Easley, SC Social Security Disability lawyer

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Applying for Social Security Disability can be complicated due to the legal jargon, deadlines, and red tape the government has put in place in order to be approved. With the help of an Easley, SC Social Security Disability lawyer, you can work to get approved for these benefits as soon as possible. An Easley, SC personal injury lawyer with Smith Jordan Law has experience handling the challenges of the Social Security Disability process.

easley sc social security disability lawyer

What kinds of Social Security Disability benefits can I receive?

When you have a medical disability, there are two types of programs that offer financial help when you are unable to work and earn an income. The two types of Social Security Disability programs available are:

  • Supplemental Security Income (SSI)
  • Social Security Disability Insurance (SSDI)

How much money can you make on Social Security Disability?

The amount you are able to make on Social Security Disability will depend on several factors. You may not receive the full available monthly benefit if you are earning an income.

The maximum Social Security Disability benefit is currently $3,267, and Supplemental Security Income is $914. Individual circumstances will affect what level of either of these benefits you will be eligible to receive.

Why do I need to work with a lawyer? How can a lawyer help me?

Unfortunately, an extremely high percentage of disability claims get denied the first time for one reason or another. Working with an Easley, SC Social Security Disability lawyer can help you avoid being denied initially by helping you provide the required documentation and ensuring you are carrying out all proper steps.

If, for any reason, you are still denied, our attorneys can handle the appeals process on your behalf.

Why are Social Security Disability claims denied?

Most people who are disabled or have legitimate illnesses are often denied upon submitting their first application, even though they should be approved based on the grounds of their disability.

While this causes more work for the claimant, it does not mean you are not eligible, just that you will be required to submit more documentation proving your disability. If you are denied upon submitting your application, you can appeal their decision.

Some reasons Social Security Disability Insurance claims are denied include:

  • Lack of solid needed medical evidence
  • Income level exceeds the SSA limit
  • Your disability is not long-lasting or considered severe enough
  • Not following the treatment your physician prescribed you
  • Not cooperating with the SSA

Social Security Disability vs. Supplemental Security Income

Social Security Disability Insurance (SSDI) is to support a disabled individual who has a qualifying work history through their own history of employment or through a family member such as a parent or spouse.

Supplemental Security Income provides the most basic minimum financial assistance to disabled persons (regardless of their age) and older adults who have limited resources and income. State-funded programs typically supplement federal Social Security Income benefits.

The most substantial difference between Social Security Disability Insurance and Social Security Insurance is that Social Security Insurance eligibility is based on disability and age and the lack of resources and income, whereas Social Security Disability Insurance eligibility is based on the level of disability and previous work credits earned.

In most states, a recipient of Social Security Insurance will automatically qualify for Medicaid, a state-funded health insurance. A Social Security Disability Insurance recipient will automatically qualify for the Medicare program after receiving disability payments for 24 months.

How is Social Security Disability calculated?

Social Security Disability is calculated using the average earned monthly income across your entire working history and then adjusted for any historical wage growth.

When the Social Security Administration calculates your disability benefits level, they will determine the number of years that should be used in the calculation. They determine this by taking the number of years starting from the calendar year that you turned 22 through the beginning of the Social Security Disability waiting period year.

Then, for every five years worked, they will deduct one year. This rule is called the “one-for-five.” The resulting number is referred to as “computation years.”

For parents who stayed home to care for their young children, there are certain childcare dropout rules that allow you to remove or “drop out” out of the calculation of the years in which you were taking care of a young child. This eligibility is very specific, and the assistance of a Social Security Disability lawyer in Easley, SC can be beneficial in ensuring your calculations are correct.

If you are receiving public disability payments such as worker’s compensation or state disability benefits, your Social Security Disability benefits can be reduced.

social security disability attorney easley sc

How do I qualify for Social Security Disability?

In order to qualify for Social Security Disability Insurance, you must have a medical condition that qualifies under Social Security’s definition of disability and have earned income that is covered under an income qualifier for Social Security.

You are considered to have a disability qualifying under SSA rules if each of the following is true:

  • You are unable to work or engage in substantial gainful activity (SGA) due to your medical condition
  • You are unable to do the work you did prior to the medical condition or are unable to adjust to another line of work because of the medical condition
  • Your medical condition has lasted, or doctors expect it to last, for at least one year, or your condition could cause death

Conditions that can qualify for approval

Serious medical conditions are needed to apply for Social Security Disability benefits If you have one or more of the following medical conditions you have a better chance of proving your medical conditions prevent you from working in a competitive work environment. The key is to have the proper documentation and evidence to win your case. This is where the attorney can assist you to try and show your condition meets the required level of severity:

  • Immune system disorders
  • Mental disorders
  • Blood disorders
  • Neurological disorders
  • Digestive tract problems
  • Cardiovascular conditions
  • Respiratory illnesses
  • Musculoskeletal problems
  • Rheumatoid or osteoarthritis

If you suffer from one of these medical conditions, one of our Easley Social Security Disability attorneys can walk you through the application process.

Our Easley, SC Social Security Disability lawyers are ready to help

Working with a skilled SSD attorney improves your chances of being approved upon initial application. Our lawyers will help prove your disability during your application process and not have to deal with the appeals process, which can be disappointing and frustrating.
Attorneys with Smith Jordan Law work tirelessly to make sure you receive the help you need to take care of yourself and your family when your disability prevents you from working and making a sustainable income. Call us today at (864) 343-2222 or fill out our quick contact form for a free case evaluation.

Frequently asked questions regarding Social Security Disability

Can you work part-time on Social Security Disability?

Yes. But, it is not easy to get awarded disability benefits if you are working, even part-time. It is, however, not prohibited to work while on disability benefits. You are able to earn an income while receiving social security benefits as long as that income does not go over the limit put in place by the Social Security Administration.

There are clear rules on how many hours, how much income, and how many months you are able to work. If you are engaged in what is known as “substantial gainful activity,” earning $2,460 or more if you are blind or over $1,470 if you are not blind, you would become ineligible to receive benefits.

The SSA provides an opportunity for current beneficiaries to return to work without losing their benefits. This program is called a Trial Work Period. Click here to learn the rules of the program.

How many hours can you work on Social Security Disability?

For recipients of Social Security Disability income, the hours worked are not as important as the work itself. If the work performed is considered to be “substantial gainful activity,” the SSA may terminate or deny you benefits.
If you are self-employed, the hours you can work per month while still collecting Social Security Disability Insurance is 45 hours or roughly 10 hours per week. This is as long as the hours worked do not provide you with a substantial income and you are not working alone for your business.

Can you get VA disability and Social Security?

Military veterans who have become disabled or had their disability worsen due to their service time can collect Veterans’ compensation. Depending on which type of Social Security benefits you are receiving will determine if a reduction in benefits will occur. VA disability benefits are not income-based, so eligibility for these benefits does not affect Social Security Disability benefits.

How long does Social Security Disability last?

The length of social security benefits will depend on which benefits you are receiving. Long-term benefits such as Social Security Disability Insurance can go through retirement age unless specific events or conditions affecting your eligibility come into play.

Once you have reached the retirement age of 65, you may begin to receive benefits through Social Security Retirement instead of Social Security Disability Insurance, but Social Security Insurance benefits do not end at 65 years of age.

If you are able to return to work and can make a substantial income, you may no longer be eligible to receive Social Security Disability Insurance.

Becoming incarcerated or moving out of the United States for an extended period of time will also disqualify you from receiving Social Security Disability Insurance.

Do you have a legal question? Not sure what your next step is?

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