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.
Library for Social Security Disability:
- Understanding and Treating Chronic Fatigue Syndrome and Fibromyalgia
Description: Fibromyalgia, Chronic Fatigue Syndrome, Irritable Bowel Syndrome, pain, fatigue, headaches, distrubed sleep patterns, anxiety, depression, numbness an tingling in the arms, hands or feet, bowel disturbances, diarrhea, constipation, fibrositis, tender points, females, disability, social security, chronic, Epstein-Barr Syndrome, frequent urination, muscle aches, joint pain
Web Resources for Social Security Disability:
- DSM-IV Online
Description: Psychiatric Diagnoses are categorized by the Diagnostic and Statistical Manual of Mental Disorders, 4th. Edition. Better known as the DSM-IV, the manual is published by the American Psychiatric Association and covers all mental health disorders for both children and adults. It also lists known causes of these disorders, statistics in terms of gender, age at onset, and prognosis as well as some research concerning the optimal treatment approaches.
Mental Health Professionals use this manual when working with patients in order to better understand their illness and potential treatment and to help 3rd party payers (e.g., insurance) understand the needs of the patient. The book is typically considered the ‘bible’ for any professional who makes psychiatric diagnoses in the United States and many other countries. Much of the diagnostic information on these pages is gathered from the DSM IV.
The DSM IV is published by the American Psychiatric Association. Much of the information from the Psychiatric Disorders pages is summarized from the pages of this text. Should any questions arise concerning incongruencies or inaccurate information, you should always default to the DSM as the ultimate guide to mental disorders. - Medical Abbreviations Dictionary
Description: Medical and Pharmaceutical Abbreviations Dictionary
- Panic/Anxiety Disorder
Description: Panic Disorder
What is Panic Disorder?
Panic disorder is an anxiety disorder and is characterized by unexpected and repeated episodes of intense fear accompanied by physical symptoms that may include chest pain, heart palpitations, shortness of breath, dizziness, or abdominal distress. More about Panic Disorder »
Signs & Symptoms
People with panic disorder have feelings of terror that strike suddenly and repeatedly with no warning. During a panic attack, most likely your heart will pound and you may feel sweaty, weak, faint, or dizzy. Your hands may tingle or feel numb, and you might feel flushed or chilled. You may have nausea, chest pain or smothering sensations, a sense of unreality, or fear of impending doom or loss of control. More about Signs & Symptoms »
Treatment
Effective treatments for panic disorder are available, and research is yielding new, improved therapies that can help most people with panic disorder and other anxiety disorders lead productive, fulfilling lives
Genreralized Anxiety Disorder,Obsessive Compulsive Disorder, Panic Disorder & Agoraphbia, Post Traumatic Stress Disorder (PTSD), Sleep Disorders - Lupus Fondation of America
Description: Lupus is an autoimmune disease that can affect various parts of the body, including the skin, joints, heart, lungs, blood, kidneys and brain. Normally the body's immune system makes proteins called antibodies, to protect the body against viruses, bacteria, and other foreign materials. These foreign materials are called antigens.
In an autoimmune disorder like lupus, the immune system cannot tell the difference between foreign substances and its own cells and tissues. The immune system then makes antibodies directed against itself. These antibodies -- called "auto-antibodies" (auto means 'self') -- cause inflammation, pain and damage in various parts of the body. - Bipolar Disorder
Description: From high to low. From mania to depression. From recklessness to listlessness. These are the extremes associated with bipolar disorder, a mental illness characterized by mood instability that can be serious and disabling. Bipolar disorder is also known as manic-depression or manic-depressive illness — manic behavior is one extreme of this disorder, and depression is the other.
The deep mood swings of bipolar disorder may last for weeks or months, causing great disturbances in the lives of those affected, and those of family and friends, too. Today, a growing volume of research suggests that bipolar disorder occurs across a spectrum of symptoms, and that many people aren't correctly diagnosed. Left untreated, bipolar disorder generally worsens, and the suicide rate is high among those with bipolar disorder. But with effective treatment, you can live an enjoyable and productive life despite bipolar disorder. - Asthma
Description: The airways are tubes that carry air into and out of your lungs. People who have asthma have inflamed airways. This makes the airways swollen and very sensitive. They tend to react strongly to certain substances that are breathed in.
When the airways react, the muscles around them tighten. This causes the airways to narrow, and less air flows to your lungs. The swelling also can worsen, making the airways even narrower. Cells in the airways may make more mucus than normal. Mucus is a sticky, thick liquid that can further narrow your airways.
This chain reaction can result in asthma symptoms. Symptoms can happen each time the airways are irritated. - Arthritis Foundation
Description: Symtpoms and Treatment for Arthritis. Research tool for types of arthritis and other related conditions, including, but not limited to rheumatoid arthritis and osteoarthritis.
- Gray's Anatomy
Description: Gray's Anatomy of the Human Body. A anatomical view of the human body. Consumer research tool.
- Merck Manual
Description: A series of healthcare books for medical professionals and consumers.
- National Organization of Social Security Claimants’ Representatives
Blog for Social Security Disability
Mani Ellis & Layne
405 Capitol Street
Suite 806
Charleston, WV 25325-1266
Phone: 304-720-1000
Fax: 304-720-1001
Toll Free: 888-720-1001