Jacksonville SSDI Lawyer
Suffering a significant injury is likely to cause most people to fear for their well-being, worry about their ability to support themselves and their family, and consider their access to medical treatment for the injury.
Social Security Disability Income, or SSDI, is a federal program that is administered through the Social Security Administration (SSA) and is funded through taxes. It provides financial assistance to people under the age of 65 that are disabled, temporarily or permanently.
Navigating the application and obtaining SSDI benefits is not a simple process, though. It requires that the applicant be knowledgeable about the eligibility requirements, comply with deadlines, and understand their legal rights. Make sure to retain the services of an experienced Jacksonville Social Security Disability Income lawyer to assist you with this process. A compassionate Jacksonville lawyer can help protect your rights.
When applying for SSDI, an applicant should determine whether they meet the necessary eligibility requirements. The first requirement is that an applicant meets the Social Security Administration’s definition of disabled. A disabled applicant is unable to perform the work that they once performed, the SSA must find that the condition or injury debilitates the applicant from adjusting to other work, and the condition must be expected to continue for at least one year, or result in death.
Meeting the SSA definition of disabled does not immediately result in SSDI eligibility; it simply means that the applicant has overcome the first obstacle of SSDI eligibility. In addition to being disabled, there are income restrictions for SSDI eligibility.
An applicant is unlikely to be considered disabled if they worked in the prior calendar year or had income that exceeded an established monthly average during the prior calendar year.
Moreover, the SSA has a list of medical conditions that are deemed disabling conditions. Applicants that suffer from one of those disabilities are often approved more quickly.
Conditions that are not included on the list may still constitute a disability, but it does require the applicant to prove that the condition results in the same limitations as the medical conditions included on the list.
Social Security Administration Appeals Process
When an application for SSDI is denied, the first denial is not the final decision. The applicant has appeal rights and if reversed, the applicant could become eligible for SSDI, effective the date of the appealed application. Although it is not a quick process, it is worthwhile. The first step of the appeal process is the request for reconsideration, which is formal request for a second review of the application. The applicant can provide any outstanding or additional information that they believe necessary. If the second review is not favorable, the applicant has the right to a hearing with an administrative law judge.
During the hearing, the applicant has the opportunity to tell a judge why the denial is incorrect. The SSA’s attorney will attempt to establish that the denial is correct. Following the hearing, the administrative law judge will make a decision based on the information presented. If the application remains denied, the applicant has an additional internal appeal right.
The final internal appeal may result in the case be remanded for a new hearing, resolved, or the application can remain denied. If the application remains denied, any subsequent appeals would have to be filed in federal court.
Talk to a Jacksonville SSDI Attorney Today
If you believe that you are eligible for SSDI, do not go through the process alone. Contact a Jacksonville Social Security Disability Income lawyer for assistance.