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Why Do People Need a Wisconsin SSDI Attorney? A Fresh Look at an Old Problem

October 24, 2020

Although the Social Security Administration operates on the federal level, and both SSI and SSDI are federal benefits, the challenges for accessing these benefits vary from state-to-state. A Wisconsin SSDI attorney can be a great help in some of these situations. Each state has different advocacy groups and different resources available to people who need these better. The trouble in Wisconsin is that all too often the disabled citizens are put at the bottom of the list when it comes to basic needs and support.

Many local Disability Advocates in Milwaukee have acknowledged the major gap in support and systemic relief for the disabled community. However, changes have not happened in the last few years as they were promised for Milwaukee and the surrounding areas. Many more people are seeking out the health of Supplemental Security Income or Social Security Disability Insurance attorneys because they don’t have another option. A Wisconsin SSDI attorney is a good choice for those living in this state. This isn’t providing the necessary support for someone to apply correctly or understand the appeals process without legal counsel.

Wisconsin Rejection Rates

Although the improvement is minor, it is well worth noting that Wisconsin rejection rates are decreasing.  In 2018, the initial applicant approval rate was 37%, and in 2019 that grew to 40%. Now a little more than halfway through 2020, we’re seeing a steady initial application acceptance rate for SSDI at 41.2%.

The trouble for many though is that 53.7% of Wisconsin SSI and SSDI applicants still go through the hearing process. An additional 23% goes through the reconsideration process, which means that more than half of applicants will have to push through an appeal and present is not only medical evidence, but the full scope of their disability.

The Wisconsin hearing approval rate is about 53%. That means that 53% of people go to a hearing and receive approval when they could have received that approval without the hearing.

Who Actually Qualifies for SSDI or SSI Benefits

SSI benefits are very straightforward and there are clear requirements. To become eligible for supplemental Security income the person must be over the age of 65, blind, or permanently disabled. Now, after meeting those initial requirements they must also experience a limited income, limited resources, be a US citizen or national, be a resident in the US,  and a few other requirements.

However, the trouble isn’t with SSI applicants, the trouble is for SSDI applicants. Applying for SSDI proves troublesome for almost every applicant. First, applicants must prove that they are disabled or will remain disabled for at least 12 months. That means anyone who is out of work for seven or eight months because of surgery cannot receive SSDI. Second, applicants must also prove that they’re disabling injury or condition prevents them from working with reasonable accommodation.

For example, if someone has experienced extensive hearing loss but their employer provides reasonable accommodation then that person would not qualify. Additionally, conditions that may come and go or have rough spells and good spells usually don’t qualify. The hottest topic of debate when it comes to conditions that allow people to work sometimes and not other times include cancer and MS.

Cancer is the primary example, the Social Security Administration is taking the stance that when not receiving chemotherapy or alternative forms of treatment the person should be well enough to work.  This stance has resulted in many people not being able to access SSDI benefits that they need because of the dramatic toll cancer can take on the body.

Because of the nuances surrounding SSDI requirements, many people receive a rejection. If you do, it may be time to contact a Wisconsin SSDI attorney.

Will You Need Help from a Wisconsin SSDI Attorney?

If you’re planning on applying for Supplemental Security Income, or benefits through Social Security Disability Insurance, then you will probably need legal help. Contacting a Wisconsin SSDI attorney at Tabak Law is one way to ensure that you complete the application as accurately and wholly as possible. This guidance can help manage issues in the application process that lead to an immediate denial.

From incomplete applications to ongoing medical care that may reflect updates in your medical history from the time you apply to the time your application is up for review frequently results in denials. It’s clear that not everyone can complete these applications independently, especially someone undergoing medical treatment or needing support from the Social Security office.  We see these issues and know that you need help and the state should offer that help. A Wisconsin SSDI attorney at Tabak Law is ready to help you prepare your application and fight any appeal that comes up.

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