Whether it is your first time applying or you just received a denial, the Social Security Disability (SSD) claims process can be frustrating and complicated. In addition, dealing with a mental or physical impairment on top of navigating this system can make things even more overwhelming.
Allow a Smyrna Social Security disability attorney with Bader Scott Injury Lawyers to handle all the tasks associated with filing an application or appeal for you instead. In your pursuit of benefits, they can help you determine which SSD program you qualify for, obtain evidence, and represent you throughout legal proceedings. These services will be available to you at no upfront cost.
Knowing the Differences Between the Two SSD Programs
Social Security disability covers two programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Which one you qualify for will be based on your disability status, ability to work, and other factors. However, there are instances in which you may be able to collect benefits from both programs.
- SSDI: This system is based on work credits, and you can earn up to four credits per year. For 2022, the Social Security Administration (SSA) states that non-blind persons can receive up to $1,350 a month. You must have a qualifying disability.
- SSI: This benefits program is geared towards individuals over 65 who have limited resources and income. Starting in 2022, the monthly maximum payment is $841 for a single person, per the SSA. You must prove you have a qualifying disability, but the program is needs-based and does not rely on work credits.
If you have any questions about these programs, a lawyer from our firm can further explain the differences and qualifications.
Georgia SSD Programs
The SSA Atlanta Region serves 13 million Social Security beneficiaries in Smyrna and across Georgia, administering more than $14 billion every month. There are more than 240 SSA offices throughout the Atlanta region and 37 Office of Hearings Operations (OHO) offices.
For questions or to find the office most convenient for you, visit the Region’s website or call toll-free at 1-800-772-1213.
For a free legal consultation with a social security disability lawyer serving Smyrna, call (404) 888-8888
Diseases and Impairments that Qualify You for SSD Benefits
To obtain SSDI benefits, you must have a qualifying disability that the SSA recognizes. Per the Social Security Administration Blue Book, some of these impairments are:
- Musculoskeletal disorders: Soft tissue injury, pathologic fractures, non-healing fracture of an upper extremity or talocrural bones
- Special senses and speech: Loss of visual efficiency, loss of speech, loss of hearing with cochlear treatment
- Respiratory disorders: Asthma, cystic fibrosis, chronic pulmonary hypertension
- Cardiovascular disorders: Aortic aneurysm, chronic heart failure, chronic venous insufficiency
- Digestive system disorders: Gastrointestinal hemorrhaging, chronic liver disease, inflammatory bowel disease
- Genitourinary disorders: Chronic kidney disease
- Hematological disorders: Lymphoma, leukemia, bone marrow failure
- Skin disorders: Dermatitis, bullous disease, burns
- Endocrine disorders: Pituitary gland disorders, thyroid gland disorders, diabetes
- Neurological disorders: Cerebral palsy, traumatic brain injury, muscular dystrophy
- Mental disorders: Depression, schizophrenia, eating disorders
- Immune system disorders: HIV infection, autoimmune disorders, inflammatory arthritis
If your disability is not listed in the Blue Book, you may still be eligible for benefits.
Are There Fast-Track Conditions?
Sometimes, the SSA assumes that certain conditions are disabling regardless of your circumstances. Such conditions include:
- Organ transplants
- Amyotrophic Lateral Sclerosis (ALS); and
- Certain cancers, depending on the type and stage
Those suffering from fast-track cancers may also be eligible. For example, immediate Social Security disability benefits could be the difference between you living or dying if you have lung, bladder, breast, or thyroid cancer.
If you have a fast-track condition, the Smyrna Social Security disability attorneys at Bader Scott Injury Lawyers will help you pursue benefits by submitting your medical evidence.
Smyrna Social Security Disability Lawyer Near Me (404) 888-8888
How Our Social Security Disability Attorneys Can Help You with Your Claim
Our lawyers are no strangers to the SSD application process. They can work on all the tasks that come with it while you focus on getting treatment for your impairment or sickness.
You can rely on them to:
- Help you complete your application on time
- Gather and review relevant evidence
- Stay in touch with the SSA throughout the claims process
- Adhere to all deadlines imposed by the SSA
Our Lawyers Can Help You File an Appeal If Your Disability Claim is Denied
About half of initial disability claims are denied. Common reasons for denial include:
- Insufficient medical evidence
- Clerical errors on your application (including incorrect contact information)
- Your disability is not severe enough or will not last at least 12 months
- Your earned income puts you above what the SSA considers substantial gainful employment (SGA)
- You have not proven you have earned enough work credits
If you have already submitted your application and received a denial, a lawyer from our firm can help you file an appeal and represent you throughout the entire appeals process. It typically comprises:
- Reconsideration: An SSA representative (unrelated to the first submission) will review your claim. They have 60 days to respond.
- A hearing before the Administrative Law Judge (ALJ): If you disagree with the decision in the reconsideration stage, an ALJ can review your claim. This hearing can be done via video conference or in person.
- A review before the Appeals Court: The Appeals Council will decide your case or return it to the ALJ.
- A review before the Federal Court: You can file a civil suit with the federal district court if you disagree with the Appeals Court’s decision.
Understand that the appeals process can take months or years, with a waiting period of weeks or months between each stage. The best way to receive benefits quickly and avoid an appeal is to ensure you complete your application correctly the first time and submit it with the required evidence. Our disability attorneys can help you do this and hopefully achieve approval of your initial claim.
However, you can be awarded benefits at any stage in the appeals process. If an appeal is necessary, we will work to resolve it as quickly as possible. What about the benefits you did not get from submitting your appeal to when you received your first payment, though? Do not worry—you can receive back pay, which will make up for all the missed checks.
We Can Represent You During Your Hearing in Cobb County
If your appeal advances beyond reconsideration to an ALJ hearing, our Smyrna SSD attorneys can:
- Prepare you for the hearing by asking questions you may expect from the judge about your medical treatment, disability, and more.
- Enlist witnesses and experts who can testify on your behalf
- Question and cross-examine witnesses during the hearing
Going through a hearing can be stressful and intimidating. It can help to have a legal ally who can protect your rights and guide you through the process.
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How Long does It Take to Receive Disability Benefits?
Unless you have a fast-track condition, there is a mandatory five-month waiting period from when the SAA approves your application to when you receive your first SSDI benefits payment. However, you may qualify for back pay for income lost during the months between the start of your disability and your approval date.
The SSA awards payments beginning with the “established onset date” (EOD) of your disability. To find out if you will receive back pay, take the time between your EOD and application approval date and subtract the five-month waiting period. So, if your disability started on Jan. 1, 2021, and the SSA approved your application on Nov. 1, 2021, your formula would look like this:
10 (months between EOD and approval) – 5 (waiting period) = 5 months of back pay.
Keep in mind that the SSA usually limits back payments to 12 months.
Our Social Security Disability Lawyers Charge No Upfront Fees
Paying upfront or out-of-pocket legal fees should not concern you with SSD disability lawyers on your side. We work on a contingency-fee basis, meaning we take no payment from you unless and until our attorneys win benefits for you.
That way, there is less financial strain on you while you are trying to get treatment for your ailment.
Our Dedication and Drive Reflect in Our Clients’ Testimonials
At Bader Scott Injury Lawyers, we aim to secure a favorable outcome for all our clients while providing quality customer service. Our former clients have shared their experiences with us.
- “I quickly saw the quality of his [Seth Bader] work, his professionalism, the respect his peers, judges, and the courts had for him, and the trust his clients placed in him – all of these things allowed Mr. Bader to obtain superb results for his clients…” – Alli B.
- “Seth Bader and his team are highly knowledgeable and incredibly compassionate. Seth takes care of his clients and will not stop fighting until he gets the best outcome.” – Vivian W.
When you work with us, we promise:
- You will communicate with your case manager or lawyer the same day you call
- You will always receive our full attention when discussing your case
- We will answer your questions in a timely fashion and in a simple, straightforward manner
- You will receive a fair agreement outlining our services, representation, and fees
- You will get the final say when it comes to your case
Talk to Bader Scott Injury Lawyers About Your Social Security Disability Claim Today
Our social security disability lawyers serving Smyrna are ready to learn about how your disease or impairment has affected your life and how we can help you pursue the Social Security disability benefits you deserve. We are here to provide a compassionate ear, a fierce defender of your rights, and a legal team that will be with you through every step of your case.
Contact Bader Scott Injury Lawyers to receive a free consultation today.