Kingsport Social Security Disability Lawyer
Kingsport Social Security Disability Lawyer
The Law Offices of Mark T. Hurt have proudly served many individuals when they have been in need of a Kingsport social security disability lawyer. Social security has been helping people for years who cannot work due to medical conditions. You may obtain social security disability if you meet the criteria for eligibility. If you have already applied for social security and been denied there is no reason to worry. Many people receive denials due to them not providing adequate evidence as to why they need social security assistance. This is sometimes due to medical records or filling out an application incorrectly.
Who is Eligible for Social Security Disability?
To meet the eligibility for social security assistance, you must have been paying into the social security system for a certain number of years. The year amount can vary, but overall, it is usually between 5 and 10 years. An example would be if you were working for a company consistently for that amount of time (5-10 years), then you may be eligible. The governing bodies require individuals to pay into the social security system and prove that they were working and contributing to that system to be eligible when they are truly in need.
Another crucial element to keep in mind to obtain disability assistance surrounds the injury or ailment itself. Individuals can only receive this social security disability assistance if they are expected to be unable to work for at least 12 months due to medical conditions prohibiting them from working. If the individual has already been out of work due to an ailment for 12 months, then it may be time to start your social security disability application if you have not done so already.
What Happens if You are Denied Disability?
If you have been denied disability, there is no reason to panic or get upset. This happens to many people who apply for social security disabilities. A Kingsport social security disability lawyer can help you look over all the details you inputted during your application process. Many people do not fill out the forms adequately or get confused, leading to errors. The Law Offices of Mark T. Hurt has years of experience in helping clients fill out these forms correctly and has helped many individuals to obtain their disability assistance.
Why Might You Be Denied Disability?
Disability denials are, sadly, what people expect when they file a claim for benefits from the Social Security Administration. Disability claims have a 67% denial rate, and it’s believed that reconsiderations (or appealing) have an 87% denial rate.
When you are denied your disability claim, you will receive a letter (or a notice). This notice is going to have a brief description of your medical condition, the impairments that were considered, the medical and nonmedical records that were considered, and the explanation for the denial.
Often the denial states that there are other jobs that you can do because of the work you did previously, even with your disability. Therefore, in their eyes, you don’t need supplemental income because you can work. Some denial notices will include a “technical rationale,” which fully explains the medical issues that led to the denial. This is also a discussion of your residual functional capacity (RFC) and past jobs.
Should your notice not have the rationale in it, you can ask for one, and you can review it. This can help when you appeal.
7 Things Not To Do When Filing for Social Security Disability
Don’t Assume You Don’t Qualify for Benefits
You may think that because you’re not permanently disabled, you won’t qualify for Social Security disability (SSD) benefits. The fact of the matter is that if your disability is expected to last more than 12 months or result in your death, you may qualify.
Don’t Collect Unemployment Benefits
If you file for and collect unemployment benefits, that’s like saying you’re ready, willing and able to work. This could hurt your chances of receiving SSD benefits. Talk to your Kingsport Social Security disability lawyer from the Law Offices of Mark T. Hurt to see what you can do in the meantime while you wait for SSD to come through.
Don’t Miss Interviews or Doctor’s Appointments
If you miss interviews with people from the Social Security Administration (SSA) or doctor’s appointments, that could make your case take longer to resolve. In some cases it could result in a denial of your claim, necessitating an appeal.
Don’t Continue Working With a Doctor Who’s Unsupportive of Your Claim
When you’re filing for SSD benefits, it’s important to be working with a doctor who supports your claims. Unsupportive doctors could make notes in your medical records indicating that you’re not disabled at best, or that you’re malingering or trying to commit fraud at worst. In addition to a Kingsport Social Security disability lawyer, your doctor is the most important person to have in your corner as you apply for SSD.
Don’t Miss Your Appeals Deadline
If your case is one of the 66% of claims denied on the first try, according to the SSA, you have 60 days to appeal. If you wait too long, you may have to file a new claim, which restarts the clock on any backdating of benefits that could be paid out. For example, if your initial claim was filed on May 15th, and you had to appeal a couple times, the SSA could determine that your benefits should have started as of May 15th and pay you accordingly. If you miss your appeals deadline, that clock resets.
Don’t Expect the SSA To Gather Medical Evidence for You
It’s your job and the job of your Kingsport Social Security disability lawyer to gather all the medical evidence you need to submit a successful SSD claim. The SSA doesn’t have the manpower to hunt down medical records for anyone who applies.
Don’t Assume You Can’t Afford an Attorney
The majority of SSD lawyers offer a free initial consultation, then work on a contingency basis. That means they don’t get paid unless you win, at which point they’ll collect a percentage of your winnings for their fee.
3 Tips for a Successful Disability Claim
When you file a claim for social security disability, you will need to prove to the social security administration or appeals judge that you are permanently disabled and not physically or mentally able to perform functions associated with any job. A Kingsport Social Security Disability Lawyer with the Law Offices of Mark T. Hurt can help you file a claim or appeal a denial. Here are three things you should do to help prove your disability.
- Present Medical Records Documenting Your Condition
If you have been diagnosed with an illness that causes you permanent disability, you should have some medical record that documents your condition. Doctors or other treating providers often prepare progress notes or visit summaries focusing on the diagnosis and treatment. You may need to get supplemental information to show how the illness impacts your ability to function. Your physician might be willing to update the medical record to describe functional limitations based on previous evaluations. It also may be advisable to see another doctor to assess your restrictions on performing tasks associated with work. A Kingsport Social Security Disability Lawyer with the Law Offices of Mark T. Hurt can review your existing medical record documentation and advise if further information regarding your disability would be helpful.
Have Witnesses Who Can Describe Your Deficits
If you are appealing the denial of your social security application, you will have a hearing in front of a judge. Here you will have the opportunity to have witnesses testify on your behalf. Family members can offer insight into your daily struggles and functional limitations. If you have possible witnesses who may be able to provide information, you should advise your Kingsport Social Security Disability Lawyer so that they can contact the witnesses. An attorney with the Law Office of Mark T. Hurt will want to find out what testimony these persons may be able to give on your behalf
Be Able to Explain Your Disability
You are the person in the best position to explain how your disability affects your functionality. You will need to make sure that you fully describe your condition to your Kingsport Social Security Disability Lawyer. You may have to disclose personal or intimate details. Some of this information may be embarrassing or difficult to discuss. You should not be ashamed of any effects of your medical condition. Setting forth all of the facts of what you are dealing with is crucial to your case.
An example of a denial letter is below:
After a military career that ended in 1986, the claimant did not work until 1993. He was employed as a cashier in an ABC Store. He worked full-time, classified as substantially gainful activity levels until 1995. From 1995 until the alleged onset date (AOD), the claimant only worked weekends, and this work was not SGA (substantially gainful activity levels). This period fell within the relevant fifteen-year period and is considered sufficient duration for the claimant to gain the job experience necessary to work at an average job. Therefore, he can work as a cashier. This job demands to sit most of the day operating a cash register, observing purchases being made, exchanging money, and making changes. These duties require sitting, seeing, talking, reaching, handling, finger, and feeling. He’s also demonstrated elementary-level mathematics and cash register functions. Sometimes he must stand to retrieve register tape. With the exertional capacity available for him to do light work, this individual is not disabled.
Explaining the Denial Letter
So while a denial letter does not mean you cannot get disability, it can give you insight into why you may continue to be denied. Working with a disability lawyer can help you focus on the disability that is disabling you and would be considered to do so by the federal government. A good lawyer can also lessen your chances of rejection, in the first place or in the appeal.
These letters vary in the information they provide; some go even further to give detailed reports about the medical history and work history that caused your claim to be rejected. You can also request this report if it is not included in your denial letter. This can help when you and your disability lawyer go back over it for your appeal.
Is it Helpful to Obtain Legal Counsel?
Having a lawyer review your case is one of the most important things that you can do for your claim. An experienced lawyer will understand the nuances involved with the application and the records you will need to provide. Aside from records, a legal representative can also help with any supporting evidence that may be needed. The Law Offices of Mark T. Hurt is here to help and has proudly served as a Kingsport, social security disability lawyer for numerous individuals. Contact us today for a free consultation. We look forward to assisting you with your needs.
How to Improve Your Chances of Getting Your Disability Application Approved
If you have suffered a disability and cannot work, you may be eligible to receive Social Security Disability Insurance (SSDI). However, before you can receive the benefits, you must fill out a lengthy application. Here are a few tips to improve your chances of getting your application approved.
- Provide specific details about your medical treatment. The Social Security Administration (SSA) will want to know specific details about your medical treatment before approving your disability application. Many applicants make the mistake of not including enough details about their medical treatment. To improve your chances of getting your application approved, include the types of treatment you have received, the dates of the treatment, and the doctor’s name who treated you.
- Meet all deadlines. To get approved for SSDI benefits, you must submit your claim and responses for additional information within a specific period. For example, if your initial claim is denied, you have 60 days to file a Request for Reconsideration. If you do not meet these deadlines, your application could get rejected.
- Be honest about your symptoms. When filling out your application, provide specific details about your symptoms. For instance, if you experience very sharp back pain in the morning and have trouble getting out of bed, include that in your application. Under no circumstances should you exaggerate your symptoms, which can get your application rejected.
- Provide medical evidence. The SSA will also want to see medical documentation before approving your disability claim. As such, remember to include lab tests and clinical exams, current diagnosis, and written testimony from doctors.
- Hire a lawyer. While you are not required to work with a Kingsport Social Security disability lawyer, it is in your best interest to do so. A lawyer can help you avoid making mistakes on your application, improving your chances of getting approval.
- Do not work a full-time job. If you work a full-time job while applying for SSDI benefits, you can expect your application to get rejected. The SSA will assume that you’re not truly disabled if you can still work. Even if your finances are very tight right now, you should avoid working while applying for disability benefits.
Frequently Asked Questions About Social Security Disability Cases
Our Kingsport social security disability lawyer is available to support those in need of benefits during what is often a complicated and cumbersome process. If you require benefits, the chances are that you face several challenges, especially ones of a financial nature. The Law Offices of Mark T. Hurt can offer our guidance and support when you need it the most. When pursuing the process, there will inevitably be many questions to follow and, our team of experienced professionals is available to help you gain the answers you are seeking.
What is social security disability insurance?
Social security disability insurance (SSDI) is a federally funded insurance program overseen by The US Social Security Administration (SSA). If you cannot work due to a medical disability (illness or impairment) and qualify for SSDI, you may access monthly benefits.
Why might a person need social security disability insurance?
Most people have heard of social security- but it’s essential to know that it’s not just available for people who have reached the age of retirement. However, social security disability insurance is available to those who may not work due to an illness, injury, or other impairment. At times, these impairments may impact a person’s ability to maintain employment or even earn a living. To receive SSDI, you must have enough qualifying work credits.
How long does the approval process for social security take?
One of the most challenging aspects of applying for SSDI is the approval process. Not only can the application process be cumbersome, but the wait time can also be significant. The average wait time is 3-5 months for approval, making it critical to have the assistance of a Kingsport, Virginia social security disability lawyer. With a professional, you can mitigate the risk of a potential denial from the SSA.
Is it possible to expedite the approval process?
Unfortunately, many in need of SSDI experience financial hardship and may even find it challenging to gain housing, buy food or make ends meet. Because of this, it will be vital that you receive benefits immediately. While the process can sometimes be lengthy, if a person needs help, it may be possible to expedite the application with the proper evidence.
What are work credits, and how many are needed to qualify for social security disability insurance?
Approval for SSDI has several criteria that must be met, including having the appropriate amount of work credits. To receive work credits, you must have worked for a specific period. The number of work credits needed will depend upon how old you were at the time of disability. According to the SSA, on average, you need 40 work credits, 20 of those need to be obtained in the last ten years.
The Law Offices of Mark T. Hurt have witnessed firsthand the challenges of managing the application process and the potential complications should you receive a denial letter from the Social Security Administration (SSA). For support in handling your case, it may be in your best interest to speak with our Kingsport social security disability lawyer; we are prepared to support the best interests of our clients when they need it the most.