Having a Social Security Disability claim denied can cause many applicants to believe that they are not eligible to receive benefits. In many instances, this is not true. At the law office of Sigman, Janssen, Sewall, Pitz & Burkham, we have successfully obtained benefits for many applicants - including those that have had applications denied previously - and we welcome the opportunity to review the details of your specific application.
Our partner Ana Burkham has over a decade of experience handling Social Security Disability claims, and our firm has been helping Social Security Disability applicants in Wisconsin for more than 30 years. If you have questions about Social Security Disability benefits, we can help find the answers with our free, initial consultation.
Call our team today at (877) 888-5201.
Am I Eligible for Disability Benefits?
If you have a medical condition that fits the Social Security Administration’s (SSA) definition of a disability, you may be eligible for SSD benefits. Under this definition, you may be considered disabled if you have a physical or mental impairment that is expected to result in your death or last a minimum of 12 months. The disability must also prevent you from engaging in substantial gainful activity (SGA).
Children under the age of 18 may also be considered disabled if they are suffering from a physical or mental condition that severely limits their activities and is expected to cause death or last at least 12 months.
The SSA has a list of conditions that often qualify for benefits. However, even if your condition is not on this list, you may be eligible for benefits if your symptoms fit the criteria for one of the listings.
Each disability claim is unique, and it can be helpful to discuss yours with an Oshkosh Social Security Disability lawyer. Our law firm has more than 30 years of experience helping people obtain Social Security Disability benefits.
We can discuss whether we think it is in your best interest to apply or appeal a denied claim and the benefits you may be eligible to receive.
Disability Benefit Programs You May Qualify For
There are two main Social Security Disability programs you may qualify for, depending on your financial resources and work history:
- Social Security Disability Insurance (SSDI) and;
- Supplemental Security Income (SSI).
Social Security Disability Insurance
This program is for individuals who have disabilities that prevent them from working in their current field or any other. You may not be eligible unless you have worked a minimum of five of the last 10 years and have earned enough work credits based on your age. Many applicants need at least 40 work credits.
It can be difficult to understand the eligibility requirements for this program. That is why it helps to discuss things with a qualified lawyer. An experienced Oshkosh Social Security Disability lawyer from our firm can go over the work credit requirements and the rest of the SSDI program.
Supplemental Security Income
When people do not have enough work history to qualify for the SSDI program, they may qualify for the SSI program, which is meant for those with limited income and resources. There are specific financial requirements for individuals and couples and specific rules on what is counted as income. Anyone who meets these requirements could be eligible for the SSI program, no matter their age.
There are also benefits available for widows and widowers who are at least 50 years old and their spouse died in the past seven years before they became disabled. The SSA also has a program for disabled adult children who are at least 18 and became disabled before turning 22.
If you are unsure about the program that is suitable for your claim, call our team of professionals today at (877) 888-5201.
Applying for Disability Benefits
There are many documents that are required when applying for disability benefits, which can be confusing for many applicants. At Sigman, Janssen, Sewall, Pitz & Burkham, we can help to obtain the information that is needed for your application, and ensure that the application is completed correctly.
Some of these documents include:
- Social Security number
- Proof of your age
- Names of all medications and dosages
- Lab and test results
- Summary of where you worked and what kind of work you did
- Most-recent W-2
- Medical records from the various doctors who have treated you
- Names and addresses of doctors, caseworkers and hospitals where you were treated
- Proof of citizenship
Many applications are denied due to applicants submitting incomplete or incorrect information. To prevent this, you may like to contact our team today, for help filing your application.
We have many years of combined experience helping people with disabilities navigate this complicated process. Your consultation is free, and we do not charge any upfront fees for representing you.
Call us today at (877) 888-5201.
Appealing a Denied Claim
Following a denial decision from the Social Security Administration, denied applicants have 60 days to begin the appeal process.
The Social Security Disability attorneys at Sigman, Janssen, Sewall, Pitz & Burkham have many years of experience re-filing denied applications. We understand what to include in an appeal request and will ensure that the documentation is filed in a timely manner.
The four parts of the appeal process include:
Request for Reconsideration
This is a complete review of your claim by Disability Determination Services (DDS). A medical consultant and examiner who were not involved in the first review of your claim will review your claim to determine if your denial should be overturned. This could take up to three months. If your denial is not overturned, you will be notified that you have the option of moving to the next step.
Administrative Law Judge Hearing
You have 60 days from the denial of your reconsideration request to ask for a hearing before an Administrative Law Judge (ALJ). The hearing will involve testimony from both sides, including from witnesses. The judge will review that, along with the facts of the case and determine if your claim should be approved. A decision is usually issued within 30 days.
This is the next stage of the appeals process if your denial is not overturned by the ALJ. The council will decide whether to review your case and then whether to overturn the denial. However, the council can only overturn a denial if it finds specific problems with the ALJ’s decision.
Lawsuit in District Court
The final step in the appeals process, if you still have not overturned the denial, is to file a lawsuit in district court. Your case will be heard by a federal judge.
The appeals process can be a long, daunting and overwhelming experience. Having a qualified attorney by your side may be extremely beneficial to your situation. Learn more about how an attorney can assist you throughout this process by calling (877) 888-5201.
Contact an Oshkosh Social Security Disability Lawyer
The Oshkosh Social Security Disability attorneys at our law firm are able to handle every step of the Social Security Disability application process - from filing documents to gathering evidence and representing you at appeal hearings.
We have a proven track record of success with Social Security Disability claims and decades of combined experience. Our initial consultation is free of charge and there are no upfront costs for having us represent you. We only collect money if we obtain benefits.
Call us today at (877) 888-5201.