Social Security Disability

 

Unfortunately, the Social Security disability process isn’t usually quick and easy. There are a number of time frames and deadlines involved in each step of the process. Depending on your unique case, a Social Security disability claim can take quite a bit of time. These time factors all depend on if you get denied, what state you’re in, and other decisions. Here at Parmele Disability Advocates, we have extensive experience working within the parameters of the disability process. We can help you determine your options.

 

Initial Claim

Most of the debate surrounding the idea of working with disability benefits stems from the concept of substantial gainful employment. Substantial gainful employment determines whether you qualify for Social Security disability or not. If the court decides that you are unable to perform substantial gainful employment (or a substantial gainful activity) for 12 months, then you will receive benefits. Substantial work is work in which you physically or mentally exert yourself. This can include part-time work even if your part-time job pays less than your previous employment. The term gainful refers to activities for which you received payment or activities for which most people receive payment. According to Social Security, an individual can earn money without having substantial gainful employment.

Reconsideration

This is where your state comes into play. Depending on which state you live in, you may have to go through an extra level of review called reconsideration. Some of the states that use this review process are Kansas, Oklahoma, Arkansas, and Illinois. If you reside in a state that uses reconsideration, you’ll have to request it if and when you get denied. After requesting reconsideration, you can expect the decision to take around a few months, possibly longer. If you live in a state that doesn’t use the reconsideration process, such as Missouri, you’ll skip straight to the next step, which is a hearing before an administrative law judge.

Hearing

If you’ve been denied at the reconsideration stage, or if you live in a state that doesn’t use it, you’ll need to request a hearing from an administrative law judge. Oftentimes, claims are denied at the reconsideration stage, so don’t be surprised if you end up at this step in the process. After you request a hearing, you can expect to wait an average of 12 to 18 months for a hearing date to be determined. You’ll have around a few months to prepare for your hearing, as the dates are usually scheduled well in advance.

Going before an administrative law judge on your own can be intimidating and stressful. Having legal representation can help you determine how winnable your case is, and they can help you get through the hearing with minimal stress. After your hearing, you can expect to wait 30-90 days for a decision to be made. Remember, this timeframe is just an estimate.

Finally, if you’re denied at this stage in the process, you’ll need to take it to the Appeals Council. If you reach this stage of the process, you can expect to wait at least a few months, and sometimes more than a year, for the review, appeal, and determination to be made.

Applying for Social Security disability can seem like a tiring and arduous process, but if you know what to do, the process can become quite a bit simpler. Here at Parmele Disability Advocates, we have extensive experience helping people apply for and win their Social Security disability cases.

First Steps

There are a few different ways for you to submit your Social Security disability application. The easiest way for most people is to submit their application online at www.ssa.gov. You can also call the Social Security Administration toll-free at 1-800-772-1213 or you can call your local office. Finally, you can go to your local in office in person, if you’d prefer. Do whatever makes you feel most comfortable. Any of these methods works just as well as the other, the important thing is you apply as soon as you believe you are eligible.

Important Factors

The most important thing you can do to improve your chances of getting approved for Social Security disability benefits is to ensure you provide all the necessary documentation and that all the documentation is accurate when you apply. Providing inaccurate documents could slow down the process considerably or prevent you from getting a favorable decision.

Another key factor in gaining disability benefits is your application date. The application date is essential in deciding the benefits you’ll receive. Sometimes, you can have previous applications reopened, or the date you apply can lend credibility to your claim. You should apply as soon as you’ve decided you are no longer able to work. Of course, you must not be working full-time, and you must attempt to get medical treatment to alleviate the issues that are preventing you from working. Once it’s determined you are unable to work, then it is time to apply for benefits.

We mentioned how important accurate documentation is, but you should also provide as much information as possible to hasten the decision-making process. Of course, you’ll need all the typical documents such as your birth certificate, proof of citizenship, and W-2 forms. Information about your work history, your doctors, and hospitalizations are all essential information that will help your Social Security disability application. You should also get a residual functional capacity report from your doctor. This document details your conditions and how they affect your ability to work in a full-time capacity. This information is vital to your application getting approved as quickly as possible.

Contact a Social Security Disability Attorney

Here at Parmele Disability Advocates, we have experienced disability legal representatives who are ready to help you win your case. If your application for benefits has been denied, you shouldn’t give up hope. Obtaining legal representation can make the process much easier and less stressful. If you are in need of disability representation, contact Parmele Disability Advocates today. We can give you a free consultation and determine what your options are. We’re happy to help.

You won’t have to pay to speak with legal representation at Parmele Disability Advocates. Our entire legal team gladly welcomes you to our offices (whether virtual or in-person) to hear your concerns and answer questions regarding your disability case. We want you to feel comfortable with us and hope you can share your experience. The more you share, the more we know, and the better equipped we are to help you win your case.

But how, you might ask, do we make our living? Read on to understand the process.

Your legal representative doesn’t ask for money upfront, halfway through the case, or even at the start of the Social Security disability appeal process. We get paid on a contingent fee basis. The work contingent literally means “dependent on,” and the contingent fee means precisely what you might guess. Our legal counseling fee depends entirely on the outcome of your case. If the court sees it fit to award you with Social Security disability, then we get paid. If you don’t get benefits and we can’t help you, we don’t get paid either. This ensures that we have your best interests at heart because they are also our own interests. Plus, we know how devastating it can feel to have your claim denied. Asking for a fee would only add insult to injury.

How Much Does Representation Cost?

Disability representation fees are mandated by the Social Security Administration to charge on a contingency basis. The Social Security Administration also mandates the maximum fees that can take out of your back pay. If the Social Security Administration awards you with disability benefits, then we can charge no more than 25% of your awarded back pay up to the maximum amount dictated by the Social Security Administration. That means you can only be charged the less of the two. If 25% of your awarded back pay equals $2,000, then your disability representative cannot ask for the maximum amount. On the other hand, they cannot ask for more than the maximum amount, even if 25% of your awarded back pay is more than that.

Find Your Legal Counsel at the Parmele Disability Advocates

Parmele Disability Advocates is a trusted name in disability representation, and we do everything in our power to help you win your case. We help you from the initial application and take your case all the way through the appeal process if needed. Do not hesitate to contact Parmele Disability Advocates today to see how we can help you.

Few things are more devastating than being unable to work due to a mental or physical disability. It can be extremely disheartening to know that you are unable to provide an income for yourself and your family. That financial hardship can leave you searching for alternative ways to provide for your loved ones.

After researching online and discussing your situation with trusted friends and family, you may decide to apply for Social Security disability. Seeking Social Security disability benefits is an intense and time-consuming process and requires a high level of dedication and understanding. In order to give your case the best chance of success, you should discuss your situation with a qualified disability attorney from Parmele Disability Advocates.

The First Steps to Understanding Social Security Disability

Whether you’ve been hurt on the job or you are suffering from an illness unrelated to your work, figuring out alternative methods of income can be extremely stressful. This stress causes many people to turn to Social Security disability. Unfortunately, just having a disability is not enough to qualify for Social Security disability benefits. In order to qualify, you must have worked in jobs covered by Social Security. If you paid Social Security taxes during your employment, you have worked at a job that is covered by Social Security. By working in a job covered by Social Security, you build up work credits that are then used to determine if you qualify for disability benefits.

What Are Work Credits and How Do They Work?

Work credits are based on the total yearly wages that you collected while you were employed at a job covered by Social Security. You can earn up to four credits for each year that you worked. The number of work credits required to qualify for disability benefits depends on the age you were when you became disabled. Typically, you would need 40 credits, and half of those credits must have been earned in the last 10 years. If you are younger, that number may be different. Work credits only last for a certain amount of time before they lapse. In order to use credits before they lapse, you have to show, within five years of your last employment, that you have become disabled.

Proving a Long-lasting Impairment

The other main qualification that you must meet in order to qualify for Social Security disability is proving that your disability will last for a year or more. This determination must be made by a doctor with accurate documentation, and there must also be documentation showing that you have sought out treatment for your disability. The Social Security Administration will not grant disability benefits to someone who has not attempted to manage their disability with medically supervised treatments.

Social Security Disability Help From Parmele Disability Advocates

If you are suffering from a mental or physical disability that is impeding your ability to work and provide for yourself and your family, you may qualify for Social Security disability benefits. The experienced team at Parmele Disability Advocates can help. We will help you through every step of the process, from the initial claim application to the appeal and hearing process. Let us help you get compensation and support so you can provide for your family while you are receiving treatment for your disability.

In 2023, 1,904,635 individuals applied for Social Security Disability benefits. Of the 1.9 million people that applied, only 561,585 received a favorable decision for benefits. Sadly, that is only about 30%. Only 30% of the 1.9 million people received the help the needed.

By obtaining legal representation to help you with your claim, you will be receiving reliable guidance on what can be a long and confusing process. Your legal counsel will review your situation and tell you what evidence is important, what information to emphasize, when your application should be submitted as well as professional advice on submitting your information in a manner that is favorable to you.

How Does a Lawyer Help During the Appeals Process?

The Social Security Administration (SSA) denies nearly 85% of all claims and offers only a short window of time for you to appeal the denial. The window lasts about 2 months, and by obtaining legal counsel, you can ensure you accurately finish your appeal in the time you’re given. Time, processing, and accuracy are all factors at play in the appeals process.

After your appeal is filed, your representative will go over a precise, comprehensive, and beneficial game plan for your hearing. They will also make sure to properly question witnesses so that the court sees the severity of your condition. If all else fails, your legal counsel will make arguments to present to the Appeals Council.

Keep Your Case in Good Hands from Beginning to End

The legal team at Parmele Disability Advocates has a combined 135+ years of Social Security disability experience and has helped over 55,000 individuals receive the benefits they so rightly deserve. Improve your chances of receiving your benefits by allowing Parmele Disability Advocates to present your strongest case possible. Your initial consultation is no-cost. What do you have to lose?

Struggling with a debilitating physical or mental disability can make it next to impossible to hold a full-time job. If you have recently developed a medical condition that makes it extremely difficult to work and provide for yourself and your family, you may be considering applying for Social Security disability.

While Social Security disability benefits can reduce some of the financial burdens you may be experiencing due to your disabling condition, it can take a significant amount of time to receive those benefits. While you are waiting for your benefits to be approved by the Social Security Administration and are unable to work, you may consider pursuing alternate benefit support, like unemployment benefits. However, you should discuss any decision regarding funding with your legal representative before going forward.

What Are Unemployment Benefits?

Unemployment benefits refer to financial support provided through a joint federal-state government program. Unemployment provides temporary payments to employees who lost their job through no fault of their own, due to layoffs and other similar situations. These benefits are in place to temporarily replace lost wages until a person finds another job.

Each state has different qualifications to receive unemployment benefits. A person must meet their particular state’s requirements for wages earned or time worked during a set period of time. This period of time is referred to as the base period. While each state’s base period is slightly different, most refer to the last four or five calendar year quarters before a person filed an unemployment claim.

States also have differing upper limits on the total weekly benefit amount that are based on the average earnings in that state. The benefits are taxable, and any other source of income a person receives while receiving unemployment benefits must be reported to the unemployment agency in their state.

How Do Unemployment Benefits and Social Security Disability Benefits Differ?

While both unemployment and Social Security disability benefits provide financial support to those who are unable to work, the qualifications for each differ greatly. To receive unemployment, a person must show that they are actively seeking other gainful employment. With Social Security disability, the main qualifying factor is a person’s inability to perform any work in the national economy on a full-time basis. Applying for both means that a person provides contrary information to two different government agencies.

Can I Apply for Both Types of Benefits?

While a person can apply for both unemployment and Social Security disability benefits, there can be adverse effects to the disability claim. The Social Security Administration’s official stance is that receiving unemployment benefits does not disqualify them from receiving disability benefits. However, unemployment benefits can create an adverse credibility factor for the administrative law judge that is reviewing the case. If a person is receiving unemployment benefits, they have claimed to be actively seeking full-time employment, which can indicate that their disabilities may not be as severe as they claimed.

Many states have also begun implementing regulations and legislation that require a person to repay unemployment benefits that were received during the time the Social Security Administration ruled that the person was disabled. This can result in less back pay when a favorable disability ruling is reached or the possibility of owing the government money if the unemployment funds were more than the back pay from Social Security disability.

Social Security Disability Advice From Parmele Disability Advocates

If you are considering filing for both unemployment and Social Security disability benefits, you should discuss it with a legal representative before applying. The legal team at Parmele Disability Advocates will examine your case and help you determine the best course of action for your particular situation. For more information and to schedule your free consultation, contact Parmele Disability Advocates today.