Kingsport Social Security Disability Lawyer
Kingsport Social Security Disability Lawyer
The Law Offices of Mark T. Hurt has 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 are unable to work due to medical conditions. You may be able to 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?
In order 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 in order for them 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 are only able to receive this social security disability assistance if they are expected to be unable to work for at least 12 months due to medical ailments prohibiting them from being able to work. If the individual has already been out of work due to 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, then there is no reason to panic or get upset. This happens to many people who apply for social security disability. A Kingsport social security disability lawyer can help you to look over all of your details that you inputted during your application process. Many people do not fill out the forms adequately or get confused while filling them out 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. This is because 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.
Oftentimes 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 though, will include a “technical rationale” which is a full explanation of the medical issues that led to the denial. This is also a discussion of your residual functional capacity (RFC) and your past jobs.
Should your notice not have the rationale in it, you can ask for you, and you can review it. This can help when you appeal.
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, and was full time work classified as substantially gainful activity levels until 1995. From 1995 until 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 job experience necessary to work at an average job. Therefore, he can work as a cashier. The demands of this job are to sit most of the day operating a cash register, observing purchases being made, exchanging money and making change. These duties require the abilities to sit, see, talk, reach, handle, finger and feel. He’s also demonstrated elementary level mathematics and cash register function. 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 on why you may continue to be denied. Working with a disability lawyer can help you to focus on the disability that is actually 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 are going 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 be able to understand the nuances involved with the application and also the records that you will need to provide. Aside from records, a legal representative can also help out 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.