The Social Security Administration offers financial assistance to people with medical conditions that prevent them from working: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). For qualifying individuals, these benefits can be an essential lifeline for financial support. Unfortunately, the application and approval process can be challenging, especially when you have a disabling condition. The South Carolina legal team at Land Parker Welch LLC can help.
Our Sumter Social Security disability lawyers can collect the information needed for a persuasive disability benefits claim, assist with the application process, and represent you in appeals if your initial claim is denied. Contact us today for a free initial consultation.
Don’t Wait to Get Help With Your Disability Claim
There is no universal deadline to apply for SSDI or SSI, but waiting to apply can impact when your benefits begin and may result in fewer disability payments. Some monthly payments are not retroactive, meaning that you could miss out on payments that you might otherwise have received. The Social Security Administration (SSA) recommends applying for benefits as soon as possible, even if you are still working.
Your wait time can also be affected by how long the SSA takes to decide your Social Security disability claim. Though wait times vary, SSA data shows that applicants waited, on average, around seven months in a recent year for an initial claim to go through Disability Determination Services.
How Our Sumter Social Security Disability Lawyers Can Help
At Land Parker Welch LLC, our Social Security lawyers can pursue the SSDI or SSI benefits you need if a disabling medical or mental health condition prevents you from working. Our experienced attorneys can help at every stage of the process by:
- Assisting you with completing your application forms
- Helping you gather medical documentation
- Working with your healthcare providers to develop supporting statements
- Communicating with the SSA during the review process and responding to requests for additional information
- Preparing you to attend consultative exams if requested by the SSA
- Advising you on your legal options for appealing a denied claim
- Preparing a compelling argument to support your claim during administrative appeal hearings
Do You Qualify for Social Security Disability Benefits?
A person may qualify for Social Security benefits if they have a qualifying medical condition and if they meet the specific requirements of the disability benefits program to which they apply. The SSA considers a medical or mental health condition a disability if it prevents a person from engaging in substantial gainful activity (SGA) and the condition has lasted or will likely last for at least 12 continuous months or will likely result in death. Generally, substantial gainful activity is work that involves significant physical and/or mental effort and is performed (or intended to be performed) for pay or profit.
In addition to having a qualifying disability, an applicant must also meet the eligibility criteria of the specific disability benefits program they apply to:
- Social Security Disability Insurance (SSDI): Eligibility for SSDI depends on an applicant’s work history. An applicant must have worked enough in their career and have a recent enough work history before the onset of their disability. The SSA measures work history via work credits. A person receives a work credit by earning a certain amount of taxable income, up to a maximum of four credits per year. An SSDI attorney in Sumter can help you determine whether you meet the requirements for SSDI benefits.
- Supplemental Security Income (SSI): SSI eligibility focuses on financial need. A person may qualify for SSI if their countable resources and income fall below certain thresholds. If you’re unsure of whether your available resources meet the applicable limits, a Sumter SSI lawyer can evaluate your circumstances and advise accordingly.
What Happens If Your Disability Claim Is Denied?
The Social Security Administration denies many disability benefits claims upon initial review. However, the SSA has an appeals process that applicants can pursue if they receive a denial. The first step is to request reconsideration within 60 days of receiving notice of the initial denial.
In reconsideration, an applicant can submit new, additional information and documentation to bolster their claim. A new claims reviewer from the SSA will then review the application with any added information or documentation.
If your disability claim is still denied after reconsideration, you may request a hearing (in-person or via phone or videoconference) before an administrative law judge (ALJ). At a hearing, you may present new evidence, witness testimony, and arguments explaining why the SSA erred in denying the disability claim.
If the ALJ rules against the claim, you may pursue a further appeal with the SSA’s Appeals Council by arguing that the ALJ made a factual or legal error. The Appeals Council can deny review, return the case to the ALJ for further consideration, or issue its own decision on your claim.
Should the Appeals Council affirm the denial of a disability claim, an applicant may seek further review by pursuing a legal action in federal court. If you haven’t hired an attorney to apply for benefits, it’s wise to consult a Social Security Disability attorney rather than pursue an appeal alone.
Why Choose Land Parker Welch LLC?
Legal representation can make a significant difference in the outcome of your SSD benefits claim. Clients choose Land Parker Welch LLC because:
- Our attorneys have over 120 years of combined legal experience. Our firm is recognized for professionalism and excellence, with an AV-Preeminent rating from Martindale-Hubbell.
- We have deep roots in the South Carolina community. Each of our attorneys is a proud graduate of the University of South Carolina School of Law, and we’re connected to the people and communities we serve.
- At our family-run law firm, we strive to treat every client like family. You can expect to receive personalized guidance and support through every step of your disability benefits claim.
Speak With a Sumter Social Security Disability Lawyer Today
Applying for SSI and SSDI can be confusing, but legal counsel can make the process much less stressful. Contact Land Parker Welch LLC today for a free consultation with our lawyers for Social Security Disability in Sumter.
FAQs
Common questions that our clients have about Social Security disability benefits include:
What is the difference between SSDI and SSI?
SSDI and SSI focus on providing disability benefits to different categories of individuals. SSDI provides benefits to workers who become disabled and can no longer work in a gainful way. Conversely, SSI provides disability benefits based on financial need, regardless of their work history.
How much does a Social Security Disability lawyer cost?
Federal law limits how much an attorney can charge for representing you before the SSA. Under an approved fee agreement, a lawyer generally can receive the lesser of 25 percent of your past-due benefits or a maximum fee cap set by the SSA.
Do I need a lawyer to apply for disability benefits?
Although the Social Security Administration does not require you to hire a lawyer, having legal counsel can streamline the application process and help you submit a well-supported claim in an effort to avoid unnecessary administrative delays.
Where is the local Social Security office?
The closest Social Security office in Sumter is located at 240 Bultman Dr., Sumter, S.C., 29150
