Four Powerful Strategies For Winning Social Security Disability Claims
- Have current, ongoing, consistent medical records up until the date of the hearing!
- Have your doctor write a narrative letter tying your medical condition to the specific limitations you are suffering!
- Focus on non-exertional impairments!
- Credibility Is Key, so make sure to cover all credibility factors!
Your diagnosis is not enough. Social Security wants to know the limitations you have from your condition that prevent you from working. If your doctor is not noting your limitations in your chart, Social Security will allege that you are claiming your condition is worse than your doctor says it is.
We see this issue in hundreds of claims every year, and we know what to do about it.
How to Proceed if Your Social Security Application Has Been Denied
Navigating a denied Social Security application can be overwhelming, but knowing your next steps can make all the difference. If your application has been denied, it's crucial to consult with a qualified legal professional who can guide you through the process of appealing your claim.
Immediate Steps to Consider:
- Review the Denial Letter: Understand the reasons for the denial. This will help your lawyer tailor the appeal to address these specific issues.
- Contact a Social Security Disability Attorney: It's important to have an expert on your side who can evaluate your case and advise on the best course of action.
Get the Answers to your SSDI Questions
Additionally, Social Security disability applicants can find many of the answers to their questions about the Social Security disability claims process on our SSDI FAQs page or blog.
Some of our most popular and helpful topics include:
And that leads us to the question we get most often....
How Much Does a Social Security Lawyer Cost?
When people call our office, they are usually out of work due to their disability and are concerned that they cannot afford a disability lawyer.
The good news is that hiring a disability lawyer does not cost anything upfront.
We only get paid if you get paid.
Federal disability law fees are set by law and cannot exceed 25% of your back benefits.
In many cases, the maximum is $7,200 (if we win at the first hearing). That’s because I generally use the fee agreement process.
AND that amount is ONLY due if I am successful in representing you.
If your claim is denied, you owe no attorney fees.
We handle disability cases nationwide. There are no upfront costs, and you only pay us if we're successful in getting you benefits.
Understanding SSA's Disability Qualification Criteria
When determining eligibility for disability benefits, the Social Security Administration (SSA) evaluates five essential criteria. Here's a breakdown of these criteria to help you understand what makes a disability qualify for benefits.
Substantial Gainful Activity (SGA) Limitation
Your disability must hinder your ability to engage in work that provides significant income. The SSA assesses this by examining your earnings to decide if they fall below a specific threshold, indicating limited working capacity.
Severity of Condition
The impairment you're experiencing should be severe enough to restrict basic work functions such as lifting, standing, walking, sitting, or recalling information. Importantly, this limitation should persist for a minimum of 12 months.
Listed Medical Conditions
Check the SSA's list of recognized medical conditions. Your condition should be included on this list, which identifies disabilities deemed severe enough to warrant benefits. If it's not listed, the SSA will evaluate whether your condition's severity matches one that is.
Inability to Perform Previous Work
If your condition isn’t on the list or is not as severe as the listed conditions, the SSA evaluates whether your disability prevents you from doing any work you've done in the past. This assessment is key in determining continued eligibility.
Feasibility of Other Work
Lastly, if your disability impedes all previous job roles, the SSA considers whether you can perform any other type of work. This takes into account your medical condition, age, education, work history, and transferable skills. If the conclusion is that no alternative work is feasible, your eligibility for benefits is confirmed.
These criteria are designed to ensure that only those who genuinely cannot maintain substantial employment due to their disability receive assistance, providing a critical safety net for those in need.
How Do You Earn Social Security Credits Through Work?
Earning Social Security credits is essential for qualifying for disability benefits. These credits are tied to your work history and income, serving as a measure of your contributions to Social Security.
Understanding Work Credits
Each year, based on your income, you can accumulate up to four work credits. The amount of money required to earn a single credit can vary yearly, but typically, it's a reasonable portion of your earnings.
Requirements for Disability Benefits
- Generally, you need 40 work credits to be eligible for disability benefits.
- At least 20 of these credits should have been accumulated in the last 10 years leading up to your disability.
Exceptions for Younger Workers
Younger individuals might qualify with fewer credits, as the required amount adjusts based on age and work history.
Understanding how you accrue these credits is key to planning your path to eligibility for Social Security benefits.
Talk to a Social Security Disability Attorney
Because each individual’s situation is unique, it is always a good idea to talk to an attorney before appealing your claim.
Contact Loyd J. Bourgeois, Attorney at Law today by calling 985-240-9773 to speak directly with a qualified legal professional about the issues and questions specifically involved in your disability claim.
There is no fee for an initial consultation, and you can begin to get the help you need with your disability claim.
Nationwide Disability Representation, Local Expertise in Louisiana
At LJBLegal, we proudly represent clients seeking disability benefits nationwide. Whether you need help navigating a Social Security Disability application or appeal, our experienced team is here to assist you no matter your location.
For those in Louisiana, our local knowledge and personalized approach ensure we are not only advocates for your disability rights but also a trusted resource in your community. Click below to see the specific areas we serve in Louisiana.
See Our Louisiana Service Areas
Contact us today for expert disability representation—wherever you are!
