Social Security Disability Lawyer in Lafayette

If your application for Social Security Disability (SSD) benefits has been denied, you may like to consider seeking assistance from a qualified lawyer. At Galloway Jefcoat, our experienced personal injury lawyers in Lafayette have extensive knowledge of the Social Security Administration’s (SSA’s) eligibility requirements and the appeals process.

Contact our law offices anytime, day or night, to schedule a free case review to discuss your denied application. We charge nothing for the case review, and there is no obligation to work with our firm. If we represent you, there are no upfront costs. Our Social Security Disability lawyer in Lafayette has been assisting Louisiana residents for more than two decades.

The Different Types of Social Security Disability Benefits Programs

Social Security Disability is meant to provide individuals who cannot work with a way to meet their financial needs. As a federally regulated program, every person who wishes to apply for and receive these benefits must demonstrate their need for them and their right to them. Our Social Security Disability Lawyer in Lafayette often works with people who qualify but do not know it.

This is one of the reasons we encourage you to speak to us during a free consultation. We will go over the various types of disability programs available to determine which one best suits your situation. The information provided below can help you start to understand your expectations.

Under the SSA, there are four main disability benefits programs that you may qualify for. Our attorneys can discuss these different programs and the requirements of each in more detail in a free case review.

Social Security Disability Insurance (SSDI)

An individual may be eligible to seek SSDI benefits if they become disabled, have worked at least five of the past ten years, and can provide evidence that they are unable to continue working.

Supplemental Security Income (SSI)

If an applicant meets the SSA’s criteria for disability, has a low income, and does not have the required work history, they may be eligible for Supplemental Security Income (SSI) benefits. Applicants for these benefits must meet asset limits set by the Social Security Administration to qualify.

Benefits for Disabled Widows or Widowers

Individuals who are 60 years or older and became widows or widowers after the death of a spouse may qualify for these benefits. If the individual also has a qualifying medical condition, that minimum age may be reduced to 50 years. All other eligibility requirements remain the same.

Benefits for an Adult Disabled Child

An adult child between the ages of 18 and 22 with a severe medical condition may be eligible for disabled adult child benefits if they have a qualifying medical condition, their daily activities are limited by that medical condition, and the medical condition is expected to last for at least 12 months or more or be fatal.

What Documents Do I Need to Support My SSD Application?

If you have become disabled and plan to seek Social Security Disability benefits, you will need to gather the following documents before beginning the application process:

• Birth certificate
• Proof of citizenship
• Social Security card
• Latest tax return or W-2
• Documented work history
• Marriage certificate (if a spouse also applies)
• List of all prescribed medications you take, along with the daily dosages
• Medical records that document and are related to your disability
• Name, address, and contact details of the health care facilities that have treated you

Seeking SSD benefits is a challenging and complicated process. If you have already applied and been denied, our Social Security Disability attorneys may be able to help you with an appeal.

How Do Applicants Qualify for Social Security Disability Benefits?

There are several criteria applicants must meet to qualify for disability benefits. If you can answer “yes” to the following questions, you may qualify for benefits:

• Do you have a disabling condition that is estimated to last a minimum of 12 months or cause your death?
• Are you unable to do the work that you previously did?
• Are you also unable to perform any other type of work?
• Do you have a disabling condition that meets the criteria included in one of the SSA’s listed conditions?

You may qualify for benefits if you are still working. However, your average earnings must not exceed the monthly limit set by the SSA in the year you are filing. Minors may also be eligible to seek disability benefits if they have a qualifying physical or mental condition that is likely to end in death or continue for at least a year or more and severely limits their daily activities. 

If your application has been denied, our experienced lawyers may be able to help you file an appeal. 

The Process of Applying for Social Security Benefits

There are very specific steps to follow when applying for Social Security Disability benefits, and failing to follow them to the letter makes it unlikely the agency will consider your claim. Delays are common, rejections are more common than approvals, and victims often find themselves waiting far too long for help.

Whenever possible, we suggest gathering information about your injury and qualifications, then speaking with our Social Security Disability benefits attorney. When you hire an attorney to help you, one with specific skills in applying for and navigating these cases, you reduce the risk of unfair denials and delays. Our team is always available to help.

The following steps are typically necessary to obtain Social Security Disability benefits under the law. We encourage you to contact our legal team as soon as possible to get this process started. Most people can expect the following:

Prepare the Necessary Information

You will need to gather Social Security information to present to the administration. This includes all Social Security numbers for those who are a part of the process, as well as birth certificates and other forms of identification. 

If you have not done so yet, you will need to meet with a doctor who can provide clarification on your diagnosis. You also need to have your medical records, your doctor’s contact information, and your recent work history, if any.

Submit the Right Application

There are several potential applications that may be relevant to your situation, depending on the type of disability benefits you are applying for right now. Typically, you can fill out the Adult Disability Report and application online, by phone, or at a local office. Remember that we recommend allowing us to handle this process to minimize complications later.

Submit a Medical Evaluation

Your documentation of your injuries and illness may not be enough. Most of the time, the Social Security Administration will review all of the non-medical eligibility aspects of your case first, such as verifying your work credits. They will then send the case to the state’s Disability Determination Services division for careful consideration. This typically involves a medical assessment conducted by their professional.

A Decision Is Made

All information from the examination is sent directly to the Social Security Administration. They will review this information and then provide you with a decision. Most of the time, this decision is sent to you in writing, with clarification on what is being presented. 

If the agency approves your right to disability benefits, you will begin to see them arrive after a five-month waiting period.

Respond to Those Decisions

In situations where a person receives a denial for benefits, which is not uncommon, you will also receive information about appealing the decision, including the timeline you have to act. You can send a Request for Reconsideration to the Social Security Administration within 60 days of your decision being made to ask for reconsideration. 

This could lead to a hearing with the Administrative Law Judge in some situations. Do not wait to seek this help.

Always Consult an Attorney

At any step in this process, a Social Security Disability attorney in Lafayette becomes your advocate. We guide you in meeting the agency’s expectations while also protecting your right to privacy.

Common Reasons SSD Applications Get Denied

Applications for Social Security Disability benefits are often initially denied. Often, however, it may simply be because the applicant is unfamiliar with the process or forgot some of the required documentation. There are many other valid reasons that an applicant’s SSD application could be denied, including:

• The disabling condition is temporary and will not last a year or become fatal
• The applicant did not follow their doctor’s plan of care
• There was insufficient evidence to support the applicant’s claim of disability
• The applicant did not have sufficient employment history to supply the necessary work credits
• The income of the applicant exceeded the monthly substantial gainful activity allowance (SGA)
• The applicant failed to cooperate with the SSA, such as when the SSA requested a medical exam
• The applicant’s disability stems from drug or alcohol abuse

Even if your disability is caused by an addiction, you may still be able to qualify for benefits. Regardless of what caused your disability, however, it is important to be completely honest and straightforward about your situation. Those who lie or exaggerate about what happened are usually found out, resulting in a claim being denied. Speak with a Lafayette Social Security disability attorney at Galloway Jefcoat today.

You Must Act Quickly to Appeal a Denied Claim

If your claim is denied, you have only 60 days from the date of your denial decision to start an appeal. If your claim was denied, call our firm right away to see how we can assist you. The initial consultation is free. The appeals process has four steps:

• Request for consideration: Your claim will get a second review by a different claims examiner, who will also take into consideration any new evidence provided by you or your attorney.
• Application for a hearing with an Administrative Law Judge (ALJ): If the reconsideration does not result in the denial being overturned, your attorney may then request a hearing with an ALJ. If your case proceeds to this step, the attorney will prepare you for questions you could be asked in the hearing. At this point in the appeals process, your attorney may also include testimony from other medical professionals or industry experts.
• Request for an Appeals Council review: A review by the Appeals Council can occur only with the council’s approval. If the council agrees with the ALJ’s decision, they may opt to reject your request for council review. Alternatively, the council may determine that the ALJ’s decision was unjust or invalid and refer the matter to another ALJ for reconsideration.
• Review by the federal court: No further evidence may be submitted for this final step of the appeals process. A judge will consider all transcripts, documentation, and supporting evidence previously submitted before entering a final judgment on your application. Your only remaining option would be to file an entirely new claim.

There is a lot of preparation that goes into the appeals process. Submissions must be on time, error-free, and include all necessary documentation to give your application the best chance for approval.

How Long Does It Take to Get Benefits

Wait times may vary by case; however, applicants should expect to receive their first payment within 30 to 60 days of approval. Many applicants may also be owed backpay – retroactive payments collected from the date of your initial application to when you received your final approval. 

Call Our Trusted Lafayette Social Security Disability Attorneys for Help

If your Social Security Disability application has been denied, we are ready to help. Our experienced attorneys at Galloway Jefcoat have experience handling Social Security Disability claims for our clients. Our team of legal professionals is ready to handle your case and guide you throughout the complicated appeal process. 

An initial consultation is free, and there are no upfront costs to retain our Social Security Disability lawyer in Lafayette. Our Lafayette office is conveniently located at 1925 Dulles Drive, less than six miles from the Lafayette Consolidated Government.