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Suffering from a disability can bring you many frustrations and uncertainty. When an individual suffers a life-changing event that inhibits their ability to function and support themselves or their families financially, it can be a cause of stress and strain on their relationships and their outlook.
The government, through its Social Security Disability programs, provides the possibility of relief for individuals that are unable to work and earn a living due to a disability. If you have a disability that will last for at least one year, you may seek monthly benefit payments from the Social Security Administration if you qualify.
For those suffering from physical and/or mental disability, working may no longer be an option. Those facing an inability to work must often confront hardships, which include dealing with the condition preventing them from working, coming to terms with the humbling experience of not working, and struggling to pay their bills. Fortunately, those who are unable to work due to disability can sometimes find relief through Social Security Disability. In place of employment, Social Security Disability Insurance (SSDI) provides a source of income for those who qualify. Additionally, Supplemental Security Income (SSI) is a government program that pays benefits to disabled adults and children who have limited income and financial resources. Call Nicolet Law Accident & Injury Lawyers at 1-855-NICOLET to schedule a free consultation about your SSDI or SSI claim. We have convenient office locations in Hudson, Eau Claire and Woodbury. Let us explain the process for:
We will do everything possible to help you recover and rebuild when you suffer from a disabling condition or injury. This includes guiding you through the complicated SSDI and SSI processes, filling out forms and accurately describing your condition (which increases the likelihood that your claim will be accepted), and fighting for you if your claim is denied.
Social Security Disability is available to people who suffer from various disabilities, including impairments related to:
There is a wide range of disabilities that can make an individual eligible to qualify for Social Security Disability benefits. A disability by definition of the Social Security Administration must fall into one of their qualifying conditions and must last for a minimum of one year for an individual to be eligible for approval.
Individuals who recently sustained an injury or illness that qualifies as a disability may mistakenly believe they must wait a year to apply for benefits. That is incorrect. You can apply at any time you discover that you have a qualifying disability if that disability will likely last more than one year.
As part of the application process and review of your claim and documentation, the representatives of SSA will look closely at the likelihood of recovery within a year. If you can show that your disability will last for at least a year, you will meet that qualification portion for eligibility.
Physical, neurological, or mental disabilities may qualify you for benefits.
The Social Security Administration has an expansive and very specific list of all conditions that may qualify you for disability benefit payments, including in categories such as:
The timing of your application for disability benefits will set the timeline for your benefit payments if you receive approval of your claim for benefits. While many individuals may hesitate to complete an application shortly after the discovery of a debilitating illness or injury, it can be in your best interest to take action early if your recovery is unlikely within a year. The moment you realize that your disability will interfere with your ability to work, call us about filing a benefits claim.
Keep in mind that after approval for Social Security Disability benefits, there is a mandatory five-month waiting period before you receive any benefit payments. In this situation, you will receive payments in the form of back pay for the months of disability in the waiting period.
Once you enter your sixth month of disability, you will receive your monthly benefit payment plus the money in back pay for the period in which you were waiting for the waiting period to elapse or if your determination takes longer than the five-month waiting period any time since the date you claim your disability began on your application.
Due to the time it can take to receive a determination for a Social Security Disability Benefits claim and the mandatory waiting period, it is best to begin an application with the help of an attorney as soon as you are aware of your disability and can no longer work to support your needs.
Contact a Wisconsin Social Security Disability attorney as early in your case as possible. If you have not yet completed a claim application, you should wait to do so with the assistance of a lawyer that will guide you and represent you through the entirety of the process.
The experience and knowledge of an attorney during the completion of the application will benefit you to make sure you do not make any mistakes or miss critical information that will be necessary to process your claim. Hiring an attorney at the outset of a disability claim will help you avoid unnecessary delays and possible complications that may arise from problems with an initial application.
If you already completed the application for a benefit claim but did not yet receive a decision on your benefits, you can still seek the help of an attorney for your case. Although it is not the ideal circumstance, in many cases the attorney can still review the application you have sent and step in as your representative for any further requests or deadlines that come up in your case. A disability attorney can still help you build support for your claim and provide additional evidence or documentation if necessary.
If you receive a denial of benefits for a claim application you completed on your own, you can still request the help of a social security disability attorney. At this point, a significant amount of time has likely passed since your initial application. However, an attorney can review your denial and original application to see if there is a possibility to file for an appeal or reconsideration of the decision in your case.
Many claims for benefits receive denials not because the claimant does not have a valid claim but because there is missing information, evidence, or mistakes that do not allow a reviewer to enter an approval on the claim.
Your lawyer can help you identify what if any flaws in your application may have led to the denial of your claim and file an appeal for your case to go under review again and allow you to provide anything else that can substantiate your claim for disability and proof of your inability to pursue employment at this time.
Nicolet Law Office is ready to help workers who have been injured on the job or as a result of workplace activities, as well. We will determine whether your injury and disability qualify you for Wisconsin workers’ compensation and also assist you with applying for SSDI benefits you may be entitled to receive, in the event you cannot return to work. Typical work-related disabilities include:
While SSDI is tied to income and work history, SSI is considered a financial supplement. These benefits can be paid to any age group as long as minimum financial requirements are met. Additionally, the recipient must prove that he or she cannot work while suffering from a qualifying physical or mental disability such as heart disease, cancer, lupus, anxiety or depression.
Between 60 and 70 percent of claimants receive a denial of benefits notice after their initial application for Social Security Disability Benefits. Unfortunately, many of these denials are on grounds other than the validity of the claim. Many people miss out on benefits not because they are ineligible but because of issues in their application or abandonment of their claim after the notice of denial.
The reality is that individuals that suffer from disabilities and take the time to file for benefits are often in desperate need of money to survive and support their financial needs while they are unable to support themselves.
A lawyer will only receive payment for their services to you if you are successful in your claim. You will have no upfront costs and little risk in obtaining a lawyer to represent you through the claims process, but you have a much higher risk going forward without one.
Most applications for denials of benefits in social security disability claims are for individuals that attempt to handle the claim on their own. The reality is that dealing with a government agency such as the SSA can be tedious, confusing, and difficult to get right.
Don’t give up hope if your initial claim for SSDI or SSI benefits has already been denied. You have the right to appeal your case through the administrative courts. The Social Security Administration (SSA) reports that as high as 65% of all initial claims are rejected, often because of minor details or missing information. Bring your denied claim letter to us. We will review your application and start work immediately to help you with an appeal.
By federal law, attorneys may only receive fees if they are successful in helping their clients receive benefits. The amount of money you pay will be restricted to a percentage of the money you are owed by the government, dating back to your date of eligibility. You will never pay additional money out of any future benefit payments you receive.
A lawyer’s role in a Social Security Disability Claim is to protect your rights and ensure you do everything right when you file for your disability benefits. The process of filing for disability benefits is time-consuming and there are many requirements that you must fulfill in addition to the initial paperwork and application.
Failure to meet the demands of the Social Security Administration, follow their procedures, or miss a deadline can result in the denial of our claim. It is your lawyer’s job to navigate this challenging process with their know-how and resources to give you the best opportunity at the approval of your application for benefits through appeal.
Your Wisconsin Social Security disability attorney may take the following actions to appeal your claim:
The first step at the outset of your case will be for your attorney to look closely at your application for benefits. Your lawyer will look for any mistakes, missing information, or contradicting or confusing information that could contribute to the reasoning for the denial of your claim.
Your attorney will also review your denial notice to understand the grounds for which your claim did not proceed to approval. Sometimes the SSA only provides one reason for denial in a notice, but we might find and address other problems in your application or the documentation and evidence that you did or did not provide to support your claim.
It is not enough to claim that you suffer from a disability and that you are unable to work. You must support your claim with substantial evidence that is clear to the reviewers in the Social Security Administration of your disability and the way your disability prevents you from working now and in the foreseeable future.
The first step in the evidentiary requirements set forth by the SSA is to establish that a disability exists through medical evidence that a claimant must provide. Your lawyer will help you contact all of your past and existing medical providers to gather the best evidence of the information that the representatives reviewing your claim are looking for.
After the SSA determines that you in fact qualify for a disability, they must determine the effects of that disability on your daily life and ability to maintain employment. The SSA will look at all evidence that you provide to support how your disability affects your way of life.
Unlike the evidence to prove your disability, which must come from medical sources, this evidence can come in the form of any witnesses that can verify your condition and testify to your abilities, such as friends, colleagues, family, employers. Your attorney will take the time to collect as much information as possible, to meet the requirements of the reviewers of your case.
The process of awaiting a decision on your claim for social security disability benefits will take time. For cases that go smoothly with no need for appeals or reconsideration, most approvals can take several months. In cases where you receive a denial of your claim and must then begin the appeals process, it can drag for considerably longer.
Your attorney will keep you in the loop of the requests and updates that take place on your file and let you know when things may change or when to expect a decision. If you receive approval, your lawyer will help you to understand the date you can expect your first benefit payment, as well as any back pay you may be eligible for.
It is common for someone awaiting a decision on their disability benefits to ask what they can do to help their claim or application for benefits. The best thing you can do to give you the highest likelihood of approval of your benefit claim is to continue to follow the treatment and advice of your medical team. Whether it is therapy, rehabilitation, medication, or other treatments, you must do everything in your power to give your body the best chance to heal and recover.
If you or a loved one is considering filing for benefits under the Social Security Disability programs or you have a denial of benefits against you, a Wisconsin Social Security Disability lawyer can help you fight for the benefits you deserve.
The legal professionals at Nicolet Law Office, can help you in your fight for the Social Security Disability benefits you are entitled to receive. Call 1-855-NICOLET or contact us by email to find out how Nicolet Law can help you.
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