Social Security Disability FAQ

At Gardberg & Kemmerly, P.C. Attorneys at Law, we get many people coming to our Mobile, Alabama, office with serious questions for a Social Security Disability lawyer. We know how important it is for you to find the answers you’re seeking, so here are a few of the questions we see most often.

How do I qualify for SSDI?

Certain eligibility qualifications must be met. First of all, to qualify as a disability, the condition has to keep you from working for a minimum of 12 months. It may last for life. In terms of work history, you typically earn four credits per year of employment and you need 40 total to qualify. At least half of them need to have been earned in the last decade.

What is Supplemental Security Income (SSI) and how is it different from SSDI?

The biggest difference with SSI is that it may be based on disability, like SSDI, but it is also a safety net for those with few assets and limited income. It applies to those who are over 65 years old.

How do I apply for SSDI or SSI benefits?

Our experienced team can help you submit the proper paperwork to apply for benefits. You not only fill out the base application, but you also need to offer medical evidence showing that you are disabled. This is often described as the “cornerstone” of the process, so having the proper medical records and other evidence is critical.

How long does it take to get a decision on an SSDI or SSI claim?

This can be a long process that usually takes at least six months for an initial decision. Appeals take up to two years or more. The case will take longer if paperwork and documents are missing or if you are denied and have to appeal – two reasons why working with skilled attorneys can make the process faster than doing it alone.

What medical conditions qualify for Social Security Disability?

While the Social Security Administration maintains a “Blue Book” of impairments and medical criteria used to evaluate people for disabilities, it is important to understand that not every possible disabling condition is listed. You can qualify for SSI and SSDI based on any condition or combination of conditions that meet or equal a listed disability.

In general, so long as your unique combination of mental and physical conditions makes you unable to work and perform substantial gainful activity, you may qualify for benefits.

What do I need to provide to prove my disability?

Medical documentation of your impairment and its severity is the most important evidence you can provide when filing for SSI or SSDI. This can include a doctor’s records and recent test results (such as blood tests, MRIs and other records that show your functional limitations). In addition, you will need to provide information about your education and work history, including an explanation of your job duties, so SSA can assess your capacity for employment.

An SSDI attorney can help make sure that you submit the proper evidence for your claim, minimizing the risk of an unfair denial and a lengthy appeals process.

How do I appeal a denied Social Security claim application?

If your SSI or SSDI claim is denied, you will receive a letter explaining the reason for the denial and what steps to take next. You generally have 60 days from the date you receive the written notice of the denial (which is assumed to be five days after the notice is printed) to file an appeal in writing. An appeal of an initial denial is called a Reconsideration. If your Reconsideration is denied, you will need to file for a Hearing with an Administrative Law Judge (ALJ).

Our experienced disability attorneys can help you better understand the specific reasons that your claim was denied and what steps can be taken to overcome the denial upon appeal.

 

We have more than three decades of experience helping clients obtain the Social Security Disability benefits they deserve. Call 251-243-7872 or send us an email to schedule your free initial consultation.