Social Security Disability
Louisiana Social Security Disability Lawyers
You work hard to earn money to support your family. But when you’re injured or become disabled and can’t bring a paycheck home, you need help. Fortunately, Social Security Disability (SSD) benefits are designed to aid workers who can’t return to their jobs due to severe medical conditions that are expected to last at least one year or result in death.
However, SSD claims can be difficult to obtain on your own. It helps to have a Social Security Disability attorney in your corner with the knowledge and experience necessary to help get your SSD claim approved.
The Louisiana Social Security Disability attorneys at Dudley DeBosier are here for you. Not only do we know how hard it can be to get approved for benefits on your own, but we also know what it takes to maximize your chances of approval. If you need help, speak with a Baton Rouge, Shreveport, Lafayette, Houma, Denham Springs, or New Orleans disability lawyer at Dudley DeBosier today. Call us today at (866) 897-8495 or complete our free consultation form now to get started.
Are You Eligible for an SSD Claim?
When you apply for SSD benefits, there are five questions the Social Security Administration (SSA) will consider to determine if you qualify:
- Are you working?
If you are working, your earnings average must not exceed the monthly limit.
- Is your condition severe?
You will only be considered disabled if the SSA finds that your condition interferes with your basic work-related activities.
- Is your condition disabling or on the Social Security list of impairments?
The SSA maintains a comprehensive list of impairments that are disabling. Your condition must be on the list or considered as severe as the conditions on the list.
- Can you do the work you did before?
Even if you can’t return to your current job, the SSA will consider if you can do a job you have worked previously.
- Can you do any other work?
The SSA will evaluate your condition, age, skills, education, and past work experience to determine if you can adjust to other work.
Should you meet the SSA’s requirements for these five questions, you may be considered eligible for SSD. Benefits could be available to you and maybe even your children. But to get benefits, you must apply for them and be approved.
The Louisiana Social Security Disability lawyers at Dudley DeBosier want to help you through this often overwhelming and confusing process. Whether you’ve been denied or need help applying for SSD benefits, our attorneys want to help. We serve clients in Baton Rouge, New Orleans, Shreveport, and throughout Louisiana. Contact us today for a free case review.
How to Apply for Social Security Disability Benefits in Louisiana
Disabled individuals should apply for Social Security Disability benefits as soon as they become impaired and cannot work. You can apply for SSD benefits by calling the Social Security Administration (SSA) at 1-800-772-1213, by visiting your local SSA office, or by going to the SSA’s official website.
The SSA will then assign you a claims representative who will answer your questions about the application process. They will also handle the required paperwork to send your claim to Disability Determination Services (DDS), which will make an initial determination as to whether you are considered disabled under the SSA’s requirements. Finally, the claims representative will determine the disability programs for which you may be eligible, as well as the amount of benefits you could receive based on your work history.
In many cases, however, SSD claims are denied. That doesn’t mean you should give up! Call a Louisiana SSD attorney at Dudley DeBosier for assistance with appealing your denied Social Security claim — just dial (866) 897-8495.
Appealing a Denied Social Security Claim
If your claim was denied or you did not receive proper compensation, our Social Security Disability lawyers are ready to help you file an appeal. You must file an appeal within 60 days of receiving your decision letter.
When claims are not approved, you will receive a notice of denial including details of appeal rights and a deadline for filing the disability appeal.
Request for a hearing should be done as soon as the applicant receives the denial notice to avoid unnecessary delays. At the hearing level, the criteria are the same. However, chances of qualifying are significantly higher since interaction between the applicant, representative, and the judge is allowed.
Types of Social Security Disability Benefits
Disability Insurance Benefits (SSD or SSDI)
This is the most common benefit provided by the SSA. This type of benefit is paid to people who:
- Have earned enough Social Security credits
- Are unable to work because of a disability that has lasted or will last for at least 12 months or death
Disabled Adult Child Benefits (DAC)
These types of benefits are for those who meet the following requirements:
- Over the age of 18
- Not married
- Have a disability that began before you were 22
- One of your parents receives Social Security benefits or is deceased but at the time of death was insured for Social Security benefits
Disabled Widow or Widower (DWB)
Under this category, the following is required of the applicant:
- Proof of the worker’s death
- Birth certificate or other proof of birth
- Proof of U.S. citizenship or lawful alien status if you were not born in the United States
- U.S. military discharge paper(s) if you had military service before 1968
- For disability benefits, the two forms that describe your medical condition and authorize disclosure of information to us
- W-2 forms(s) and/or self-employment tax returns for last year
- Final divorce decree, if applying as a surviving divorced spouse
- Marriage certificate
Social Security Disability Work Credit Requirements
To be eligible for SSDI, you are required to have earned a set level of credits depending on your taxable work.
If you are 31 years old or older, you are required to have worked for at least five of the past 10 years to qualify for the recent work test. This means you are required to have earned 20 credits in the last 10 years before you became disabled.
However, if you are 24 to 30 years old, you are required to have worked a minimum of half the time since you turned 21. For 24 years old and younger, you are required to have worked no less than one and a half years during the three-year duration before you became disabled or have received six credits.
Benefits for Disabled Children
There must be functional limitations that hinder any disabled child from participating in daily activities like other children. Children who file for disability go through a disability process. They or their parents must file an application for disability based on a severe medical condition.
Their academic records are reviewed, as well as third-party functional questionnaires to ascertain the level of functioning and the severity of the child’s limitations.
Do you need a Louisiana SSD lawyer to help with your initial claims or to file an appeal of denied claims? Dudley DeBosier practices Social Security Disability law throughout Louisiana from our main office in Baton Rouge and our additional offices in New Orleans and Shreveport.