Types of Disabilities Covered by Social Security
Approximately two million Americans apply for Social Security Disability Insurance (SSD) each year, and over eight million people currently receive benefits. If you are unable to work or earn a living due to a debilitating illness or injury, you may qualify for government assistance from the Social Security Administration (SSA) to help cover you and your family’s expenses. However, obtaining Social Security Disability benefits can be challenging, as nearly 70% of all initial applications filed without an attorney are denied, even when individuals have a qualifying condition.
Virginians are frequently initially denied disability benefits, often because of minor clerical errors or lack of sufficient documentation. Unfortunately, these mistakes cannot simply be corrected; rather, a denied applicant must formally appeal a rejection, which can take months (or even years). However, with the help of an experienced SSD attorney, an unfavorable determination can typically be overturned significantly faster. If you are disabled but were initially denied benefits, we would welcome the opportunity to explain your appeal options and help fight for a quicker approval.
At The Law Offices of Mark T. Hurt, we understand that most individuals have never been through the SSD claims process, making it a potentially daunting task to apply for benefits or appeal a denial. Therefore, if you are pursuing a disability claim, we suggest hiring a full-service Marion, VA SSD Lawyer, who can guide you throughout the process. Whether you are considering filing an initial application or would like to appeal a denial, call our office today to schedule a complimentary consultation with firm-founding attorney Mark Hurt. He can help you navigate the complexities of the SSD application and significantly increase your chances of receiving disability benefits.
How Much Does a Marion Social Security Disability Lawyer Charge?
At The Law Offices of Mark T. Hurt, we understand the financial strain that having a disabling condition can cause, which is why we only are entitled to a fee if we are successful in obtaining benefits for you. Generally, if SSD compensation is secured, our fee will typically be equal to 25% of the back-pay amount or $6,000, whichever is less. Further, there is no fee for future disability payments that arise after an initial payment is made – you will keep 100% of these payments.
How Can A Marion Disability Lawyer Help With My Social Security Disability Benefits Claim?
For over three decades, Marion disability lawyer Mark Hurt has been helping clients successfully secure benefits and compensation for injuries and disabilities. When you hire our firm, Mark can:
- Evaluate your benefit claim;
- Explain your options;
- Help ensure that SSD eligibility requirements are satisfied;
- File an initial benefits application;
- Complete SSD claim forms;
- Obtain status updates from the Disability Determination Service;
- Compile medical evidence from healthcare providers;
- Appeal a denial in seeking to obtain the full benefits to which you may be entitled.
Do I Have to Hire a Lawyer To Apply for Social Security Disability Benefits?
While applicants can file for SSD without the assistance of an attorney, the likelihood of securing benefits increases significantly when an individual is represented by an experienced Marion SSD lawyer. For those who are no longer able to work, it is critical to understand that approximately 70% of SSD applications are initially denied, despite many claimants having qualifying disabilities. However, claims filed by experienced disability lawyers have an approval rate of about three times that of self-filed applications.
When an application is denied, it can take months (or even years) to navigate the appeals process. If a claim lacks supporting documentation or contains errors, applicants cannot simply correct the issue. Instead, they must engage in a lengthy appeals process, which can result in a significant delay compared to a claim being approved at the outset. Consequently, consulting with The Law Offices of Mark T. Hurt as soon as possible may help you secure benefits quicker, as we can typically help clients avoid making mistakes that result in denials and delays.
What Types of Disabilities Are Covered by the SSD Program?
To receive Social Security Disability benefits, you must satisfy several requirements, including:
- Mental or physical impairment. To qualify for benefits, an individual must have a physical or mental impairment that interferes with his or her ability to work for at least 12 months. A doctor must describe and diagnose the condition, meaning the injury or illness must be ‘medically determinable.’ When completing a disability claim, applicants not only must be medically impaired, they must provide evidence (such as statements and records from doctors, clinics, or hospitals) that clearly demonstrates an ailment’s extent. The statements should explain the condition that stops you from working and how the disability affects your ability to work which must satisfy all SSA requirements. Lastly, the records should also state that the disability is anticipated to last for at least twelve months or result in death.
- Disability must prevent substantial gainful work. The SSA will review whether a medical condition prevents an applicant from performing their job. If the condition stops an individual from engaging in their regular employment activities, the SSA will next consider whether the person can perform any other type of substantially gainful work. Substantial gainful work refers to any occupation that pays around $1,300 every month or more. Education, work experience, age, and training, will be carefully reviewed when making this determination, along with the feasibility of learning a new job skill for another occupational position.
- Disability must be long-lasting. It does not matter how severe or downright disabling an injury or illness is, as an applicant cannot qualify for SSD benefits unless a medical condition has lasted or is anticipated to last for at least twelve months. Of note, a condition may also qualify if it is projected to result in death. Thus, it is crucial to document that an impairment is likely to persist for a significant period or result in fatality.
Although a condition must be estimated to last for at least twelve months (or result in death), applicants do not necessarily have to wait an entire year to apply. As soon as an individual learns that an ailment is incapacitating and a clinician predicts that it is anticipated to last for one year or more, it is advisable to apply for SSD benefits, as the approval process can be lengthy.
Please note that once you start receiving benefits and later find that the disability does not last an entire year, the Social Security Administration cannot ask for its money back. Furthermore, the SSA has no right to reprimand you for recovering sooner than predicted, as long as the initial claim that the disability would last an entire year or more was legitimate.
Let Our Marion, VA SSD Lawyer Help You Get the Benefits You Deserve.
Wait times for disability benefits can vary extensively, depending on when an approval is obtained. For example, it can take six months for an examiner to review an initial application. If benefits are awarded, payment is typically issued within sixty days. However, if the application is denied, a reconsideration or appeal can take months (or even years). For this reason, it is advantageous to secure benefits as early in the process as possible.
At The Law Offices of Mark T. Hurt, we have helped thousands of clients secure benefits and compensation for their injuries, and we can be there for you – whether you need help filing an initial application or assistance appealing a denial. Contact The Law Offices of Mark T. Hurt at 276.623.0808 to schedule a free initial consultation. We will tenaciously fight to get you the disability benefits to which you are rightfully entitled!
This law firm is excellent to work with and I highly recommend them. Jessica was great to work with for me filing a disability claim through the Social Security Administration. She answered all my questions and concerns quickly and efficiently.