Henderson Social Security Disability

Unsurprisingly, it is not uncommon for people who suffer from an injury, regardless of the cause, to be incapable of working as a result of that injury. As such, anyone who may suffer from an injury that leaves the person with a type of disability may qualify for Social Security disability benefits. Social Security disability benefits differ from Social Security retirement, allowing you to receive monthly income checks from the Social Security Administration (SSA).

Unfortunately, for some, claiming disability benefits can be intimidating and confusing. This is why it is beneficial to contact an experienced Social Security disability lawyer to help ensure you receive the proper guidance and support through this important process.

What is Social Security disability insurance?

Social Security disability insurance, or SSDI, is a benefits program that pays you and, sometimes, family members if you meet the qualifications. For example, you must have worked for a specified period and earned sufficient work credits through the SSA.

In addition, your injury must result in a disability that prevents you from working for at least a year or longer or will eventually result in your death. SSDI benefits can also be available to surviving family members if you die from your injuries.

What are the different types of Social Security disability benefits?

The Social Security Administration offers two types of Social Security disability benefits: SSDI and supplemental security income (SSI). Each type of benefit helps people who are injured, have become disabled, and can no longer work yet do not meet the minimum age required to start collecting Social Security retirement benefits as required by the law. These benefits are designed to relieve people from the stressors of both poverty and being disabled. 

It’s important to understand that the eligibility requirements between SSDI and SSI do vary. As discussed earlier, to qualify for SSDI, you must have earned the required work credits and meet minimum work periods. SSI requirements, however, are based on need and do not require you to complete minimum work periods or credits to receive any benefits.

To qualify for these benefits, you cannot have an income or own anything valued more than $2,000 if single or $3,000 if married. Fortunately, the value of your home does not count, nor does the value of your vehicle in most cases.

What are the different types of benefits programs available with SSDI and SSI?

SSA offers several different types of benefits programs for either SSDI or SSI. These benefits programs include: 

• DIWW (disabled insured widows/widowers): DIWW is based on age, marital status, and the disability of the deceased. The widow or widower must claim benefits within a limited time period.
• SSDI DAC (disabled adult child): SSDI is available for adult children who are unmarried and are injured and become disabled before they turn 22.
• SSI for children: This program provides monthly payments to assist with caring for children with mental or physical disabilities when the parent or parents have limited financial resources.
• DIWC (disabled insured worker’s claim): DIWC is another type of SSDI that uses your work credits to determine eligibility.

What do you need to be eligible for SSDI?

To be eligible to even apply for SSDI, you will need medical records and documentation supporting your injury and long-term disability. Further, you must also earn enough work credits and minimum work requirements. This means, for example, if you are age 31 or older, you will have had to work at least five years in the past ten years before you were injured and disabled.

What are common disability injuries?

There are many types of qualifying injuries accepted by the SSA to apply for Social Security disability, with some of the most common injuries being: 

• Chronic diseases and congenital disorders, including respiratory problems, immunocompromised conditions, pain conditions, cancer, leukemia, and lymphoma
• Loss of motor control and coordination
• Loss of limbs and amputation
• Extensive burn injuries
• Back problems, such as vertebral fractures and degenerative disc disease
• Loss of any of the senses, like hearing, vision, and speech
• Mental health conditions like PTSD, schizophrenia, anxiety, and depression
• Catastrophic brain injuries, neurological disorders, and brain damage
• Broken bones that will take over a year to fully heal

There may be other injuries and disabilities that qualify for Social Security disability payments. As such, it is recommended that you speak with one of our experienced Social Security disability lawyers.

What can I do if my SSDI claim is denied?

Approximately 66% of all initial SSDI claims are denied, as reported by AARP. Fortunately, for anyone facing a denial, you may be able to file an appeal on your claim. It’s been indicated that the majority of claims that obtained this initial rejection were due to the incomplete form or the failure to provide the appropriate documents. 

If you are tasked with appealing your claim, be sure to speak with a qualified lawyer for Social Security disability to help break down the process. If you fail to adequately appeal the claim, it is likely that you will be further barred from receiving any benefits you may need. Some things to keep in mind include addressing any issues or reasons behind why the claim may have initially been denied. 

In addition to addressing the proper information, it’s also essential to be aware of any deadlines you may need to meet to properly file, as failure to meet specific deadlines may require you to start from scratch regarding filing your appeal. Given the long and extensive process, it is in your best interest to be mindful of all these factors to ensure you receive your disability benefits as soon as possible. The longer you wait to receive help, the more difficult things may be regarding navigating daily life and maintaining your health.

What is the difference between SSDI and workman’s comp?

Workman’s comp, also known as workers’ compensation, is a type of insurance that an employer must carry in the event an employee is injured while on the job. This type of insurance provides benefits for medical care, supplemental income, and rehabilitation services until the injured workers meet a required recovery threshold where they are fully healed and can return to work or have reached maximum medical improvement.

SSDI, on the other hand, is a benefits program that is made available by the Social Security Administration that provides an income and other benefits for anyone incapable of returning to work on the basis that they have suffered a permanent disability or satisfy another qualification that permits them to collect this benefit. 

How long do SSDI benefits last?

As long as your disability keeps you out of work, you will be eligible to receive SSDI benefits. Certain circumstances, such as part-time employment, may allow you to continue receiving SSDI if you can demonstrate that you would be working full-time had it not been for you still suffering from the disability. In these situations, your income from SSDI will be the difference between your full benefits and your part-time employment earnings.

It’s important to understand that these benefits are not intended to be permanent. The Social Security Administration understands that many disabilities can be treated, allowing the individual to return to work. As a result, the SSA diligently reviews claims and ensures that you will only receive benefits as long as you continue to qualify from a medical standpoint. If the SSA deems you no longer eligible to receive these benefits, you may have the option to appeal this decision. This is another situation in which it is very beneficial to have an experienced Social Security disability attorney by your side. 

Should I get a lawyer for Social Security disability?

Given the complexities of handling a Social Security disability claim and ensuring you receive the proper compensation you are owed, it’s not surprising that hiring an attorney is common practice for people looking to guarantee their income is correct. If you want to be sure you have properly applied for disabilities or properly filed your claims appeal, an experienced attorney from Adam S. Kutner, Injury Attorneys, will be eager to guide you through this process. 

Whether you have basic questions about the process or are looking to argue against a decision made by the Social Security Administration, our attorneys at Adam S. Kutner are confident we can help you resolve the problem. In addition to guiding you through the benefits process, an attorney familiar with Social Security disability can also assist if your benefits have been wrongfully terminated. 

How much does a Social Security disability lawyer cost?

There are many factors to consider when determining attorney fees for various services and cases. Most attorneys operate using a fee schedule or a sliding scale. If you are seeking assistance from a Social Security disability lawyer, be sure to inquire about our costs during your initial free legal consultation, as we will be happy to go over these details with you. 

How to win a Social Security disability case

The easiest way to win a Social Security disability case is with assistance from Adam S. Kutner, Injury Attorneys, and our experienced Henderson personal injury lawyers. Many personal injury cases involve injuries that result in disabilities or other qualifying SSDI conditions. Likewise, our Henderson car accident attorneys are also well-versed on Social Security disability, given the common connection between car accident injuries and requiring Social Security benefits as a result. 

Our Social Security disability lawyers are eager to help you apply for Social Security benefits as part of your personal injury claim. Whether you seek a Henderson workman’s comp claim, have suffered a car accident, or simply require Social Security without being involved in a personal injury case, we are here to assist you with all your Social Security disability needs.