While there are countless people working in New Orleans at any given time, there’s a large number of residents who can’t work as a result of physical injuries or disabilities. Suppose you’re such a person; there’s a way to sustain yourself. Social Security Disability (SSD) is to help workers who can’t go back to their jobs because of severe medical conditions and disabling injuries that could last longer than a year or result in death.
Even so, filing an SSD claim on your own is easier said than done. Having the representation of a New Orleans disability law firm with experienced attorneys can help get your claim approved.
The New Orleans Social Security Disability lawyers at Dudley DeBosier can provide the help you need with your claim. We have what it takes to increase the chances of your claim getting approved. Contact us today by completing our free consultation form to get started.
What Is Social Security Disability Insurance (SSDI)?
SSDI (also known as SSD) provides disability benefits to you and specific members of your family, provided you have worked long enough and recently suffered a medical condition that renders you unable to work for at least one year or is expected to result in your death.
Who Is Eligible for a Disability Claim?
When you apply for a disability claim, there are five factors the Social Security Administration (SSA) will look at to determine whether you are eligible:
- Your work status: If you’re working, your earning average shouldn’t exceed the monthly limit set by SSA.
- The severity of the condition: SSA will deem you disabled if the condition prevents you from undertaking basic activities related to your work.
- Your ability to do the work you did before the disability: Even if you’re unable to return to your current job, SSA will assess your ability to do a job you worked previously.
- Whether the condition is disabling or listed as an impairment by the Social Security Administration: SSA maintains an extensive list of conditions that are deemed to be disabling. Your condition should be on that list or be severe.
- Your ability to do any other work: SSA will assess your condition, age, education, skills, and experience to determine your ability to adjust to other work.
Meeting these conditions makes you eligible for the disability claim. The benefits may be available to you or certain family members. But to receive them, you first need to file a claim and get it approved.
The New Orleans disability law firm, Dudley DeBosier, can assist you through the often overwhelming process of applying and getting a disability claim approved. Contact us today for a free case review.
Types of Social Security Disability Benefits
Disability Insurance Benefits (SSD/SSDI)
This type of disability benefit is paid to individuals who:
- Can’t work due to a disability that will last or has lasted at least one year or will end in death
- Have earned enough Social Security credits
Disabled Widow or Widower Benefits (DWB)
An applicant under this category should have the following requisites:
- Death certificate
- Birth certificate
- Proof that you are a U.S citizen, or that you are a legal alien if you weren’t born in the U.S.
- Marriage certificate
- Final divorce decree, in case you’re applying as a surviving divorced spouse
- W-2 forms and/or self-employment returns for the last year
- U.S. military discharge documents if you had military service before 1968
In the case of disability benefits, you should include the two forms that describe your medical status and permit the disclosure of information to SSA.
Disabled Adult Child Benefits (DAC)
You may receive this benefit if you meet the following conditions:
- Aged 18 and above
- Not married
- Have a disability that came about before turning 22
- Either one or both of your parents get Social Security benefits, or passed on and at the time of their passing had Social Security disability insurance benefits.
How to Apply for SSDI in New Orleans
Since the federal government runs the SSA, applying for SSDI is basically the same in every state. You can either apply for this benefit in-person, by phone, or online. Before applying for SSDI, you should gather all the documents and information needed for the application.
New Orleans disability law firm, Dudley DeBosier, can help you gather all the information needed to claim the disability benefits. We can also review your application to ensure it meets the basic requirements for disability benefits.
What Should You Do If Your SSDI Claim Is Denied?
In case your SSDI claim is denied, SSA will inform you why it rejected the application. Even so, they won’t give you specifics about why it rejected the application. While you are allowed to appeal a denial, the chances are you’ll be rejected repeatedly if you don’t take the proper measures.
Here are some steps to take if your SSA denies the application:
Review the Council’s Decision
Review the reason why the administrative law judges denied your application. Was it due to a lack of medical evidence, or were your documents not in order? In most cases, SSA will show leniency and won’t deny your application outright. If they do, the chances are that you didn’t cooperate with their request for additional medical documentation.
Understandably, determining how much medical evidence is sufficient can be challenging. A Social Security disability lawyer can help you figure out where things went wrong.
Double-Check Your Eligibility
Most people with disabilities are unaware of the requisites needed for an SSDI application. Some send in the application soon after they get incapacitated. The recommended time for an SSDI application is after one year or more, with the exception of blind people. If you are partially disabled or your incapacitation requires only four months of medical treatment, for example, there is a high likelihood that SSA won’t approve the SSDI application.
Seek the Services of a New Orleans Disability Law Firm
If you submitted an SSDI application entirely on your own, and the Social Security Administration rejected it, then it may be time to bring in a lawyer. An attorney will help you gather all the requisite documents and review your application to help increase the chances of overturning the initial denial and getting the application approved.
When Should You Hire a New Orleans Law Firm?
While in most cases, applicants bring in lawyers after SSA denied the claim and they need to overturn the initial decision, it is best to hire an attorney on your first try to increase your approval chances. An experienced attorney can ensure that your application is in order so that it gets approved the first time around.
How Can Dudley Debosier Help With My Disability Case?
What differentiates us from other New Orleans disability law firms is simple: We care about our clients. Here at Dudley DeBosier, we have a team of experienced disability attorneys who work tirelessly to ensure that our clients who are already suffering from a debilitating condition don’t suffer the blow of a rejected benefits application. Although we cannot guarantee results, we will put in all the work to help get your application approved. To get started, complete our free consultation form today.
Reviewed by Chad Lederman at the New Orleans Dudley DeBosier office. You can reach Dudley DeBosier by calling 866-490-8994.
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