If you’ve been denied Social Security benefits, Jim Walker and Associates, PLCC wants to help you get the benefits you deserve!
Social Security Disability (SSD) benefits are available for claimants younger than age 65 suffering from a disability that has lasted or will last at least 12 months (or will result in death). To be found disabled, the claimant must suffer from a disability that renders the claimant’s residual functional capacity (RFC) less than or equal to the maximum exertional RFC for their particular combination of age, education and work experience delineated in the Social Security Administration’s Medical-Vocational Guidelines. If you have worked enough to gain sufficient work credits, you are eligible to apply for SSD. Supplemental Security Income (SSI) benefits are available for the disabled, blind, and persons over age 65 that meet SSD’s requirements under the Medical-Vocational Guidelines and also meet SSI’s income and asset requirements. Some people will qualify for both SSD and SSI. Both programs pay monthly income benefits and health care expenses. Both programs have deadlines that can strip you of eligibility, so don’t delay applying any longer than necessary.
There are four levels of administrative adjudication of Social Security claims. They occur as follows
(1) Initial Determination, then approximately 120 days pass, (2) Reconsideration Determination, then approximately 90 days pass, (3) hearing before an Administrative Law Judge, then approximately 530 days pass and (4) review by the Appeals Council.
Historical data shows that out of 1,000 claimants applying for disability benefits, approximately 50% are ultimately found disabled. Nearly all of the remaining claims are abandoned. Over 33% of those 1,000 claimants simply give up and abandon their claims after their initial denial, without appealing. Claimants appealing their denials are successful 15% of the time at the Reconsideration Determination level and 55% of the time at the Administrative Law Judge level. If you have been denied benefits, don’t give up – call us instead!
Social Security can and does call their own expert witnesses in your case who cross examine you. Don’t face this without a lawyer. We will prepare your case, order your records, research the regulations to determine whether you are presumed disabled, go to the hearing with you and cross examine their expert.
The earlier we get involved, the better we can help you.