Dixon & Johnston, P.C.

Understanding Why You May Be Denied Social Security Disability Benefits

Social Security disability benefits only pay for total disability, meaning that they are not available for partial or short-term disability payments. The United States Social Security Administration considers you to be disabled if your injuries prevent you from doing the same work you did before the injury, your injury has lasted more than a year, and your injury prevents you from adjusting to other work. If you fail to meet these criteria or you don’t file your claim properly, the Social Security Administration has the right to deny your benefits.

You don’t meet the criteria

The most important factor that the Social Security Administration considers when assessing if you qualify for Social Security benefits is whether or not you can still maintain employment. For this reason, you need to show the agency that your injuries or illness prevents you from doing the same work you did before and that you can’t adjust to another line of work. You also need to prove that your disability has lasted or will last for a minimum of one year.

You didn’t provide sufficient documentation

In order for the Social Security Administration to understand the full extent of your disability, you need to submit documentation from your physician. This will help the SSA understand the credibility of your claim that your disability is preventing you from working. At the same time, you need to follow all of your doctor’s orders in terms of treatment and medication requirements.

You had filing errors

If your application is denied, you will likely need to appeal your case at an ALJ hearing. To prepare for this hearing, you need to gather your most up-to-date medical records and a statement from your doctor. You should also take this time to look through your original claim for any missing medical records or mistakes made in your file.

You can learn more about qualifying for Social Security disability by contacting Dixon & Johnston, P.C. at (618) 207-3770. Our attorneys focus on specific areas of law to ensure that our clients get the specialized representation they deserve. We are located in Belleville, IL and St. Louis, MO.

Anxiety-Related Disorders That May Qualify for Disability Benefits

Many people only associate disability benefits with physical disablement, but there are also certain mental disorders that qualify under the Social Security Administration’s eligibility requirements. In particular, anxiety disorders that impair an individual’s ability to return to work can qualify for coverage. These anxiety disorders include phobic disorders and obsessive-compulsive disorders.

In order to qualify for anxiety-related disability, you need to show medical documentation that you exhibit three out of four of the following symptoms: motor tension, autonomic hyperactivity, apprehensive expectation, or vigilance and scanning. You may also need to show a persistent irrational fear of certain objects, activities, or situations. The Social Security Administration will examine this documentation to determine if your anxiety-disorder inhibits your ability to return to work or to seek employment elsewhere.

Call (618) 207-3770 to speak with the Social Security attorneys at Dixon & Johnston, P.C. Our attorneys have specialized knowledge handling Social Security claims, including SSDI and SSI claims.

A Look at SSDI vs. SSI

The United States Social Security Administration regulates both Social Security Disability Insurance and Supplemental Security Income payments. Even though these programs sound similar, they vary considerably in the kind of individuals they cover and the payment plans they offer. In order to fully understand which program you qualify for, it’s crucial that you meet with an attorney who has significant experience handling matters in Social Security law.

Eligibility

In order to qualify for Social Security Disability Insurance, you need to meet the disability qualifications as well as show that you have paid Social Security taxes and are therefore insured for benefits. Qualifying for Supplemental Security Income requires you to show that you have a limited income, limited resources, and are a United States citizen. You can apply for SSI benefits if you are an adult or child with a disability or if you are an individual over the age of 65.

Payment

The monthly payment you receive through SSDI is based on your record of Social Security earnings during your time of employment. Payments under SSI, on the other hand, are based on your need and will vary up to the maximum federal benefit rate. In some states, additional money is added to the limit of federal SSI payments. However, this amount might be lower if you do in fact still have work income.

Medical Coverage

If you qualify for SSDI, you will receive Medicare coverage automatically after two years of receiving your disability payments. In most states, you will be automatically eligible to receive Medicaid if you also receive Supplemental Security Income. The main difference between these two coverage programs is that SSDI pays you and your family members if you are insured through Social Security taxes, while SSI is based solely on financial need.

Dixon & Johnston, P.C. can help you understand your Social Security disability qualifications. Each of our attorneys focuses on a particular area of law to ensure that our clients get the quality, specialized legal representation they deserve. Call us today at (618) 207-3770 to learn more.

Determining Eligibility for Social Security Disability

The Social Security Administration offers three different kinds of disability benefits: benefits for disabled workers, benefits for widows, and benefits for disabled adult children. Each of these categories has its own set of qualifications for determining SSD eligibility. In addition, the SSA also outlines the age limit and number of credits these individuals need to stay eligible for Social Security Disability.

In this video, you will learn more about each of these three categories of disability coverage. Interestingly, divorced spouses of deceased workers as well as widows can collect SSD benefits at the same time. However, the amount of disability individuals are eligible for depends on the credits accumulated and the age of the beneficiaries.

Would you like to learn more about Social Security Disability? Contact Dixon & Johnston, P.C. at (618) 207-3770 or by visiting us at our website.

Exempt vs. Non-Exempt Assets

Chapter 7 bankruptcy is sometimes referred to as “straight” or “liquidation” bankruptcy because it involves the sale of your non-exempt assets to cover a portion of your debt. After your non-exempt assets are sold and a portion of your debt is paid off, you will no longer be responsible for the remainder of your debt obligation. The overall process takes between four to six months and typically only requires one trip to the courthouse.

You can only qualify for Chapter 7 bankruptcy if you have not already received a bankruptcy discharge in the past six to eight years or if you don’t qualify for a repayment plan under a Chapter 13 bankruptcy petition. To begin the process, you will need to first attend credit counseling from a United States Trustee approved agency. Next, you will need to provide a complete list of your property, current income and monthly living expenses, as well as total debt. Property that will be exempt from sale includes clothing, household furniture, Social Security payments, and sometimes the equity in your home.

To learn more about qualifying for Chapter 7 bankruptcy, schedule a meeting with Dixon & Johnston, P.C. You can reach us at (618) 207-3770 or through our website.