Fayetteville SSDI Attorneys

Helping Clients Navigate Social Security Disability Income (SSDI)

Dealing with a disability is already a challenging situation. At Lanier Law Group, P.A., we understand the challenges you face when dealing with disability and the complexities of the SSDI process. Our Fayetteville SSDI lawyers have successfully represented numerous clients, helping them secure the financial support they need during challenging times. We are committed to providing personalized and caring legal services to guide you through the SSDI process.

Call Lanier Law Group, P.A. today at (910) 370-8379 or contact us online to schedule a meeting with our SSDI attorneys in Fayetteville!

Understanding Social Security Disability Income (SSDI)

Social Security Disability Income (SSDI) is a federal program in the United States that provides financial assistance to individuals who cannot work due to a qualifying disability. This program is administered by the Social Security Administration (SSA) and aims to support those with disabilities who have contributed to the Social Security system through payroll taxes.

Individuals must meet specific eligibility criteria to qualify for SSDI benefits. The SSA defines a qualifying disability as a medical condition that prevents a person from engaging in substantial gainful activity (SGA) and is expected to last for at least 12 continuous months or result in death. The disability must be severe enough to hinder the individual from performing work-related activities.

Eligibility Criteria for SSDI Benefits

To be considered eligible for SSDI benefits, individuals must fulfill the following criteria:

• Work Credits: Must have sufficient work credits earned through employment where Social Security taxes were paid.
• Qualifying Disability: A medically determinable impairment significantly limiting the ability to perform basic work activities.
• Duration of Disability: The impairment must be expected to last for at least 12 months or lead to death.
• Substantial Gainful Activity (SGA): Must demonstrate that the condition prevents the ability to engage in SGA, which the SSA defines as earning above a specific monthly income threshold.

Understanding these eligibility requirements is essential for individuals seeking to secure the benefits they need during difficult times. By ensuring that all necessary documentation is prepared, applicants can navigate the SSDI process more effectively and improve their chances of receiving approval for financial support.

Unlike Supplemental Security Income (SSI), a needs-based program, SSDI eligibility is based on work credits. These credits are earned through the payment of Social Security taxes while working, ensuring a fair and equitable system. The number of credits required for eligibility depends on the individual's age at the onset of the disability, further ensuring fairness.

In addition to work credits, there are specific earnings requirements to qualify for SSDI. Individuals must have earned enough money through work covered by Social Security to be considered "insured" and eligible for benefits. The SSA uses a formula to determine eligibility based on the individual's work history and age.

Dependents & SSDI Benefits

SSDI benefits are available to disabled workers and can extend to their dependents, providing crucial financial support for families affected by disability. This provision ensures that the needs of the worker’s family are considered, allowing them to maintain a level of financial stability during challenging times.

Eligible dependents for SSDI benefits may include:

• Spouses: The spouse of the disabled worker can receive benefits if they are over the age of 62 or caring for the worker’s child who is under the age of 16 or disabled.
• Children: Biological children, adopted children, and stepchildren of the disabled worker may qualify for benefits if they are under the age of 18, or up to age 19 if they are still in high school. Additionally, children who were disabled before the age of 22 may also be eligible for benefits, regardless of age.

Before individuals can begin receiving Social Security Disability Income (SSDI) benefits, they must undergo a mandatory waiting period, commonly referred to as the “five-month waiting period”. This waiting period is crucial to the SSDI process.

• Start Date: The five-month waiting period begins on the established onset date of the disability, which is the date the SSA determines the individual became unable to work due to their medical condition.
• Purpose: The primary aim of this waiting period is to ensure that SSDI benefits are allocated to individuals experiencing long-term disabilities rather than those with short-term or temporary conditions. This approach helps to prioritize assistance for those who genuinely require ongoing financial support due to a debilitating disability.

Implications of the Waiting Period

• No Benefits During Waiting Period: During these initial five months, individuals will not receive SSDI benefits, which may pose a financial challenge for some applicants. Individuals must prepare for this period and consider other financial resources if necessary.
• Long-Term Disability Focus: By enforcing this waiting period, the SSA reinforces the program's focus on serious, long-lasting disabilities that significantly impair an individual's ability to work. This policy helps manage the program's resources effectively and ensures that benefits are reserved for those needing sustained assistance.

Understanding the five-month waiting period is essential for SSDI applicants. While it may require some financial planning, recognizing that this period is designed to prioritize long-term disability cases can help individuals prepare for the waiting period and navigate the SSDI process more effectively.

Continuing Disability Reviews

The Social Security Administration (SSA) periodically conducts Continuing Disability Reviews (CDRs) to ensure that SSDI recipients continue to meet the disability criteria.

• Purpose of CDRs: CDRs assess whether the individual’s medical condition has improved enough for them to return to work. The SSA determines whether the recipient still qualifies for SSDI benefits based on their ability to engage in substantial gainful activity.
• Review Frequency: The timing of CDRs varies:
  • Individuals with conditions expected to improve may be reviewed every 6 to 18 months.
  • Those with long-term disabilities might face reviews every three years or longer.
• Potential Outcomes: After a CDR, possible outcomes include:
  • Continued Eligibility: If the recipient still qualifies, benefits continue.
  • Improved Condition: If the condition has improved, benefits may be terminated.
  • Request for Additional Information: The SSA might request more medical documentation before deciding.

CDRs are crucial for maintaining the integrity of the SSDI program. They ensure that benefits are directed to individuals who cannot work due to disabilities while allowing for reassessment of those whose conditions may have changed. Recipients should know the CDR process and maintain proper medical documentation to prepare for potential reviews.

Why Choose Our Fayetteville SSDI Lawyers?

The SSDI application process involves extensive paperwork and documentation. Our Fayetteville SSDI lawyers provide hands-on assistance in preparing a comprehensive and accurate application. We strive to present your case in the best possible light, ensuring that the Social Security Administration has all the necessary information to make an informed decision regarding your eligibility for benefits.

If your initial SSDI application is denied, don't lose hope. Our team is experienced in handling SSDI appeals. We meticulously review the reasons for the denial, gather additional evidence if necessary, and construct a strong case to present during the appeals process. We understand the intricacies of the appeals process and are committed to pursuing a favorable outcome on your behalf, instilling confidence in you that we are doing everything possible to secure a positive result.

If your case proceeds to a hearing before an administrative law judge, our attorneys provide vigorous representation. We advocate for your rights, presenting a compelling case that highlights the severity of your disability and its impact on your ability to work. We aim to secure a favorable outcome during the hearing and ensure you receive the benefits you deserve.

Contact Lanier Law Group, P.A. today at (910) 370-8379 to schedule a meeting with our SSDI lawyers in Fayetteville!