At Tabak Law, we understand that every case has a real person behind it facing a difficult situation. Applying for Social Security Disability Insurance (SSDI) can be a challenging process, especially if you are dealing with a serious health condition. Our goal is simple: to help our clients transition from hardship to hope by providing results with compassion, integrity, and exceptional legal expertise.
Who is Eligible for SSDI Benefits?
The Social Security Administration has strict legal criteria for determining whether someone is disabled. Not all medical conditions qualify. To receive SSDI benefits, you need to meet both medical and non-medical requirements set by the SSA.
How Does the SSA Define Disability?
According to the Social Security Administration’s (SSA) definition of disability, a person’s condition must meet three main medical criteria to qualify for disability benefits:
- The condition must be severe. It must significantly affect the person’s ability to perform basic work-related tasks. This means the condition limits their ability to carry out normal daily activities and prevents them from performing their previous job.
- The disability must have lasted or be expected to last for at least a year or lead to death. Temporary disabilities are not eligible for Social Security Disability Insurance (SSDI). The SSA needs evidence that the condition is chronic.
- The person must be unable to engage in any substantial gainful activity. This is a crucial test. The SSA evaluates whether the person can return to their previous job from the last 15 years or adapt to another type of work based on their age, education, and work history.
Most initial applications for Social Security Disability Insurance (SSDI) benefits are denied. This is often because the Social Security Administration (SSA) believes the applicant can return to their previous work or find other employment. An experienced Social Security Disability Income (SSDI) lawyer can help challenge this decision by providing specific evidence about the applicant’s work history and any limitations they may have.
What are the Non-Medical Requirements for SSDI?
Unlike need-based programs, SSDI is an insurance program that you contribute to through payroll taxes. The main non-medical requirement for eligibility is earning enough work credits. You earn these credits based on your annual income, with a maximum of four credits earned per year.
Generally, you need 40 work credits, 20 of which must be earned in the last 10 years ending with the year in which you became disabled. Younger workers may qualify with fewer credits, as the Social Security Administration’s work credits chart provides specific details based on your age.
The Medical Assessment: Understanding Your RFC
The SSA assesses your functional limitations through a Residual Functional Capacity (RFC) evaluation. This is an essential part of your medical examination. The RFC provides information about what you are still able to do despite your disabilities, such as how long you can sit, stand, walk, or how much weight you can lift. For example, you may be restricted to sedentary work.
Your request for Residual Functional Capacity (RFC) will be determined after reviewing all relevant medical information about you. The more complete and accurate your medical records, the more accurately your RFC will be able to be determined. A letter of support from your treating physician can greatly increase your chances of approval, as their opinion on your limitations carries significant weight.
How to Apply for SSDI Benefits
You have three ways to apply for SSDI:
- Online: This is often the easiest and most convenient way. You can start your application on the Social Security Administration’s (SSA) website.
- By Phone: Call the SSA’s national toll-free number at 1-800-772-1213.
- In Person: Schedule an appointment at your local Social Security office in Wisconsin.
During the application process, you will be required to provide a variety of information, including:
- Medical History: Names, addresses, contact information, and dates of treatments for all doctors, hospitals, and clinics where you have received medical care.
- Employment History: A detailed description of all positions held within the past 15 years, including the start and end dates of employment, as well as any relevant information about the nature of the work performed.
- Personal Details: Your Social Security number, date of birth, and any relevant tax forms or documents such as W-2s or tax returns.
Why You Need an SSDI Attorney
The application process for disability benefits can be complex and technical, and many initial claims are often denied due to a lack of medical evidence, incomplete information, or errors in the application. If your initial claim is denied, you have the right to appeal the decision. This process includes a hearing before an administrative law judge, where skilled legal representation can make a significant difference.
At Tabak Law, our team of experienced attorneys understands the intricacies of Social Security Administration (SSA) rules, including the transferability of work skills and the Medical-Vocational Guidelines. We know how to gather crucial medical and vocational evidence to build a strong case. Additionally, we can effectively advocate for your interests at the hearing.
Contact the SSDI Lawyers at Tabak Law
With nearly $300 million recovered for over 10,000 clients, we’re proud to fight for the people who rely on us. If you’re unable to work due to a disability, don’t go through this difficult process alone.
Contact the experienced SSDI attorneys at Tabak Law today for a free consultation. Our team will help you understand your rights and guide you through every step of your journey from hardship to hope.