Greenville Social Security Disability Lawyer

If someone is suffering from a debilitating condition that prevents them from working full-time, they may be eligible to file a social security disability claim to help them make ends meet. A Greenville Social Security Disability lawyer can help prepare that claim. Disabled children – and some adult children – may also qualify.

Types of Social Security Programs

There are two types of social security programs to help disabled persons whose condition hinders their ability to work full-time. The Social Security Disability program is for people who are unable to work altogether, and whose disability is expected to last 12 months or more, or is considered a fatal condition. The second program – the Social Security Supplemental Income program – allows recipients to continue working to some degree while receiving social security income, though the program has income limits. Unlike the Social Security Disability program, the Social Security Supplemental Income program does not have a length of qualifying work history requirement.

Establishing Evidence of Disability

To prepare for a social security hearing, the individual’s attorney can review their medical records, speak with witnesses – such as their boss, coworkers, physician, or even a vocational expert – who can attest to how the person’s medical condition impairs their functioning on a daily basis. A Greenville Social Security Disability lawyer can also prepare their clients to testify about their symptoms and whether they have responded to medical treatment.

Medical Treatment and Effectiveness

The Social Security administration bases its decision about someone’s eligibility on their current condition in light of the medical treatment they are receiving. This is a nuanced process that requires establishing both that someone has made a continuing effort to treat their medical condition, and that the medications and treatments have failed to improve their condition enough in order for them to fully function in their regular work environment.

Denials and Appeals

Many social security disability claims are initially denied due to mistakes in the application process or lack of supporting evidence, especially when the applicant was not working with an experienced Social Security Disability attorney in Greenville. If someone’s claim was denied, they are entitled to an appeal. The  time limit for filing an appeal is typically 60 days from receiving notice of the denial. If they have missed the deadline, however, their attorney can request an extension.

Common Disabling Conditions That May Qualify for Social Security Disability

There is a long list of disabling conditions that may qualify someone for Social Security Disability benefits. Some of the most common social security disability claims include:

• Spinal conditions
• Debilitating back pain
• Severe migraines or cluster headaches
• Mental illness
• Severe depression and anxiety
• Chronic fatigue
• Cancer
• Autoimmune conditions
• Reduced mobility
• Motor neuron diseases
• Multiple sclerosis
• Chronic pain
• Learning disabilities
• Vision and hearing impairments
• Traumatic brain injury
• Communication disorders
• Memory loss
• Cognition problems
• Genetic conditions
• Autism
• ADHD
• Diabetes
• Alzheimer’s
• Obsessive Compulsive Disorder
• Bipolar disorder

How a Greenville Social Security Lawyer Can Help

Millions of people in the U.S. suffer from chronic medical conditions, but simply having a medical condition does not automatically qualify someone for social security disability. Their Greenville Social Security Disability lawyer will work to prove that their medical condition is so disabling that it prevents them from holding down full-time employment. When a person is making a Social Security disability claim, they should look for a Greenville Social Security disability attorney who has experience with Social Security disability claims. Social Security disability is extremely complex; it is governed by statutes and regulations. You should not look for an attorney that only dabbles in this area of law. Instead, you should look for someone with lots of experience in Social Security disability matters.

Looking for an Attorney with Experience

Experience matters so much in these cases because of the complexity of the law. The law changes, the regulations change, and Social Security rulings change. You need an attorney with the experience and knowledge to know the most up to date regulations and rulings as they pertain to Social Security disability. You need to have an attorney who is accessible and that you can speak with. It is important to have an attorney who can sympathize with what is going on with your health issues.

Why We Take on Social Security Cases

Social Security cases allow us to work with people who, very often, are in dire need. We are privileged to be able to help people through this process because we do recognize that when you become disabled and unable to work, you are in need of guidance that only an experienced attorney can provide.

Passion, Integrity, and a Strong Work Ethic

The first principle at Tien Law Firm is that we have a passion for practicing this type of law. That passion drives us to do everything we can to obtain a favorable decision. Having integrity and a strong work ethic means an open line of communication between the law firm and the person applying for disability. It means giving tough advice. Sometimes there are situations that come up in your case where the advice we give is going to be unpleasant and hard to handle. But that is all part of integrity. It is telling the truth about the claim and identifying the weaknesses to determine how we can overcome those weaknesses.

Open and Honest Communication

We pride ourselves on being available to our clients. When a client wants to speak to an attorney, they can speak to that attorney. We also have a well-educated staff that is able to answer many of the questions that come up in this long process of disability. Our lawyers deeply understand what it means to live with a disability. We want to let our clients know that we can empathize with them and that we do have an understanding of what it is like to live with disabilities. We go the extra mile in our communication with our clients. This is not a law firm where you are isolated from your attorney. We encourage people to be in active dialogue with the attorney on the case. That goes a long way in working up a winning case versus an unfavorable decision.

Common Mistakes to Avoid After a SSD Claim is Denied

It can benefit the claimant to contact a social security disability attorney after a SSDI denial notification, because the attorney can take the claimant through the appeals process, including filing the actual appeal and helping the claimant understand the medical issues. Once the attorney understands the medical issues, they can help make sure that Social Security orders the correct medical records.

Failure to Appeal the Denial

Filing a new application versus filing an appeal can have negative consequences on the benefits to which the claimant may be entitled. Going through the appeals process allows the person to get the maximum benefits which could include back benefits. By re-filing an application instead of appealing the denial of the original claim, the claimant hurts the amount of back benefits for which they are eligible. This is a common mistake among people who have not consulted with an attorney and do not understand their appeals rights. When they get a denial letter, they simply re-apply for benefits. This is usually a misunderstanding on the part of the claimant; they do not understand their appeal rights. Without consulting an attorney, it may appear that re-filing the application is the best thing to do. In fact, it is better to appeal that unfavorable decision, even when it means filing a request for a hearing in front of an administrative law judge.

Odds of Winning an Appeal After a Denial

It is not necessarily true that when someone’s claim is denied, their chance of winning an appeal is low. The case can be further developed on appeal. There may have been additional treatment dates with a provider. In the case of getting an attorney involved on an appeal, the attorney may determine that all of the evidence was not gathered on the case. It does not mean that a person has decreased their chance of winning. Also, when filing an appeal and filing a request for hearing, an individual will be going before the administrative law judge who looks at the case new. The administrative law judge is not bound by any earlier unfavorable decisions on the claim.

Filing Numerous Claims

Some of the consequences of filing multiple claims instead of appealing is the lose of back benefits. For an SSDI claim, an individual can be paid back to 12 months prior to the application date. If they continue re-applying, they lose those back benefits. Whereas, when they appeal the process, they preserve their initial application date and they can receive more back benefits

Other Common Mistakes Following an Initial Claims Denial

One of the biggest mistakes a person can make regarding a Social Security Disabilities claim is when they receive a notification of a denial and then ignore it. These people get frustrated and they set the denial letter aside and their window for appealing expires. An initial application denial and a reconsideration denial must be appealed within 60 days. People who go beyond the 60 day window for filing an appeal are forced to file a new application rather than appealing their unfavorable decision.

Greenville Supplemental Security Lawyer

Supplemental Security Income, or SSI, is a program that makes payments to people with low income and resources if they are aged 65 years or old, are blind or are disabled.  It is funded by general tax revenues, opposed to Social Security taxes, and provides cash to meet the basic needs for food, clothing and shelter for many families in America. For a person seeking Supplemental Security Income, the outcome of their application may significantly impact their ability to face a secure future. That is why the Greenville Supplemental Security Income attorneys at Tien Law Firm are dedicated to helping clients facing the need to apply for benefits or appeal a decision regarding denied social security benefits. For a free consultation regarding your case, feel free to call a Greenville Supplemental Security Income lawyer.