Practice Area Type: Social Security Disability

Many Social Security Disability (SSD) applications are initially denied, even when applicants are unable to work due to a disability that is listed in the Social Security Administration (SSA) Blue Book. No matter where you may be in the process, seeking help from a social security disability lawyer may be a vital step as you seek to obtain benefits.

At TSR Injury Law, our knowledgeable attorneys have extensive knowledge of eligibility requirements for Social Security Disability, and we welcome the opportunity to assist you with your claim. For more than 20 years, we have been helping individuals and families throughout the state. We have recovered $300 million in compensation on behalf of our clients. Co-founder and managing partner Steve Terry has been selected for Super Lawyers and is a member of the Top 100 National Trail Lawyer’s Association.

Contact our office to speak with one of our Saint Paul social security disability lawyers. If we represent you, there are no upfront fees. We operate on contingency, so we do not get paid unless we obtain benefits on your behalf.

Call today. (612) TSR-TIME

What Benefits Are Available For Disabled Persons?

The SSA has implemented a number of disability programs to provide compensation for those with disabling medical conditions.

Your unique circumstances and supportive evidence will help to determine whether you may be eligible to receive benefits:

Social Security Disability Insurance

Social Security Disability Insurance, commonly called SSDI, is for those who have a disabling condition and are no longer able to work. However, to qualify, these individuals must have been gainfully employed for a minimum of five years in the last decade and have accumulated a certain number of work credits based on their age. They must also be able to provide evidence of a disabling condition that prevents them from being able to work. The condition must last longer than 12 months or be expected to result in death.

Supplemental Security Income

The Supplemental Security Income program, or “SSI”, provides benefits to those without much work history or financial assets. If they have a qualifying disability, they may be eligible for benefits. Applicants cannot have more than $2,000 in assets, or $3,000 for couples. Applicants are also prohibited from earning more than $1,260 or $2,110 for those who are blind (these earnings restrictions also apply to SSDI benefits). Those with a qualifying disability must still provide evidence that they are unable to work as a result of their condition.

Widower Benefits / Disabled Widower Benefits

These benefits may be available for a widow or widower after the death of his or her spouse. The widow or widower must be at least 60 years of age. However, an applicant who is 50 years of age may also be eligible if he or she also has a qualifying medical condition and provides all SSA-required documentation, which includes:

Disabled Adult Child Benefits

The SSA classifies a disabled adult child as one between the ages of 18 and 22 who became disabled before turning 22 and is unmarried. To qualify, the disabling medical condition must be expected to last at least 12 months or cause death, be severe enough to limit daily activities and prevent the individual from working. The child’s parents must also be receiving disability benefits or be deceased.

If you have a disabling medical condition, but you are not sure whether you meet the eligibility requirements, we encourage you to contact one of our qualified attorneys today. We are prepared to review both new and existing applications. We charge nothing for a consultation, and we can answer questions you may have about the SSA filing process.

Call our Saint Paul Social Security Disability Lawyers at: (612) TSR-TIME

Documents That Must Accompany Your SSD Application

There are many convenient ways to apply for SSD benefits. You may call the SSA’s toll-free number (1-800-772-1213), complete your application online or complete your application in person at your local St. Paul Social Security office. However, whatever method you choose, you must provide various forms of documentation for your application to be considered:

The SSA application process is complicated, and many first-time applicants are denied benefits. That is why we recommend seeking legal advice from a St. Paul Social Security Disability lawyer.

We welcome the opportunity to review your application and supportive evidence to see whether you may have a valid claim. If your claim has merit, and we represent you, we are prepared to represent you throughout the process.

Why Are So Many Claims Initially Denied?

Even applicants who end up receiving benefits are often denied benefits when they first apply.

There are several common reasons given for a denial, including:

• The evidence was insufficient and did not meet SSA requirements
• The applicant’s disability is short-term and will likely not last 12 months or cause death
• There was evidence that the applicant failed to follow his or her treating physician’s plan of care
• The applicant failed to cooperate with the SSA (such as refusing to do a medical examination)
• The applicant had little to no work history and did not meet other qualifying requirements
• The disabling condition is caused by the applicant’s history of drug or alcohol abuse; you may be eligible if you have an unrelated disability but also have a drug or alcohol abuse problem
• The income or total assets exceed the SSA’s substantial gainful activity limit

Our trusted lawyers at TSR Injury law are prepared to advocate on your behalf, but first we offer you the opportunity to receive a free review of your application and accompanying documentation to determine whether you may be eligible for benefits. If you have already been denied benefits, and you have a qualifying claim, we may also be able to help you with the appeal process.

Complete TSR’s online case evaluation form to get started.

Appealing a Denied Application

If you were denied benefits after your initial application, you may appeal that decision. However, the SSA only provides a window of 60 days for denied applicants to file a request for reconsideration.

Learn more about the steps in the appeal process below:

• File a request for reconsideration of your application – This is an opportunity for your attorney to help you submit new evidence that may strengthen your application. Additionally, your application will be reviewed by a different claim examiner.
• Apply for a hearing with an Administrative Law Judge (ALJ) – This is your next option if your request for reconsideration results in another denial. Your attorney can request this hearing on your behalf and prepare you in advance. Industry experts or medical professionals may be called to provide additional testimony about your application.
• Request a review with the Appeals Council – The Appeals Council must agree to do a review. However, the council may decide that it agrees with the ALJ’s decision and uphold the denial of your claim.
• A review by the federal court – This involves a federal lawsuit. A judge will carefully review your application, including any of the previously-submitted evidence, transcripts from the ALJ hearing, and any other related documentation. However, you are not able to submit any new evidence at this point.

The SSA process for appealing a denied claim is complex and may also be overwhelming if you are suffering from a disabling medical condition. That is why we encourage you to contact our offices to speak with one of our experienced social security disability lawyers.

Our legal team is available to answer your call or online chat 24/7. Call us today: (612) TSR-TIME

How Can A Social Security Disability Lawyer Help Me?

There are many ways our St. Paul Social Security Disability lawyers may be able to assist you in pursuing disability benefits. For example, we are ready to carefully review the medical evidence you submitted or have in your possession to determine how to strengthen your claim. Medical evidence must also provide a robust argument for why you cannot work or have stopped working.

At TSR Injury Law, we understand that every application for benefits comes with unique circumstances, and we take the time to carefully review all contributing factors. We also carefully review applications for any minor errors. Sometimes all it takes is a few minor errors for a claim to be denied.

Contact Our Saint Paul Social Security Disability Lawyers Today

Whether you are applying for Social Security benefits for the first time or you have already received notice of a denied claim and need to appeal, we encourage you to contact one of our licensed attorneys. We have a track record of success and decades of experience assisting residents in Minnesota.

We accept SSD cases on contingency, which means we do not charge or receive any money unless we secure disability benefits for you. Our initial consultation is free, so there is no financial risk to have us review your potential claim.

Our law office is located minutes away from the Bloomington Social Security Office.

TSR Injury Law. We are here to help: (612) TSR-TIME

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.

Appeals Council

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.

We are here to assist you. Ph: (612) TSR-TIME or fill out a free case evaluation form.

If you are unable to work due to a disability, you may be eligible to qualify for Social Security Disability (SSD) benefits. Whether you qualify as a disabled person but were denied benefits on your first application attempt, or you are just beginning the process, we recommend that you contact an experienced Bloomington Social Security Disability lawyer for a free review of your claim. For more than two decades, we have been helping to provide legal counsel to individuals and families throughout Minnesota and several of our attorneys have been selected for the Super Lawyers list since 1993, including partners Richard Ruohonen and Charles D. Slane.

Your initial consultation is free, and if we represent you, we are only paid if we are successful in obtaining the benefits you need.

For more information, call (612) TSR-TIME.

Am I Eligible for Social Security Disability Benefits?

In order to receive disability benefits, you must have a medical condition that qualifies under the Social Security Administration’s (SSA) definition of a disability. According to the SSA, a person is considered disabled if he or she:

• Is not able to perform the work he or she did previously because of a medical condition
• Is unable to adapt to other work duties because of a medical infirmity
• Has a disability that is expected to last for at least one year or result in death

Any child under 18 suffering from a mental or physical condition may also qualify for disability benefits if he or she:

• Is expected to last at least a year but may result in death
• Is severely limited in his or her ability to perform activities

The SSA website offers a list of medical conditions that often qualify for benefits. If you have one of the medical conditions listed and your symptoms meet the criteria, you may be able to obtain benefits.

There are many defining factors used to determine eligibility for disability benefits. If you are unsure if your condition qualifies or if you have questions about the application process, our firm is prepared to help.

There is no risk for you to call us (612) TSR-TIME.

How Our Firm Can Help With Your Application

The Social Security Disability attorneys at TSR Injury Law have many years of experience submitting successful benefits claims and as a result of that experience, we can identify the reasons why an initial application may be denied. Some of these reasons include:

Insufficient Medical Evidence

A disability claim may be denied due to lack of medical evidence. It is not enough to show that you have a disabling condition. You must also be able to establish the severity of your medical impairment. This means demonstrating that your disability is long-term and prevents you from working. If we represent you, our legal team can help you submit tangible evidence, such as medical records and doctor’s notes, to establish how your disabling condition affects your life and ability to work.

Failure to Follow Treatment

Applicants have a better chance of being approved for disability benefits if they have a strong working relationship with his or her attending physician. Failure to follow any recommended treatments could result in a denied claim. This is why it is so important to keep your scheduled appointments and follow your doctor’s orders. If an applicant fails to do this, the SSA claim examiner may not have enough evidence to determine if your condition prevents you from working.

Income Exceeds Allowable Limit

Applicants cannot be earning more than a certain monthly amount. If your incomes exceeds the substantial gainful activity allowance, the SSA will assume that you can work, which means that you will not be considered disabled and your claim will be denied, regardless of your medical condition. The monthly amount for 2019 is $1,220 – or $2,040 for blind applicants.

Failure to Cooperate With the SSA

A disability claim may also be denied if you fail to cooperate with the SSA during the application process. This includes, but is not limited to, providing requested documentation or appearing at all scheduled medical exams. We recommend that you keep in constant contact with the examiner assigned to your claim and provide any request for information or documentation in a timely manner.

Previous Denial of Disability Benefits

Many applicants believe that filing a new disability claim is a better option than appealing a denied one. However, this is not the case. In some circumstances, an application will be denied when the examiner reviewing your paperwork sees that you previously applied for benefits and were denied. This is why we recommend that you go through the appeals process rather than filing a new disability claim.

The Bloomington Social Security Disability attorneys at our firm understand the filing deadlines and what medical records or other information is needed to improve your chances of approval. We can help you submit any additional evidence that may be required to support your disability claim.

We are available 24 hours a day, seven days a week to discuss your situation during a free consultation.

Appealing a Denied Disability Claim

If your disability claim has been denied, you have the right to request an appeal. Generally, your request must be made in writing within 60 days from the date you received the SSA’s decision letter. Our legal team may be able to help you throughout this process to ensure that your appeal is filed appropriately and on time.

There are four levels of appeal:

• Reconsideration – A reconsideration is a complete new look at your claim by a medical consultant or examiner who was not part of the initial decision. The medical consultant or examiner will look at all previously submitted evidence along with any new documentation provided by your lawyer.
• Hearing – If you disagree with the reconsideration ruling, you may ask for a hearing by an administrative law judge. You will be asked to provide more proof and to clarify certain details about your claim. Your lawyer can argue your case before the judge, prepare you for questions you may be asked, as well as bring in a vocational or medical expert to prove your disabling condition.
• Appeals Council – If your claim is denied again, you may ask to be reviewed by the SSA’s Appeals Council. At this stage, your request may be denied if they think the hearing decision was correct. The Appeals Council will either decide to examine your case or return it to an administrative law judge for further review.
• Federal Court – If you are still dissatisfied with the outcome, you may be able to file a lawsuit in federal district court. No documents or new evidence will be considered at this stage. The federal judge will review everything already submitted to make a determination in your case.

The appeals process can be complex and quite overwhelming to handle on your own. It is in your best interest to obtain legal representation so that you have a fighting chance for a positive outcome. We welcome the opportunity to help you pursue the disability benefits you may be eligible to receive.

Need Help? Call (612) TSR-TIME or fill out our Free Case Evaluation form today.

Types Of Social Security Disability Programs

There are several SSD benefit programs available. However, the type of program you may be eligible for will depend on your financial circumstances and work history. These programs include the following:

Social Security Disability Insurance (SSDI)

To be eligible for SSDI, you must have a disability that prevents you from working and have enough work credits with Social Security. The number of work credits required is based on your age and the year you became disabled. Most applicants typically need at least 40 work credits. You must also have worked at least five out of the 10 years prior to becoming disabled.

Supplemental Security Income (SSI)

If you have little to no work history and need financial assistance, SSI benefits are available as long as you have a qualifying disabling condition that prevents you from working. If approved, the federal government may provide as much as $771 in monthly SSI benefits in 2019 or $1,157 if you have an eligible spouse.

In Minnesota, there is a supplemental SSI benefit you could qualify for that comes from the Minnesota Supplement Aid (MSA) program. This aid provides monthly cash payments for basic living expenses such as housing and utilities if your income is just above the SSI limit. Social Security limits SSI assets to less than $2,000 for a single, unmarried person and less than $3,000 for a couple.

Disabled Widow and Widower Benefits

When a person receiving SSD benefits dies, the surviving spouse may be able to receive his or her spouse’s benefits as long as they are over the age of 60. The eligibility age to receive these benefits may be lowered to age 50 if the surviving spouse is also disabled. To obtain survivor’s benefits, several documents are required:

Disabled Adult Child Benefits

The SSA considers someone a disabled adult child that is over the age of 18, unmarried, and has a disability that began before turning 22. One parent must also be receiving Social Security benefits or passed away but at the time of death was insured for benefits. Once you qualify for these benefits, you will qualify to receive monthly payments through the SSDI program.

If you have any questions about the application process or are unsure if you are eligible for one of these programs, do not hesitate to contact a Bloomington Social Security Disability lawyer to discuss the options available to you. We want to make sure that you have the answers you need to decide your next move.

Applying for Disability Benefits in Minnesota

There are several different options to submit your application for benefits in Minnesota. You can file your claim with the SSA online, over the phone, or you may opt to travel to the local Social Security field office and apply in person.

We recommend that you apply for benefits as soon as you become disabled. However, to start the application process, you will need proof of the following documentation:

• Social Security number and proof of age
• Names, addresses, and contact information of any doctors, hospitals, or clinics who treated your disability, including the dates of those visits
• Information on the medications you have been taking
• Medical records, including laboratory and test results, from your doctor, hospital or clinic
• Detailed summary of your previous place of employment and job responsibilities
• Most recent W-2 forms or a copy of your federal tax return if self-employed

Once you submit your application, an SSA claims representative will be assigned to review your claim. He or she will contact you if you need to provide additional information to support your claim. If eligible, your application will be sent to Minnesota’s Disability Determination Services (DDS) to make an initial decision about whether you are disabled. This agency will be responsible for either approving or denying your claim.

Reach out to our legal team today so we can help you gather the supporting documentation and evidence for your claim.

Contact a Bloomington Social Security Disability Lawyer

If you need assistance with the application process or to appeal a denied claim, we encourage you to contact a Bloomington Social Security Disability attorney at TSR Injury Law. We have more than two decades of legal experience helping Minnesota residents and their families obtain the financial support they need.

We are prepared to review your claim during a free, no obligation consultation. There are no upfront fees and we do not get paid for our services unless our clients secure disability benefits.

Our law office is conveniently located just five minutes from the Bloomington Social Security Office.

Contact our office 24/7 via online or by calling (612) TSR-TIME.