Racine Social Security Disability Attorney
Racine has been a factory town for as long as you have been alive; but if you can no longer work because of a disability, the industry in the area could be an unpleasant reminder of your situation. When your disability appears to be chronic, where it could last for a year or longer, you need long-term solutions. Social Security disability insurance benefits can help with your situation. The SSDI system, which is funded through Payroll taxes, provides critical support to people who are no longer able to work.
Since these benefits potentially could be needed for years, the agency scrupulously examines every application and often denying claims initially and requiring applicants to go through an appeals process to verify their disability. If this is your current situation, Chewning Legal can help. The application process for your benefits can be frustrating. Errors and omissions on your application could further complicate things for you as well.
Do You Qualify for Benefits?
In many cases, determining whether or not an individual qualifies for benefits is highly complicated. Your circumstances, and application, will be comprehensively assessed in accordance with the standards set forth by federal law. While it is not easy to provide an immediate and definitive answer for every case, you can assess your own eligibility by considering the following five basic questions:
- Are you currently working? If you are still on the job, you will likely not qualify for disability benefits. Though, there are exceptions to this rule for some part-time employees. For the year 2016, if you are making more than an average of $1,130 per month, then you are ineligible. If you are still eligible after answering question, your case will go on to question 2.
- Do you have a ‘severe’ injury or condition? You can only qualify for disability benefits if your condition is deemed sufficiently severe, so that its mere presence interferes with your basic work-related activities. Essentially, your injury or condition must prevent you from working.
- Is your condition listed as disabling? The Social Security Administration maintains a comprehensive list of severe conditions. The listed conditions automatically indicate a qualifying disability. If your condition is listed, then you do not need to answer the remaining questions. However, even if your condition is not listed, you may still be eligible for benefits.
- Can you work in your previous position? When assessing a non-listed condition, the SSA will determine if you can keep working at your previous position. If you can, you will be deemed ineligible for disability benefits.
- Can you do an alternative work? If you are unable to return to your previous position, you will only be able to qualify in the event that the SSA determines that you cannot reasonably perform any alternative line of work.
Many of these questions are not easy to answer. If you have questions about your own eligibility, you should consult with an experienced Social Security disability attorney.
Three Things You Need to Know About Applying for SSDI Benefits
- Most claims are initially denied: According to data provided by the Social Security Administration, the majority of disability claims are initially denied. In fact, the SSA reports that between 2001 and 2010 only 28 percent of claims were successful after they received an initial review. However, during the same period, 45 percent of claims were successful after the completion of the final stage of the review process. Through their own data, the SSA is admitting that they initially deny many valid claims. The data shows that more than one third of valid claims are denied after the first round of review. If your claim has been denied, you need to keep fighting.
- You must take immediate action: The Social Security Disability process is filled with several strict time limits. At each stage of the process, you only have 60 days to submit an appeal. If you fail to take legal action within that time period, you will likely lose out on your legal rights. Do not let this happen to you. if your claim has been denied, please call an experienced Wisconsin social security disability attorney as soon as possible.
- You can afford an attorney: Many people worry about the cost of legal representation. After all, attorneys are very expensive, right? This is a common misconception. While cost is certainly an understandable concern, there is good news: you can afford an attorney. At Chewning Legal, our team will never charge you any upfront fees. We only get paid as a percentage of your award. This means that if you do not recover benefits, our firm will collect no fees for our services. We are so confident in our ability to help you, that we are willing to take on all of the financial risks of bringing your appeal.
Understanding The Appeals Process
Your application needs to be accurate. This means that it should be free of errors and omissions. Upon your initial filing, you will usually have to wait 3–5 months for the SSA to respond to your application. They will tell you of their decision by mail. You have 60 days to respond to their decision, (which unfortunately is usually a denial). We will help you develop your file in preparation for a hearing before an administrative law judge if your initial appeal is denied.
At a hearing before the Social Security administrative law judge your impairments, daily life and credibility will be on trial. Your hearing will be held in Milwaukee. Attorney Don Chewning has represented hundreds of clients over the years at these hearings. He and his staff know how to best prepare your case for that important day. Don’t go it alone. You need experienced SSDI help by your side. If, at the conclusion of the administrative hearing, your case has still not been successful, you can continue to take legal action. The next step is getting a review by the appeals council. After that, you will have the right to file a lawsuit in federal district court. An attorney should always be by your side throughout every step of the appeals process.
Do You Need Assistance?
At Chewning Legal, we have extensive experience representing individuals who need disability benefits. We can help you with your application and any appeals to help you receive your benefits. We don’t receive a fee unless you receive benefits, so you don’t have to let that be a concern. Remember, there is no time to wait. If your Social Security disability claim has been denied in Racine, please do not hesitate to give us a call today!
Let’s get started.