Are You Disabled and Unable to Work?
If you suffer from a disabling disease or injury, and are unable to consistently sustain gainful employment, you may be eligible for Social Security disability benefits. The Texas Social Security disability lawyers of Bailey & Galyen can provide you with the legal assistance you need to fight for your Social Security disability benefits. Contact the firm for further information and assistance. We offer a free* initial consultation to get you started in your application process.
Have You Been Denied Social Security Disability Benefits?
If you have been denied Social Security disability benefits, don't despair. Help is available at Bailey & Galyen. Most Social Security disability claims are denied initially, and only succeed on appeal, with the assistance of an attorney. In addition to providing a free initial consultation, if we take your case, the legal fees are deferred until you receive your award.
Nationwide Social Security Disability Benefits Can Be Difficult to Obtain
Social Security disability benefits can be extremely difficult to obtain. Clients who have been fairly easily and quickly approved for workers' compensation are often shocked and dismayed when their Social Security disability claims are denied. The difference between the two programs has to do, at least in part, with the length of time that an individual is expected to receive benefits from the programs.
With a workers' compensation claim, the individual claimant expects to receive benefits for a short period of time. While it is fairly easy to get on the program, it is also easy to be removed from the program.
Conversely, while Social Security disability benefits are more difficult to obtain. There is an expectation that they will continue indefinitely. It is also more difficult to be removed from the program once approved.
Finally, Social Security disability claimants frequently lack the necessary documentation to establish their claims. Contact the Texas Social Security disability lawyers at Bailey & Galyen to learn more about how to successfully apply for Social Security disability benefits.
Social Security Disability Insurance (SSDI)
There are two forms of Social Security Disability Insurance administered through the United States Social Security Administration:
Social Security Disability Insurance, (SSDI) and Supplemental Security Income (SSI). SSDI is available to individuals who have worked and paid FICA taxes. Contact the Texas SSDI attorneys at Bailey & Galyen for answers to your questions about applying for SSDI benefits.
Eligible SSDI Disorders and Conditions
Social Security benefits, specifically Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), are available to individuals who have severe medical conditions that prevent them from working. The Social Security Administration (SSA) maintains a specific list of impairments, which outlines medical conditions that may automatically qualify someone for disability benefits if certain criteria are met. Here are some examples of health conditions that may qualify for Social Security benefits: It is possible to have more than one condition and combine to meet disability criteria.
Musculoskeletal System Disorders
- Back disorders (e.g., herniated disc, spinal stenosis)
- Joint disorders (e.g., arthritis, degenerative joint disease)
- Amputation
Cardiovascular Conditions
- Heart failure
- Coronary artery disease
- Chronic heart conditions
Respiratory System Disorders
- Chronic obstructive pulmonary disease (COPD)
- Asthma
- Cystic fibrosis
Neurological Disorders
- Epilepsy
- Multiple sclerosis (MS)
- Parkinson’s disease
Mental Disorders
- Schizophrenia
- Bipolar disorder
- Depression
Immune System Disorders
- HIV/AIDS
- Rheumatoid arthritis
- Systemic lupus erythematosus (SLE)
Digestive System Disorders
- Inflammatory bowel disease (IBD)
- Liver disease
- Chronic liver disease
Endocrine Disorders
- Diabetes mellitus
- Thyroid disorders
Cancer
- Breast cancer
- Lung cancer
- Prostate cancer
Senses and Speech Disorders
- Vision loss
- Hearing loss
- Speech disorders
Skin Disorders
- Dermatitis
- Psoriasis
- Burns
Hematological Disorders
- Chronic anemia
- Sickle cell disease
- Hemophilia
Other Conditions
- Chronic fatigue syndrome
- Fibromyalgia
- Chronic pain disorders
Criteria for Qualification
To qualify for Social Security benefits due to a medical condition, the condition must meet specific criteria outlined in the SSA’s Blue Book. These criteria typically include:
- Severity: The condition must be severe enough to significantly limit your ability to perform basic work activities.
- Duration: The condition must be expected to last for at least 12 months or result in death.
- Medical Evidence: You must provide medical evidence (e.g., doctor’s reports, test results, treatment records) to support your claim.
Private long-term disability (LTD) insurance and Social Security Disability Insurance (SSDI) can interact in various ways, and it's important to understand how benefits from one can affect the other. Here's an overview:
1. Separate Determinations
- Different Criteria: Private LTD insurance policies and SSDI have different criteria for determining disability. Private insurers use the definition of disability outlined in their policy, which can vary significantly between policies. SSDI, on the other hand, uses a standard definition of disability: the inability to engage in any substantial gainful activity (SGA) due to a medically determinable physical or mental impairment.
- Independent Decisions: Approval for private LTD benefits does not guarantee SSDI approval, and vice versa. Each entity makes its own determination based on its own criteria and evaluation process.
2. Offsets and Reductions
- LTD Insurance Offset: Many private LTD policies include provisions that allow the insurer to reduce the benefits they pay if you receive SSDI benefits. This is known as an "offset." For example, if your LTD policy provides $2,000 per month and you are awarded $1,000 per month in SSDI benefits, the insurer may reduce their payment to $1,000 per month.
- Requirement to Apply for SSDI: Some private LTD insurance policies require claimants to apply for SSDI benefits and will assist with the application process. This is because SSDI benefits can offset the amount the insurance company has to pay, ultimately reducing their financial obligation.
- In some cases this can create a conflict of interest between you and your insurance company regarding your social security benefits. It is important that individuals seek outside legal advice to ensure that both SSDI and LTD benefits are being maximized and properly coordinated. The Law Offices of Bailey and Galyen can help ensure you're not losing out on benefits or facing unnecessary penalties for overpayment.
3. Retroactive SSDI Awards
- Reimbursement: If you are awarded SSDI benefits retroactively (covering past months or years while your claim was pending), your private LTD insurer may require reimbursement for the overpayment, as they may have paid you more than what you were entitled to receive after considering the SSDI benefits.
For those navigating both private LTD and SSDI, it is important to discuss the matter with the qualified professionals at the Law Offices of Bailey and Galyen in order to fully understand the terms of your LTD policy, the implications of SSDI benefits, and the potential impact on overall financial planning.
Consultation with a Social Security Attorney
Navigating the application process for Social Security benefits can be complex. Consulting with a Social Security attorney at the Law Offices of Bailey and Galyen can help ensure that you have a strong case and increase your chances of approval. We can assist with gathering necessary medical evidence, completing paperwork accurately, and representing you in appeals if your claim is denied.
For the most accurate and personalized guidance, it's recommended to contact the disability professionals at Bailey and Galyen as soon as possible so that we may can evaluate your specific situation and advise you accordingly based on your medical condition and its impact on your ability to work.
Frequently Asked Questions
What is Social Security Disability Insurance (SSDI)?
SSDI is a federal insurance program that provides income support to individuals who are unable to work due to a disability.
Who is eligible for SSDI benefits?
To qualify for SSDI, you must:
- Have worked in jobs covered by Social Security.
- Have a medical condition that meets the Social Security Administration’s definition of disability.
What is Supplemental Security Income (SSI)?
SSI is a federal income supplement program funded by general tax revenues (not Social Security taxes). It provides cash assistance to individuals with disabilities who have limited income and resources, especially those without an extensive work history.
Who is eligible for SSI benefits?
SSI benefits are available to:
- Disabled adults and children with limited income and resources.
- Individuals who meet the Social Security Administration’s definition of disability.
How do I apply for SSDI or SSI benefits?
You can apply:
- Online.
- By phone.
- In person at your local Social Security office.
Our firm can assist you with the application process to ensure it is completed accurately and on time.
What should I do if my SSDI or SSI claim is denied?
If your claim is denied, you have the right to appeal. Our experienced attorneys and staff can help you navigate the appeals process to improve your chances of a successful outcome.
Why should I hire a Social Security attorney?
Hiring an attorney significantly increases your chances of receiving benefits. Attorneys:
- Understand the complexities of Social Security law.
- Can gather necessary evidence.
- Advocate for you throughout the process.
- Review submitted documents for accuracy, timeliness and completion
How much does it cost to hire a Social Security attorney?
Our firm operates on a contingency fee basis, meaning:
- We only get paid if you win your case and receive benefits.
- There are no upfront costs to you.
What are the stages of the appeals process?
The appeals process includes:
- Initial Level.
- Reconsideration.
- Hearing before an Administrative Law Judge.
- Review by the Appeals Council.
- Federal Court Review.
How long does the appeals process take?
Timelines vary but typically range from several months to over a year. Our attorneys work diligently to expedite your case.
How can I schedule a consultation with your firm?
You can schedule a consultation by:
- Calling our office.
- Filling out the contact form on our website.
We offer free initial consultations to discuss your case and answer any questions you may have.
Supplement Security Income (SSI)
The Supplemental Security Income (SSI) program is primarily for people who lack significant resources to provide for their support. Not surprisingly, many people who are ill and unable to work fall into the SSI category because they are unable to work due to illness or injury.
If you have questions about the application process, or if your claim for SSI benefits has been denied, contact the attorneys at Bailey & Galyen by calling 844-402-3900 for further information and assistance.