDI?

It is very important for you to have some understanding of and the purpose of SSDI.

The Social Security Administration (SSA) handles two disability programs, which offer benefits on a monthly basis to disabled persons who are unable to work anymore. The two are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Although they share a few similar eligibility requirements, they both are different programs. SSDI is intended specifically for persons who worked for a specific number of years but are no longer able to work because they experienced some type physical, or mental disability.

What Are the Required Number of Years?

For you to qualify for SSDI you would have had to work jobs that make deductions from your salary towards payments to Social Security. This means that the jobs you worked at, would have deducted a specific amount of money as taxes to the SSA through jobs covered by Social Security.

Contributions are calculated in “work credits.” You will need no less than four work credits per year to qualify. The number of deductions need for work credit vary each year but once the specific number is reached for that year in salary or in income derived from self-employment, you would have earned one work credit.

Age plays an important role in the number of credits you need to be eligible for SSDI. Furthermore, the requirement of the SSA is that you would have earned some of these credits over a ten-year period before you became incapacitated. Basically, you need a total of 40 credits but 20 should have been earned during the last 10 years before your disability. Yet still, younger workers can qualify but with fewer credits.

Criteria for Disability Benefits

Additionally, to qualify for SSDI you also need to satisfy the federal government precise definition of ‘disability.’ You will only be considered ‘disabled’ and probably eligible for benefits by the SSA:

  • If you are unable to do the job you worked before.
  • If your medical condition prevents you from doing other types of work, you are qualified to do.
  • If your incapacity will last beyond or has lasted for a year or will cause death.

Many people believe that eligibility for SSDI is based only on their specific condition, but this is not true because eligibility is primarily work based. This means that the SSA’s decision to grant or deny your application is based on your capability to work. For example, if you are experiencing severe back pain, but you can still do your job and make some money, the SSA will not consider you for disability benefits.

How Can the SSA Determine Your Disability?

There are five questions the SSA uses to determine if you are disabled. After checking if you have enough work credits, the claims inspector will use the following criteria to review your application. Here are the five questions you need to ask yourself if you are not sure if you qualify for disability benefits.

1. Are You Working?

This question is asked by the SSA to find out how much income you can earn through a job. Once you can do what is called “substantial gainful activity” (SGA), you’re not deemed disabled and you’re not entitled to any benefits.

The SSA evaluates your monthly earnings to find out if it exceeds the highest income limit. If this is the case, you will be engaging in SGA and this will bar you from getting benefits.

The national wage index is used by Federal regulations to determine the yearly earning limits. The SSA’s benefit planner can help to ascertain the amount of money you can earn from work and yet still be eligible for SSDI benefits.

The SSDI program does not place a limit on the amount you can get from working, neither your assets. Moreover, any income earned by your spouse will not influence your eligibility.

2. How Severe Is Your Condition?

To be eligible for SSDI benefits, your condition must greatly affect your ability to do simple activities required in most job areas, such as walking, lifting, standing and recalling instructions.

If your condition is preventing you from completing these activities for at least a year, the claims inspector will move to the next question. If not, they will decide that you’re not disabled.

3. Is Your Condition Registered on The Disabling Condition List?

The SSA usually examines your capability to work irrespective of the condition you’re claiming. Nevertheless, they have a list of confirmed medical conditions that are so severe that automatically deprives someone of the ability to work.

Once the list does not contain the condition you state, the SSA will most likely automatically consider you disabled. If your stated condition is not on the list, the examiner will determine if it can be compared with any condition on the list. Once disability status is undecided, the SSA will go the next question.

4. Can You Continue Working as You Did Before?

To be eligible for SSDI benefits, your condition must greatly affect your ability to do simple activities required in most job areas, such as walking, lifting, standing and recalling instructions.

If your condition is preventing you from completing these activities for at least a year, the claims inspector will move to the next question. If not, they will decide that you’re not disabled.

5. Are You Capable of Doing Other Types of Work?

The SSA usually examines your capability to work irrespective of the condition you’re claiming. Nevertheless, they have a list of confirmed medical conditions that are so severe that automatically deprives someone of the ability to work.

Once the list does not contain the condition you state, the SSA will most likely automatically consider you disabled. If your stated condition is not on the list, the examiner will determine if it can be compared with any condition on the list. Once disability status is undecided, the SSA will go the next question.

What Happens If Your Claim is Turned Down?

Meeting all the above requirements does not mean that you will be successful. The tedious procedure involved in the application for disability benefits, claims are usually denied at the early stage. Many persons become frustrated when their application is denied at the early stage, but this not final, you can still receive benefits.

Of the multitude of Americans who apply for disability benefits each year, some claims are found to be have been fraudulent or misleading. To identify these deceptive tries, the SSA rejects any claim that appears to be deceptive.

The Disability Determination Services (DDS) is a state-run agency like the SSA is precise in their review procedure of SSDI claims. Any application that is not filled out correctly or does not have the proper medical evidence or has missing paperwork, will be rejected. Although this can happen, you should understand that you may have other options.

What to Expect When Appealing A Denied Claim?

If you make a claim for SSDI and was denied, you can appeal the SSA’s decision. This appeal process has helped many applicants who were denied at first to get disability benefits.

When disability claims are rejected due to missing information this can be rectified if the individual can submit the missing information, for example medical evidence. If you submit the proper documents from your doctor during the appeal, your claim can go through. However, it may not be that simple.

If your claim is rejected, you need to talk to a Social Security disability lawyer. Since there are many reasons that can influence a SSDI denial, a legal professional is your best option. A lawyer who understands the system can go over your claim and find out exactly why it was rejected.

When you appeal a denied claim, you’re really requesting the SSA to re-examine its decision. Here is what to expect if you are thinking of appealing the denied benefits:

Request for Reconsideration:

Once you receive a denial, your lawyer can file a request for reconsideration with the SSA. A new claims examiner will evaluate your application by considering any new evidence or documents submitted by you or your lawyer.

Hearing:

If your request for a review is denied, you probably can ask for a hearing in the presence of an administrative law judge (ALJ). Having an experienced attorney present at this stage of the appeal process is your best option. The lawyer can coach you for the hearing, quiz expert witnesses to confirm your claim and make a strong case on your behalf.

A lawyer is Your Best Resource

Whether you are applying for SSDI for the first time or you would like to start the appeal process, an attorney will be a valuable resource.

From preparing your claim for success to coordinating with the SSA on your behalf, hiring an attorney will give you the best chance of receiving the benefits you deserve.

The sole focus of the Law Office of William Knight is to assist clients all over Wyoming with their application and appeals to SSDI and/or SSI. By utilizing our wide-ranging experience and knowledge, we can duly represent you and minimize the difficultly usually associated with getting SSDI benefits.

Attorney William Knight’s extensive experience in Social Security Disability provides him with the resources that can help you obtain disability benefits. He understands the frustration that usually comes with denied claims when requesting SSDI benefits. His sole desire is to help disabled clients in Wyoming to get the needed benefits so they can take care of their everyday necessities. William Knight will assist you through every stage with the Social Security Administration.

Schedule a Free Case Review

William Knight is a veteran disability lawyer in Wyoming, representing clients in Casper area. To have William Knight review your case, please call 307-333-7443 or complete a contact form to arrange a free consultation.
Learn More