Social Security Disability Law
We are fortunate to live in a society where a significant social net exists to catch well intentioned people who fall down on their luck. One important part of the social safety net is the Social Security Disability Insurance Program. Known as SSDI, this program is designed to help people who are hurt, injured, or otherwise disabled and cannot work because of it.
If granted by the government after application, SSDI benefits go a long way to helping those in need. But how much does a successful applicant receive in benefits? The answer to that question depends on a number of factors. As an example, the number of years worked and how much money was made. The average amount of benefits is from $700 to $1,700.
While SSDI exists to help those in need, often times those seeking its benefits get denied for one reason or another. In fact, since the late 1990s we have seen a trend where more and more applicants are denied the benefits. For example, in 1999 fifty-six percent of those who applied for SSDI were awarded benefits. Compare that to 2010 when only slightly more than thirty-four percent of those who applied were granted benefits.
So why would a person get denied? There are a number of people who apply who just do not meet the minimum qualifications and are not granted a benefit. But there are also a great number of people who are wrongly denied benefits, and then have to fight for them through the process.
The Social Security Administration will deny SSDI benefits for one of two general reasons. A person can be denied for a technical reason, meaning something is wrong with the application and how it was submitted. Or, a person can be denied because the administrator reviewing the application feels like the person is not medically qualified for benefits. This means the administrator does not feel like the applicant is injured enough.
In either case, the initial denial does not have to mean that the application is now over and done. In both cases, the applicant can appeal the decision and either correct a technical mistake, or appeal and show that the applicant is medically qualified for SSDI benefits. But such an appeal, in either case, can be very difficult to understand without the right help.
Appealing a Denial
This area is where applicant really have a difficult time going it alone. The best bet in appealing a denial for SSDI benefits in Birmingham is by getting the right attorney to take over the appeal. Unlike typical legal situations, the appeal of SSDI denials goes in front of an Administrative Law Judge. These judges are not always lawyers, and do not rule over the case like other judges would. The rules of evidence of and process are different, and each side is responsible for getting to the right result.
Appealing a denial in front of an ALJ will be complex, and require a knowledge base of all the applicable rules and laws. These rules and laws range from federal agency regulations to federal case law that interprets how one principle should or should not be applied. This is not work for laymen, but should be taken on by a qualified attorney with the right kind of experience.
Birmingham Social Security Disability Law Firm
If you were denied your SSDI benefits after an initial application, contact us. Our team of dedicated professionals at The Nomberg Law Firm have the knowledge, experience, and ability to help you appeal your SSDI denial. Do not leave the fate of your benefits in experienced hands. We will take the time to explain your case to you, and help you understand what your options are.
The lawyers at The Nomberg Law Firm can assist you in determining if you are eligible to collect SSDI, and/or can help in filing a claim or an appeal. We will review your case free of charge, and if we determine that you are ineligible to collect SSDI (if, for example, you are insufficiently disabled or have not accumulated enough credits), we will tell you – and you’ll owe nothing.
We received a Fully Favorable decision in a Social Security disability case in Etowah County for a long time client. Bernard previously handled a workers’ compensation claim for this client who was injured on the job in 2008. The client had severely injured his lower back and one of his legs while attempting to move some very heavy equipment at a construction site. We are very pleased to report that this much deserving client will now receive monthly Social Security disability benefits to complement his lifetime medical care.
Bernard recently won two Social Security disability claims for longtime clients. One was for a former City of Tarrant employee who injured his low back and was forced to take a medical disability retirement. The other was for a former Sam’s Club employee who worked in the produce and meat departments, but had a terrible fall on some oil that lead to serious arm and back injuries. Both clients will now receive monthly disability benefits and medical care.
Bernard was successful in helping a longtime client of ours to receive Social Security disability benefits. They attended the disability hearing in February. Word of the Fully Favorable decision came out this week. Our client suffered from various mental disorders and very painful physical injuries, that are now largely controlled by medicine. We wish her well.
Bernard attended a Social Security disability appeals hearing in Tuscaloosa. We were given a favorable decision at the conclusion of the hearing. Our client is a very nice lady who was a 25-year employee at a production line position before she was forced out of the job due to injuries. Through the repetitive nature of the job tasks she tore the labrum in her left shoulder and herniated multi-levels in her lower back which required a fusion surgery. We are very pleased for this most deserving client.
Bernard was recently in Selma for a Social Security disability appeal hearing. Our client had four back surgeries, including a multilevel fusion. Currently he walks with the use of a cane and takes several pain medicines. The ALJ ruled from the bench in a fully favorable decision for our client. We are very pleased for this very nice man who is certainly deserving.