If You Don’t Win Social Security Disability on Your First Try, It Isn’t the End for Your Claim

If a Social Security disability claim is rejected, be sure to contact a disability lawyer before appealing

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First, you should know that the majority of first-time applicants are denied. But, if you’re denied, you can work with a Social Security Disability attorney. In fact, Social Security’s statistics show you have a better chance of winning benefits if you get help from a disability lawyer.

If you’re denied, it’s best to seek out a disability lawyer. Only a disability lawyer is trained in disability law, knows the rules of the disability system and can help to make a difference in your claim. If you were denied, it’s strongly recommended you get help from a disability attorney.

The main reason to work with an attorney is if you need help with your hearing (if necessary). Due to the current backlog of cases before the Social Security Administration (SSA), there’s about a one-year wait for a hearing. In addition to this backlog, there are roughly 816,000 hearings pending according to the SSA.

If you’re denied, it can take a long time to make it through the Social Security Disability appeals process, but success is possible. According to the Social Security Administration’s (SSA) latest statistics, there are about 11 million Americans receiving SSD. And the average monthly check received is for $1,130. On top of SSD, there are nearly 8.3 million Americans receiving SSI – a different program for those with a low income and disabilities.

If you do win disability benefits, getting your monthly checks can take a while because of the backlog. And once you do start receiving your benefits, your case will most likely be reviewed to make sure you are still disabled.

Dispelling the Rumors About the Social Security Disability Program

The disability program is not a federal program that is failing. It provides crucial sustenance for people who are too physically or mentally impaired to work. Anyone who earns less than $1,090 a month has the potential to qualify. That monthly amount is less than 40 percent of the median earnings for a full-time worker with only a high-school education.

What is true is that as baby boomers age, more and more people will need to apply for disability benefits. To help combat this, the government has raised Social Security’s normal retirement age to 66, or 67 if you were born in 1960 or later.

And the vast majority of the American public will not need Social Security Disability benefits. In fact, the SSA released a study in January 2014 that shows workers currently aged 20 have a 27 percent chance of landing on disability before they hit retirement age.

The program is an insurance program set to help out anyone in the working public who can’t work because of a debilitating medical condition.

As Americans’ Average Ages Increase, So Will Social Security Disability Applications

Since 2007, claims for benefits have gone up 25 percent – mainly because more and more baby boomers are finding themselves in need of disability benefits. They’re trying to get disability benefits because they aren’t quite old enough to get retirement.

In 2013 alone, more than 3.2 million Americans applied for Social Security Disability (SSD) or Supplement Security Income (SSI). But, with more applications, come more denials – this is where an attorney can make a big difference.

In order to qualify for Social Security Disability benefits, you must meet the SSA’s strict definition of “disabled.” SSA’s definition means you must have a mental or physical condition that’s expected to keep you from work for at least one full year (or result in your death).

The Social Security Administration’s data shows that the most common conditions include mental disorders and bone and muscle pain.

What Do I Do If I’m Denied in Nashville?

You appeal.

And while you can do everything by yourself, you’re better off working with an experienced disability attorney.

When you go through the process there are complicated rules, procedures, doctors, judges and many things for you to deal with. You should be focused on getting better. Let an attorney focus on winning your case.

If you can’t work because of your medical condition and want help, visit www.ssa.gov.

About Phillip George

Phillip George received his B.S. from Middle Tennessee State University and his J.D. from the University of Tennessee. He has practiced Social Security Disability law for more than 33 years. He’s helped thousands of people in Nashville and Middle Tennessee get the Social Security Disability benefits they need. Phillip is a member of the National Organization of Social Security Claimants’ Representatives (NOSSCR), the Tennessee Bar Association and the American Bar Association. He is an attorney with George & George Disability Attorneys.

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