Minneapolis Social Security Disability Attorney
When a disability prevents you from working, obtaining Social Security Disability (SSD) benefits may be a necessity. However, proving you have a disability that is eligible for benefits is a complicated process and many valid applications are rejected due to documentation errors and other issues.
For help navigating the Social Security Disability application process - or to review an existing policy that has been rejected - contact a licensed Minneapolis Social Security Disability lawyer to guide you through the process. At TSR Injury Law, we have been helping Minnesota injury victims for more than 20 years.
You can reach our firm 24/7 to schedule a free legal consultation and we charge no upfront legal fees for our services. We only get paid if we obtain compensation if your benefits application is accepted.
Call us today at (612) TSR-TIME or fill out a Free Case Evaluation form.
How Can I Determine if I am Eligible for Benefits?
If you suffer from a disability that fits the Social Security Administration’s (SSA) definition of a disability, you may be eligible to receive benefits. The SSA considers adults disabled if:
- They are unable to work the same job as before because of their medical condition
- They cannot take on other work duties because of their current condition
- The disability is expected to last or has lasted for a year, or the disability is expected to result in death
- They are not earning more than the substantial gainful activity limit each month
If you have a child under the age of 18 who suffers from a physical or mental condition that is expected to last a year or lead to death, and it causes severe functional limitations, he or she may be eligible for benefits.
It is important to note that even if you believe you are eligible, your application may still be denied. Contacting a licensed Minneapolis Social Security Disability attorney from TSR Injury Law to discuss your application can be of great benefit during the application - or reapplication process.
Need Help? Call (612) TSR-TIME.
What Programs May I Qualify for?
There are a variety of disability programs that applicants may qualify for, based on work history, assets, age and marital status:
Social Security Disability Insurance (SSDI)
This program provides financial benefits to disabled people who have worked at least five out of the previous 10 years – in most cases they need to have earned at least 40 work credits. This program is typically for those who may have suffered an injury or contracted an illness that created severe physical and/or mental limitations. This program may also be for people with progressive disabilities that have suddenly become much worse.
Disabled Widow’s and Widower’s Benefits
Financial benefits are available to widows 50 years old or older who have become disabled within a certain time period after the death of their spouse. The recipient must have worked for several years and contributed to Social Security.
Disabled Adult Child Benefits
If a child becomes disabled before the age of 22, and if the child’s parents are receiving disability benefits, or are deceased, the child may be eligible for this program.
Supplemental Security (SSI)
This program provides aid to people in lower income households who do not have much work history or assets. There are specific limits on assets and the amount of money applicants can earn each month. They must also have a medical condition that meets SSA criteria.
Reach out to the team at TSR Injury Law if you have any questions about the options that may be available to you.
Benefits of Hiring a Minneapolis Social Security Disability Attorney
When an application is denied, many eligible applicants can become discouraged and give up. However, even if an application is denied, the person who filed it may still be eligible for benefits.
We encourage you to contact us after a denial to learn how we may be able to file an appeal on your behalf. We have extensive knowledge of eligibility requirements and the evidence needed to help us overturn a denial.
If your claim was denied for any reason, contact us today to discuss what happened and how we may be able to help prove your eligibility for benefits. Some of the most common reasons claims are denied include:
- Failure to follow medical treatment – Any medical treatment prescribed by your doctor should be carefully followed. If you opt out on taking prescribed medications or miss doctor’s appointments, the Social Security examiner may decide he or she cannot make an accurate judgment about whether your disability prevents you from working. It is important to show that you are trying to make an improvement on your condition, but medical efforts are not working.
- Lack of medical evidence - If you do not have enough medical documentation that proves your disability and how it prohibits you from working, your claim may be denied. Tell your doctor that you are applying for Social Security Disability benefits and ensure that his or her records say that.
- Your income – If you make more than the monthly limits, your claim will most likely be denied. If you are making more than the monthly income limit, you are considered to be engaging in Substantial Gainful Activity (SGA). The limit for 2019 is $1,220 per month for non-blind applicants and $2,040 per month for those with severe visual impairment.
- Failure to cooperate – If you miss a scheduled medical exam, or a social security representative asks you to provide additional information and you fail to do so, your claim may be denied.
- Been denied in the past – If your claim has been denied in the past, it is likely that your claim will be denied again. That is why it is best to appeal denial with an attorney rather than reapply.
Our Minneapolis Social Security Disability lawyers know each claim is unique and so are the reasons for a denial. We are prepared to thoroughly review your medical condition, work history, reasons for denial, and other factors to help us build a comprehensive case for why you should receive disability benefits.
If you need help with your claim, call us at (612) TSR-TIME.
What Documents are Needed for an SSD Application?
It is important that you have all the necessary documents organized and ready before applying for Social Security benefits. Some important documents that you will need include:
- Birth certificate
- Your Social Security number and the Social Security numbers of your spouse and/or children if they are applying
- Your pay stubs, W-2 form or federal tax return for the past 12 months
- Names, phone numbers, and addresses of all hospitals, clinics, and doctors that have treated your condition
- Medical records and dates of treatment prescribed by your doctor
- List of all medications you are consuming
Gathering all of this information can seem daunting, particularly as you are dealing with a significant disability. Fortunately, you have the option of hiring an attorney to help you with this. When we represent SSD clients, we are committed to providing comprehensive information about your situation to the SSA.
Steps to Take After a Claim is Denied
If your initial claim gets denied, you will have 60 days after you receive notice of denial to begin the appeals process. At TSR Injury Law, our Minneapolis Social Security Disability attorneys understand the process of appealing a claim and can help ensure that all documents are filed correctly and on time. We can also gather more evidence to bolster your application.
The appeal process includes the following steps:
Request for Reconsideration
Disability Determination Services (DDS) will do a complete review of your claim. The claims examiner will be someone who was not part of the initial review of your application. This person will determine if you are eligible and if the denial should be overturned. Our attorneys can also submit new evidence for the examiner to consider.
Administrative Law Judge Hearing
If your claim is denied, you will have a limited amount of time to ask for a hearing before an Administrative Law Judge. This hearing will include testimony from both parties and witnesses. The judge will review additional evidence, witness testimonies, and decide whether your claim should be approved. This decision is usually issued within 30 days after the hearing.
When your claim is denied by the Administrative Law Judge, you can request for the Appeals Council to review the judge’s decision. However, the Appeals Council may deny a request if it believes the decision is correct.
Lawsuit in District Court
If your claim has not been approved by this point, you have the option of filing a lawsuit in federal court.
The appeals process can be long and stressful. Having an experienced attorney guide you through it can ease the burden on you. It is also important to note that many claims that are pursued with an attorney result in the applicant receiving benefits.
We encourage you to take advantage of the chance to have your situation reviewed by a qualified attorney in a free, confidential and no-obligation consultation.
Call us today at (612) TSR-TIME to learn more.
How Does Working Affect My SSD Eligibility?
If you wish to return to work, there are programs that make it possible for people with disabilities to work and continue receiving benefits:
Social Security Work Incentives
This program allows a trial work period to test your ability to work for at least nine months. During this period, you will receive your full Social Security benefits. It does not matter how much you are making at your job if you report to work and your disability continues. In 2019, a trial work month includes any month your total earnings are over $880.
After the trial period, you can receive benefits for any month that your earnings are not over the SGA limit. In 2019, the SGA limit is over $1,220 (or $2,040 if you are blind).
Social Security also deducts expenses that require special services in order to work, such as transportation costs to and from work (for certain conditions), counseling, personal attendant or job coach, a wheelchair or any specialized work equipment.
SSI Work Incentives
This program benefits people age 65, blind, or disabled who have limited income. If you work despite your disability, you will continue to receive benefits until your earnings, added with any other resources, exceed the SSI income limits.
If the SSA stops your benefits because of your earnings, and you become unable to work because of your disability, you may ask the SSA to restart your benefits. You do not have to file a new application if this request is made within five years, starting from the month your benefits stopped.
Call a Minneapolis Social Security Attorney Today
If you have a disability and are seeking Social Security disability benefits, we understand how long and daunting the process may be.
The SSD attorneys at TSR Injury Law offer a free, no obligation consultation so that we can discuss how we may be able to assist you. Our services are provided on a contingency fee basis, so there are no costs to you unless we help you obtain benefits.
Our office is just a five-minute drive from the Social Security office in Bloomington and our firm has been helping injury victims in Minnesota for more than 20 years.