When your disability finally makes you realize you won’t be able to return to work for a year or more, Social Security’s denial of your disability application will not make sense to you. However, knowing that you have met all the qualifications for disability will give you confidence to appeal your denial.
The easiest way to determine if you qualify for Social Security Disability in Wisconsin is to give us a call at Chewning Legal, LLC. We can review your case and determine whether you qualify. We know how to properly convey your situation to the agency on your application or during the appeals process.
Social Security disability benefits are determined on more than just your disability. In addition to your disability, there is an “insured status” requirement you must meet to qualify for disability benefits. In order to be eligible for Social Security disability you must have paid in enough “credits” to Social Security in recent years to be insured under the program.
Since Social Security Disability Insurance is a fund sustained by workers, participation in the system on the front end determines the extent of your benefits later. We can review your work history with you and help you determine if your work history qualifies you for the Social Security disability system.
If you do not qualify for the Social Security disability program, you may still qualify for Supplemental Security Income (SSI). SSI exists to provide benefits to disabled adults and children who have low household income and assets. Chewning Legal, LLC helps clients across Wisconsin apply for both programs.
If you are eligible to make a claim, your disability will be determined by the Wisconsin Disability Determination Bureau in Madison. That determination will be made according to Social Security’s federal guidelines. If your first appeal is denied, you can ask that an Administrative Law Judge, usually based in Milwaukee or Madison, to review your claim. Hearings are held, often by video at other locations around the state, such as Green Bay, Oshkosh, La Crosse, Eau Claire and Wausau. In order to be deemed “disabled”, you must show that a medical condition exists.
1. Are you working? – If you are working and making more than a certain amount then you will not be considered as disabled. However, if you are earning at or below that amount then Social Security will consider your medical condition.
2. Is your medical condition “severe”? – Your disability is considered severe if it limits basic work activities such as walking, sitting, and remembering for at least a year. Unfortunately Social Security disability does not provide coverage for temporary conditions that may keep you off of work for less than a year.
3. Is your medical condition on the Listing of Impairments? – Certain medical conditions are considered so severe that they automatically qualify the claimant as disabled. After talking to you and reviewing your medical records, Chewning Legal, LLC may be able to show that your condition is one that meets or equals a “listing”.
4. Can you do the work you did before? – If your medical condition prevents you from doing the work you did in the past 15 years then the agency will proceed to evaluate whether you can do other work. However, if you are able to perform your duties as before, you will not be considered disabled. It is important that we have an accurate description of the jobs you’ve performed in the past fifteen years.
5. Can you do any other type of work? – If you can prove you can’t do your last job, the Wisconsin Disability Determination Bureau or an Administrative Law Judge will review whether you can do other work after considering your age, education, work experience, and any other skill you may have that could be used to obtain work. If you can’t do other work, the agency will decide that you are disabled. If you can do other work, the agency will consider you not disabled. If you are over 50, there are special rules that apply that may help you obtain benefits.
The above information is a condensed version of the requirements we must meet to show the Social Security Administration that you are indeed disabled. Don’t be discouraged, we can help you receive the benefits you need. Give us a call today.