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Social Security Disability
You can no longer work due to an injury, a chronic illness, or a gradually worsening medical condition. You are in pain, you want to work but are unable, and you are worried about how you will continue to support your family. Finally, when you have nowhere else to turn, you file for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) – after all, you’ve been paying Social Security out of your pay checks since you began working, just in case an event like this touched your life.You may be asking – what is the difference between SSDI and SSI? The difference is that SSI is not based upon “paying into the social security system.” SSI is for those people disabled, blind, or age 65 or older that have not worked enough to earn the requisite “quarters” to qualify for SSDI. The claimant must legally reside in the United States and have income and resources within certain limits.
On the other hand, SSDI is a program aimed at workers who have contributed or paid into the social security system. A worker makes these payments through the Social Security tax on their earnings. Along with making payments into the system, a SSDI claimant must also have contributed recently enough to qualify. In order to meet this requirement, a claimant must have the necessary “quarters of coverage” to qualify.
To your surprise, your claim is denied, and you are given only 60 days to appeal the decision.
You don’t understand. You want to explain it to them simply: if you could work, you would. What other evidence do they need, other than that you are in too much pain or else plainly unable to keep the job that you held down competently when you were healthy? Why don’t they understand that you spent years paying into social security just in case of an emergency like this one? More than that, why don’t they understand that you do not feel well enough to work, let alone to grapple with the details and business of your own appeal?
Unfortunately, the reality of the situation is that 75% of disability claims are denied by the Social Security Administration (SSA) and over 80% of consequent appeals are denied.
Why are such large numbers of disability cases turned away? It is not necessarily because most people who file claims do not qualify for disability benefits. For many people with serious medical or conditions who are seeking Social Security Disability, it may simply be a matter of not knowing the standards and procedures of the SSA or the information and records that are required for approval. It may simply be a matter of the person filing the request not knowing how to correctly and effectively present their case in front of an appeal council or judge or not knowing how to find an experienced, specialized lawyer to represent them.
The majority of the time, receiving approval for Social Security benefits is not as simple as filling out the required forms – and, often, it is the SSA’s best interest to make it as difficult as possible for you to obtain the support that you deserve. Having experienced disability lawyers review your case can make all the difference between the government recognizing your medical condition and the government rejecting your perfectly warranted petitions for help. You have a right to a legal representative when doing business with the SSA.
At Mani, Ellis & Layne, PLLC, we have the knowledge and the tools that you need in order to receive the disability benefits that you deserve. Serving all of West Virginia, we not only know the ins and outs of the application and appeal process, but we also have the energy and power to advocate for you and your case to the fullest extent of the law. Many of the people in need of disability benefits are too unwell to navigate the complicated procedure of actually acquiring assistance and even the most diligent don’t have the experience or knowledge that comes with handling dozens of these cases – don’t give up on your case simply because you are overwhelmed, tired or frustrated.
Over the years, we have handled a variety of Social Security Disability cases, and we have an intimate understanding of what the SSA needs to understand about your particular condition and individual work history before they award you benefits. Disability laws are complex – even some lawyers lack a clear understanding of them. Don’t pick just any lawyer to represent your case. Pick time-tested professionals who have had great success with cases similar to yours in the past.
If your Social Security Disability claim was denied, we can help. If your Social Security was reduced or terminated unfairly, we can help. If your appeal for benefits was denied and you would like to move your case to a federal court, we can help.
There are a variety of mental and physical conditions that can render workers unable to engage in substantial gainful activity, such as:
• Chronic fatigue syndrome
• Fibromyalgia
• Disorders of the spine
• Degenerative diseases
• Serious fractures
• Blindness
• Loss of speech
• Chronic pulmonary issues
• Cystic fibrosis
• Asthma
• Chronic lung infections
• Severe burns
• Chronic heart failure or heart transplant
• Inflammatory bowel disease
• Chronic liver disease or liver transplant
• Kidney/Renal impairments
• Substance addiction disorders
• Personality Disorders
• Anxiety or Depression
• Multiple Sclerosis
These are just a handful of the conditions that you may suffer from that have rendered you unable to continue your job. You are the best judge as to whether you are eligible for assistance –don’t let the rejection of your initial application make you doubt the way you feel or make you unsure of your limitations.
Even if you are not sure whether your social security disability claim is viable, there is no harm in contacting us for a safe, confidential, and free consultation. Call us toll-free at 1-888-720-1001.
Web Resources for Social Security Disability:
Mani Ellis & Layne
405 Capitol Street
Suite 806
Charleston, WV 25325
Toll Free: 888-720-1001
Phone: 304-720-1000
Fax: 304-720-1001