When a workplace injury has left you unable to work permanently, you may already know that you could be entitled to claim social security disability. These regular payments are intended to provide you with an income while you are unable to work for a year or more, due to either a physical or mental condition. Despite being entitled to claim this benefit, you may find that your application is denied, as numerous valid claims are initially rejected. It is understandable that this may be a disheartening and concerning experience, however, you should not lose hope. Hiring a skilled Palmdale social security disability attorney from Koszdin, Fields & Sherry could be your route to successfully appealing the decision.
The process required for appealing a rejected social security disability claim can be a long and arduous one, and one which is best entrusted to an expert lawyer with specific experience of winning similar cases. That is exactly what you will get when you choose to work with our Palmdale attorneys.
We recommend that you work with a Palmdale Social Security disability attorney from the very start of your injury or illness to avoid having your valid claim denied by the Social Security Administration (SSA). Thousands of valid claims are denied by the SSA for minor mistakes, such as missing information, misspelled words, and missing medical documentation.
An attorney will ensure that your disability claim is handled properly so you do not miss out on the benefits you deserve. Be sure to contact the experienced team at Koszdin, Fields & Sherry to consult with a Palmdale Social Security disability attorney after suffering an injury or illness on the job if it will prevent you from working for at least one year.
What Is Social Security Disability, and What Conditions Qualify?
Social Security Disability Insurance, which can also be referred to as SSD or SSDI, is designed to provide monthly benefits to those who have been rendered unable to work for a year or more, due to a physical or mental workplace illness or injury. The amount you are entitled to receive will be based on your previous payments into the system through payroll taxes, up to a maximum capped limit. In order to claim, you must be able to provide evidence of being disabled and, therefore, unable to work for at least twelve months. Although our Palmdale social security disability attorneys tend to focus on work-related SSD claims, our skills can also be applied to those claims which have arisen from other circumstances. If you need expert legal representation on an SSDI matter, we will consider your case.
Any type of physical or mental disability could qualify you for receipt of social security disability benefits, and our lawyers have successfully recovered this for all manner of circumstances. To provide some examples, the common injuries we are approached to claim SSDI for tend to include:
- Herniated disk and other back and neck injuries
- Orthopedic injuries (broken bones)
- Heart disease
- Lung ailments
- Liver failure and kidney disease
- Complications of diabetes
- Cancer
- Traumatic brain injury
- Arthritis and inflammatory diseases
- Depression and bipolar disorder
- Anxiety disorders and panic attacks
- Post-traumatic stress disorder (PTSD)
Why Are Social Security Disability Claims Denied?
Even though your injury or illness might be valid, the claim for disability benefits can still be denied by the SSA for multiple reasons. Some of these reasons include the following:
- You were unable to prove total disability
- You were unable to show that you were gainfully employed
- You have been denied disability in the past
- You make too much money
- You failed to cooperate during the process
- You failed to follow instructions for care or treatment provided by the doctor
- You do not have enough medical evidence
What is the Appeals Process for a Palmdale Social Security Disability Claim?
The Social Security disability claim appeals process begins immediately after your initial claim has been denied by the SSA. You only have four levels of appeals available to you when a claim is denied and they include the following:
- Reconsideration: Your Palmdale Social Security disability attorney will request that the SSA reconsider your disability claim within 60 days of it being denied.
- Administrative Law Judge (ALJ) Hearing: This hearing occurs in front of an administrative law judge, who will hear arguments from our attorneys and testimony from you as to why you should be granted disability benefits. It can take up to 18 months for this hearing to be scheduled.
- Appeals Council: An appeal can be submitted in writing to the Appeals Council, which is located in Falls Church, Virginia. You do not need to attend a hearing in Virginia. Our Social Security disability attorney will write the appeal and submit it on your behalf.
- Federal Court: Your file level of appeal is at the federal level. You will need to file a lawsuit in federal court in order to move forward with this type of appeal.
How Can a Palmdale Social Security Disability Attorney Help with My Claim?
Our 60 years of experience as workplace injury attorneys will stand us in good stead while pursuing social security disability relating to any illness or injury. Some of the steps we will take while working on your behalf will include:
- Reviewing and updating your medical records
- Interpreting the medical jargon used while rejecting your initial claim
- Resubmitting your claim for formal consideration
- Preparing for, and attending, an administrative law judge (ALJ hearing)
- Escalating any rejected ALJ decisions to the Appeals Court
No matter how complex your case is, or becomes, you can be certain that your case is in good hands when you hire a social security disability attorney from our firm.
We do not recommend filing a disability claim with the SSA unless you have a Palmdale Social Security disability working with you. Having an attorney on your side when filing a claim instantly increases your chances of the claim being approved by the SSA and you receiving benefits for your injury or illness. Our team is dedicated to fighting for your right to compensation when out of work for at least a year due to an injury or illness on the job. Contact us at your convenience.
For your free initial consultation, call us today at 800-747-3447.
