If you have a documented disability in Greenville, you may qualify for benefits under federal and South Carolina state law. The Social Security Disability Insurance Program is available to disabled individuals who have worked for a certain number of years. However, collecting these benefits can be confusing. Having a Greenville Social Security Disability lawyer to protect your rights may encourage the Social Security Administration to take your claim more seriously. First, it’s helpful to know who qualifies for Social Security Disability Insurance and how to collect your benefits.
To be eligible for SSDO, you must have a qualifying disability and have enough “work credits” with the Social Security Administration. The number of credits will depend on your age and the year in which you incurred your disability. Generally, you must have worked a portion of five of the last ten years before the event leading to your disability.
Collecting SSDI requires a complex application process. Once approved, your benefits will include monthly cash payments, depending on your previous personal earnings. The average benefit ranges from $1,000 to $1,200 a month, according to the Social Security Administration. Your benefit amount is commensurate with your amount of paid FICA tax – for this reason, higher earners will receive a higher benefit amount.
After collecting SSDI payments for 24 months, you will become eligible for Medicare benefits, no matter your age. If you meet certain income requirements, you may be able to enroll in Medicaid benefits – income requirements range from 135% to 300% of the federal poverty level, depending on the program.
The most crucial part of successfully claiming benefits under SSDI is proving you have a qualifying disability – in other words, showing that you have a mental or physical condition that prevents you from participating in gainful employment and that this condition will either (1) last one year or (2) lead to death.
This is a subjective assessment that often leaves a lot of room for interpretation. For example, you doctor may have told you not to work, or you might feel too unwell to report to your job each day. This does not necessarily mean, however, that the SSA will agree with your assessment.
The SSA will evaluate the extent of your disability by relying on their own medical experts and claims examiners. These professionals use a checklist to evaluate your functional capacity and make a determination on whether you’re disabled.
At HawkLaw, we know it can be frustrating to live every day in pain or discomfort, only to face a claim denial from the Social Security Administration. If you paid your FICA taxes and now have a disability that affects your ability to function, you should be entitled to your benefits. Fortunately, it’s possible to win a claim denial with an appeal. Appealing an SSDI claim denial requires a legal advocate who is committed to protecting your best interests. For more information regarding our Social Security Disability benefit and claim appeal services, please contact our Social Security Disability lawyers in Greenville today! (864) 312-9999
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