Social Security Disability Attorney in Charleston4401 Belle Oaks Drive, Suite 300
North Charleston, SC 29405
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Social Security Disability Lawyers in Charleston
If you live in Charleston and meet the conditions set by the Social Security Administration, you may be eligible for disability benefits. But it is frustrating to discover that the SSA will not approve your application for disability benefits despite your eligibility. If that is what you are experiencing, you may need to speak with experienced Social Security Disability lawyers in Charleston.
The truth is, the SSA denies most initial applications for disability benefits due to various reasons. Sometimes, some of these reasons have nothing to do with your eligibility. However, since there has been an increase in the number of Social Security fraud cases over the past few years, the government agency usually conducts thorough investigations into each application to determine eligibility.
For this reason, an honest mistake could be a good enough reason for the SSA to reject your application. To avoid this, it is important that you work with an experienced Social Security Disability attorney.
But before we discuss how an experienced attorney can help, here are five key factors the SSA considers before deciding whether to approve an application.
The Applicant’s Employment Status
The SSA has a particular income bracket eligible applicants must meet to be approved for disability benefits. This income bracket changes quite frequently. For instance, in 2022, you may not qualify for benefits if you earn more than $1350 a month or $2260 if you’re blind.
The Severity of Your Condition
To be approved for benefits, you must also demonstrate that your condition prevents you from doing certain work-related activities. Examples of these activities include:
But still, that is not enough to qualify for benefits. In addition to proving that your condition prevents you from doing these activities, you must also prove that you cannot work for at least 12 months. Failure to prove this element could jeopardize your disability claim.
The Condition Is Considered Disabling
The SSA has a list of conditions it considers disabling. So even if you meet the requirements stated so far, but the condition is not considered disabling, you may still not be eligible for benefits. However, it is important to note that the disabling condition does not have to appear in the list of conditions described by the SSA. Instead, it must be as severe as those conditions already listed.
Your Ability to Do the Work You Did Previously
If you were employed before the injury, the SSA would determine whether you can still do some of the work you did before the injury. If the injury does not prevent you from doing the work you previously did before the injury, then you may not be eligible for benefits.
Your Ability to Do Any Other Type of Work
The SSA will also consider your ability to do any other type of work. The government agency will consider your age, education, and work experience. If these three factors allow you to do any other work, then the SSA might deny your application for disability benefits.
Why You Need a Disability Benefits Attorney
A Social Security disability attorney can help you in many ways, as discussed below.
Filing Important Paperwork on Your Behalf
The application process for benefits involves complex paperwork. Even worse, your application will most likely be rejected if you make certain mistakes when filling out the paperwork. The last thing you want is to have your application for benefits rejected because you filled out the wrong paperwork or did not provide the correct information.
An experienced Social Security attorney knows the correct paperwork you need to file, including all the supporting documents. For example, since these petitions require a lot of medical paperwork, your attorney knows what you need to file and when to file it. As a result, working with an experienced attorney significantly increases your chances of being approved for benefits.
Saving Time and Money When You Apply for Benefits
Thousands of Americans apply for disability every year. For this reason, the waiting times for these applications have increased over the past few years. Due to the huge government backlogs, it is important to ensure that you get your application right the first time. Hiring an experienced attorney is one great way of ensuring your application for benefits is free from errors.
The lawyer will review your application — thoroughly — before submitting it to the government. As a result, the chances of rejection due to errors in the application are quite low. This is because the attorney usually has years of experience handling these kinds of cases and knows how to fill out complex paperwork correctly.
Managing Crucial Evidence to Be Presented to the SSA
The truth about disability applications is that what you consider evidence may not qualify as evidence under SSA’s regulations. However, an experienced attorney can help collect the most critical pieces of evidence required to convince the government agency that you deserve these benefits. The attorney will also communicate with your doctors to obtain important documentation to support your case.
Sometimes, it may be necessary to present professional witnesses to support your claim. This is also something an experienced attorney can help you with.
Collecting evidence to be presented to the SSA requires a lot of legal resources and expertise. At Morgan and Morgan, our Social Security disability lawyers are well equipped to handle a wide range of cases and help our clients obtain the benefits they deserve following a disability.
Providing Legal Representation During Disability Hearings
If your application gets rejected for unfair reasons, your attorney might decide to take the case to court. This means you may be required to appear in front of a judge. A skilled attorney will help you prepare for the court hearings well in advance.
Most judges listen to the opinions of medical experts to determine an individual’s eligibility for benefits. But that is not something you should be worried about, especially if you have a disability attorney. The lawyer will also question these experts on your behalf.
You can count on our disability attorneys at Morgan and Morgan to aggressively fight for you in court. We know what the court likes to see as evidence of disability, thanks to the decades of experience we have when it comes to handling these kinds of cases.
Writing Legal Analysis and Briefs
Social Security cases can become even more complicated, especially when filing an appeal. At some point, you may be required to write a legal brief to be presented in court. This can be overwhelming, especially if you do not have any experience writing legal briefs.
As a result, you need someone with the right training, knowledge, and experience to pull it off. That is one of the many areas of Social Security disability laws a seasoned attorney can help you navigate.
Keeping Up With Strict Deadlines and Appointments
The process of applying for disability benefits consists of many legal loopholes. For example, you have only 60 days to file an appeal if your initial application gets rejected. But this is not something you would be aware of if you do not have prior experience applying for disability benefits. Additionally, that is not the only deadline you should be concerned about.
Depending on the nature of your disability and application, you may be required to meet several other equally-important deadlines. Failure to meet these deadlines could jeopardize your application for benefits. That would be unfortunate, especially knowing that you lost a chance to earn benefits not because you were ineligible but simply because you did not meet specific deadlines.
When you hire a disability lawyer, you will not have to worry about these strict deadlines. Instead, your attorney will take care of all, if not most, of the paperwork on your behalf and keep you updated on the progress.
Inexpensive Legal Representation
You might be thinking that it is expensive to hire a disability attorney. In fact, many applicants decide to file for disability without an attorney because they believe that working with an attorney is costly. But that is not always true; the mere fact that you are applying for disability benefits means you need financial assistance. For this reason, the last thing you expect is to spend money you do not even have to find an attorney you cannot afford.
A seasoned disability attorney does not charge any fees unless you win. Just as long as you have a valid disability claim, an attorney can help you get approved for benefits.
In addition, did you know that the law prohibits attorneys from charging more than 25 percent or $6000 as attorney fees, whichever is less? Therefore, when you consider the stress and uncertainty of filing for benefits without an attorney, you will realize how efficient and cost-effective it is to work with an attorney.
At Morgan and Morgan, we offer a free case evaluation. So if you or your loved one has been denied disability benefits or does not know where to begin with the application, all you have to do is fill out our free consultation form. One of our legal representatives will get in touch with you to review your claim and then discuss the best way forward.
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Can I Return to Work While on Social Security Disability Benefits?
Yes, you may be able to return to work even as you receive disability benefits. However, certain actions could jeopardize your eligibility for benefits. Speak with an experienced disability benefits attorney to evaluate your options before going to work.
An attorney will review your case and advise you on the best way forward. For example, your salary could influence your eligibility for benefits. Other times, it could influence your taxes. An attorney will review all these factors and ensure you do not lose your benefits even as you work.
What Is the Difference Between Social Security Disability and Supplemental Security Insurance?
The main difference between Social Security Disability and Supplemental Security Insurance is how long the disabled individual has worked over the last 10 years. If the individual has not worked at all in the past 10 years or has not earned enough work credits, they may be eligible for Social Security Insurance. On the other hand, Social Security Disability is for disabled individuals who have earned enough work credits and paid taxes via their employer over the last 10 years.
What Are Some of the Reasons for Disability Benefits Denials?
The SSA might deny you benefits for different reasons. Some of the most common reasons include:
- Lack of enough medical documentation to prove disability
- Failure to complete the application forms correctly
- The applicant earns more than the salary cap defined by the SSA
- The applicant does not seek regular medical treatment with a medical expert
- The applicant’s condition can be cured in under 12 months
How Can Morgan and Morgan Social Security Disability Lawyers in Charleston Help?
At Morgan and Morgan, our Social Security disability attorneys tick all the right boxes if you are looking for an experienced lawyer to fight for you. We can help you with the initial application by gathering strong evidence to build your case and filing the initial paperwork.
Since we are the largest personal injury law firm in Charleston and throughout the United States, you can count on us to help you secure the benefits you deserve. This is because we have access to powerful legal resources and a network of experts in different fields.
We can also help review your initial application if you had already filed and got rejected. Then, if you have a legitimate claim, our attorneys will help strengthen your case and file an appeal on your behalf.
As mentioned before, Social Security applications are time-sensitive - act now by filling out our free, confidential case evaluation form.