Lake Charles Social Security Disability Attorneys
If you can no longer work because of an injury or illness, contact The Townsley Law Firm immediately. You might be eligible for Social Security disability benefits. We can help you file an initial claim or appeal a denied claim.
Social Security disability provides replacement wages for disabled workers unable to earn an income. The payments you receive could help you and your family pay for daily living costs and other expenses while you’re out of work. You deserve to receive the maximum benefits available.
The Townsley Law Firm will protect your rights to the Social Security disability benefits you deserve. Your injury or illness shouldn’t cause unnecessary economic burdens. We can help you with the application process and recover the payments necessary to replace your lost wages. Call us at (337) 377-0584 today for a free consultation with one of our Lake Charles Social Security disability attorneys.
Conditions Eligible for Social Security Disability Benefits
The Social Security Administration (SSA) defines a disability as the inability to engage in a substantial gainful activity because of a medically determinable mental or physical impairment expected to last for at least 12 continuous months or cause death.
Some of the conditions that qualify for Social Security disability benefits include:
Cardiovascular System
- Cardiomyopathy
- Aneurysm
- Chronic heart failure
- Coronary artery disease
Neurological Disorders
- Stroke
- Epilepsy
- Multiple sclerosis
- Alzheimer’s disease
Mental Illnesses
- Depression
- Schizophrenia
- Bipolar disorder
- Autism spectrum disorder
Hematological Disorders
- Leukemia
- Sickle cell disease
- Multiple myeloma
- Aplastic anemia
Respiratory Disorders
- Cystic fibrosis
- Asthma
- Chronic obstructive pulmonary disease (COPD)
- Chronic pulmonary hypertension
Skin Disorders
- Burns
- Dermatitis
- Ichthyosis
- Bullous disease
Musculoskeletal System
- Osteoarthritis
- Amputation
- Rheumatoid arthritis
- Fibromyalgia
Genitourinary Disorders
- Hereditary nephropathies
- Chronic kidney disease
- Hypertensive nephropathy
- Chronic obstructive uropathy
Digestive System
- Hepatitis
- Inflammatory bowel disease
- Gastrointestinal hemorrhage
- Chronic liver disease
Immune System Disorders
- HIV
- Systemic lupus erythematosus
- Type 1 diabetes
- Lupus
Endocrine Disorders
- Thyroid cancer
- Graves’ disease
- Hypothyroidism and hyperthyroidism
- Growth hormone deficiency
How Supplemental Security Income and Social Security Disability Differ
Social Security disability (SSDI) and Supplemental Security Income (SSI) are federal programs providing assistance to workers unable to maintain employment due to a qualifying injury or illness. You must meet specific requirements to receive benefits through either program.
Social Security Disability
Benefits from Social Security disability come from the taxes taken out of your paychecks for Social Security. You must go through a five-month waiting period after applying before you can begin to receive payments. Your disabling condition must prevent you from working during that time.
The amount of the payments you’re eligible to receive depends on the average wages you earned before suffering an injury and the number of years you were gainfully employed. If you have a more extensive work history, you’ll have more money from payroll taxes to recover for benefits.
Supplemental Security Income
SSI payments come from general fund taxes instead of payroll taxes. Your work history isn’t a factor in determining whether you’re eligible for benefits. The Social Security office reviews assets and income and only provides benefits to individuals who aren’t eligible to receive SSDI.
If you’re an individual applying for SSI coverage, you must earn limited income and not have over $2,000 in assets. You must have a maximum of $3,000 in assets if you’re applying as a couple.
While you’re collecting benefits through Supplemental Security income, you might also be eligible to receive food stamps and Medicaid. Unlike SSDI, there isn’t a long waiting period you have to go through before receiving your first payment. Typically, benefits begin within a month after applying.
Applying for Social Security Disability Benefits
You must have a disability that lasts for more than a year to qualify for Social Security disability benefits. However, you shouldn’t wait until the year is over before beginning the application process. It can be a complicated task, especially if you face any roadblocks along the way. Once you sustain an injury or illness that keeps you from your job, you should file your claim immediately.
The Federal Social Security Administration will review your claim once you file to determine whether you should receive benefit payments. A representative will send your application and other documents you provide to the state’s agency. While the agency reviews everything, they might consider some of these factors to decide if they will approve or deny your claim:
- If the disabling condition is severe enough to prevent you from maintaining employment
- Whether you’re employed at the moment
- The availability of other types of jobs you might have the skills or experience to do
- Whether your physical or mental impairment meets the Social Security Administration definition of a disability
- Whether you can complete any job-related duties
Once the agency concludes its review and decides whether they will approve or deny your application, they will return the documents to the Social Security Administration office. The SSA will need to determine whether they agree with the agency’s decision and send you a letter informing you whether you’ll receive the benefits you need.
How to File a Claim for Social Security Disability
You can apply for SSDI benefits in several ways. However, it’s typically best to hire a Social Security disability attorney in Lake Charles, LA, from The Townsley Law Firm for assistance with your SSD application. We can file your claim on your behalf and gather all the necessary evidence to show you have a disabling condition and deserve benefits while you’re out of work.
By Phone
If you want to speak with a representative directly about applying, call 1-800-772-1213. The representative can answer your questions and guide you through the process, so there’s no confusion about what you’re supposed to do.
You should provide your basic contact information so the office can mail you the application you need to complete. Applying for benefits using this method gives you the flexibility you need to take your time and ensure you don’t make any mistakes.
In-Person
You can call your local Social Security office and schedule an appointment to apply in person. You must bring identification, medical records, and additional documentation related to your disabling condition when you attend your appointment.
Online
The most convenient option is to file a claim online. The Social Security Administration offers a user-friendly online service with detailed step-by-step instructions.
No matter the method you choose to apply for Social Security disability, you need medical evidence. Providing relevant documents about your injury or illness and its effects on your ability to work can improve your chance of receiving the maximum payments available. You should ask your doctor to provide a written statement of your diagnosis and clearly state why it impairs your physical or mental abilities.
You can sign an authorization form to permit the SSA to request copies of your medical records. Since you’re likely receiving ongoing treatment for your injury or illness and need to prove you’re still suffering a disabling condition to continue collecting benefits, giving the SSA authorization to obtain your records themselves will make the process easier.
Appealing a Denied SSD Application
Most people don’t understand their rights following a denied Social Security disability claim. Just because the SSA denied your application doesn’t necessarily mean you’ve lost your chance to collect benefits. You could appeal their decision.
The letter you receive from the Social Security Administration should explain the reason for the denial and the level you must use to file an appeal. There are four levels of appeal.
Reconsideration
You could file an online appeal if the SSA denied your application for a medical reason. If you’re filing a non-medical appeal, you’ll need to obtain supporting documents to prove you have a disabling condition and start the process online.
Administrative Law Judge
You might have to request a hearing with an administrative law judge. The judge should be someone who wasn’t involved in denying your initial application for benefits.
Once you submit your request, you should receive confirmation and details regarding the hearing process. The SSA will schedule a date, time, and location for the hearing so a judge can hear your arguments and review the information you provide. They will determine whether they agree with the original decision to deny your claim.
Appeals Council Review
The Appeals Council meets to determine whether they will review your appeal request. They will uphold the denied claim if they agree with the decision made by the administrative law judge. However, if they believe you might be eligible for Social Security disability benefits, they will look into the application or send it to the original judge for a second look.
Review by Federal Court
If the Appeals Council agrees with the judge’s decision to deny your application, you could file a civil lawsuit. You must initiate your lawsuit within sixty days from the date of the Appeals Council’s notice of your denied appeal.
Contact Us
If you suffered an injury or illness and can’t return to work, do not hesitate to contact The Townsley Law Firm.
We’re ready to represent you in your case to pursue the benefits you deserve through Social Security disability or to obtain Supplemental Security Income. We can help you file an initial claim or appeal a denied claim. Our Lake Charles Social Security disability attorneys will advocate for your rights and pursue the maximum benefits you deserve.
Call us at (337) 377-0584 today for a free consultation.
