When Your Back Is Against The Wall
South Carolina Social Security Disability Attorney
Helping Clients Throughout South Carolina Secure SSDI Benefits
Are you seriously disabled and unable to work? You may already be aware of the Social Security Disability Insurance (SSDI) program, in which case you are probably also aware that actually obtaining SSDI benefits can be extremely challenging.
Our experienced South Carolina Social Security disability lawyer can help you understand your options and assist you with seeking any benefits you are entitled to based on your medical condition and work history. We will work closely with you to understand your specific situation, gather all necessary evidence, prepare your application, and represent you in communications with the Social Security Administration (SSA). While getting the disability benefits you deserve can be a long process, we aim to make it as straightforward and painless as possible and are committed to securing a successful outcome.
Get your Social Security disability questions answered today by requesting a free initial consultation. Call 919-342-1368 or contact us online to get started.
Who Qualifies for Social Security Disability Insurance?
First, it is important to recognize the difference between SSDI and Supplemental Security Income (SSI). While both are managed by the SSA and offer financial assistance to those with disabilities, SSDI and SSI are two distinct programs with differing eligibility criteria.
SSI is a means-tested program aimed at individuals who have limited income and resources, including those who may not have worked or have insufficient work credits for SSDI. The SSDI program is designed for individuals who have worked and paid Social Security taxes, providing benefits based on the recipient’s earning record. Eligibility is determined in part by the amount of work credits accumulated over time.
To be eligible for SSDI benefits, you must generally meet each of the following conditions:
- You have a qualifying disability that prevents you from working
- Your disability is expected to last at least one year and/or is terminal
- You are under the age of 65
- You worked at least five of the ten years preceding the date you became disabled
Put another way, simply having a physical or mental disability that limits your ability to work does not necessarily qualify you for SSDI benefits. Your condition must be a long-term disability accepted by the SSA, and it must come with functional limitations.
Functional limitations refer to the difficulties an individual may encounter in executing routine tasks due to a disability. These limitations can manifest in a variety of ways and impact different aspects of your life. They might include challenges with mobility, such as difficulty walking or standing for extended periods. Cognitive impairments, such as problems with memory or the ability to concentrate, can also be considered functional limitations. Other examples encompass issues with personal care activities, like dressing or feeding yourself, or difficulties in social or occupational settings, such as communication struggles or the inability to perform specific job tasks.
If you are still confused about whether you are eligible for SSDI benefits, we can help. Our South Carolina Social Security disability attorney can review your situation and advise whether you qualify.
What Types of Medical Conditions Make Someone Eligible for SSDI Benefits?
The SSA recognizes a wide range of disabilities for SSDI benefits. These conditions span different areas and categories.
Accepted medical conditions for SSDI benefits include:
- Musculoskeletal disorders, such as back injuries and spinal disorders
- Cardiovascular conditions, including heart failure and coronary artery disease
- Sensory and speech impairments, such as vision and hearing loss
- Respiratory illnesses, such as chronic obstructive pulmonary disease (COPD) and asthma
- Neurological disorders, including multiple sclerosis, cerebral palsy, Parkinson’s disease, and epilepsy
- Mental disorders, such as depression, anxiety, schizophrenia, autism, and other intellectual disorders
- Immune system disorders, including HIV/AIDS, lupus, and rheumatoid arthritis
- Various forms of cancer
- Digestive tract problems, such as liver disease and inflammatory bowel disease (IBD)
- Kidney disease and genitourinary problems
The above list is not exhaustive. The SSA continually updates the list of disabilities eligible for SSDI benefits, and the severity of the condition is a significant factor in the determination process.
Understanding SSDI Work Credits
In addition to having a qualifying disability, you can only collect SSDI benefits if you have a sufficient number of work credits. Unlike SSI, SSDI is not a needs-based program. SSDI operates more like an insurance program. Over your working life, you pay into Social Security via payroll or self-employment taxes. Just as you can only get coverage through your car insurance if you have paid your premiums, you can only claim SSDI benefits if you’ve paid enough into Social Security — in this case, by earning enough work credits. So, think of work credits as your premiums for this particular form of insurance.
You can earn up to four work credits each year, and you earn these credits automatically by paying taxes through a job or self-employment. These work credits are essentially a measure of how long and recently you have worked and contributed to Social Security through payroll or self-employment taxes.
The amount of income required to earn a credit varies from year to year. In 2022, for example, one credit equates to $1,510 in earnings. This means that if you earn $6,040 over the year, you will have earned the maximum of four credits for that year.
The total number of work credits needed to qualify for SSDI depends on the age at which you became disabled. Generally, 40 credits are required, 20 of which must have been earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits. For example, if you become disabled before you turned 24, you may qualify with as few as six credits earned in the three-year period before you became disabled.
Why Does the SSA Deny SSDI Claims?
Statistically, the SSA rejects more initial SSDI claims than it approves. Understanding why many claims are denied can help you avoid common mistakes when submitting your application. Our South Carolina Social Security disability lawyer has a complete understanding of what the SSA looks for when evaluating a claim and will help ensure you include all evidence needed to secure a successful result.
The SSA denies SSDI claims for many reasons, including:
- Insufficient medical evidence. An SSDI claim can be denied if there is insufficient medical evidence to support the claim of disability. You must provide comprehensive medical records documenting your disability and its impact on your ability to work.
- The disability is not severe enough. The SSA has strict criteria for what constitutes a disability. If your disability is not expected to last at least 12 months or result in death, or it does not significantly interfere with your ability to perform basic work-related activities, the SSA could deny your claim.
- Failure to follow prescribed treatment. If the SSA believes that your condition would improve to the point where you could return to work if you followed a prescribed treatment, and you failed to follow that treatment without a good reason, your claim may be denied.
- Failure to cooperate with the SSA. The SSA may deny a claim if you do not cooperate with the SSA’s requests for information, medical records, or attending medical examinations.
- Substantial gainful activity. The SSA will deny an SSDI claim if it believes you are still able to engage in substantial gainful activity, which is defined as earning an amount that surpasses a certain threshold each month. If you are capable of substantial gainful activity, the SSA does not consider you disabled.
- Insufficient work credits. As discussed earlier, SSDI claimants must have accumulated a sufficient number of work credits to qualify for benefits. If you do not meet the work credit requirement, your SSDI claim will be denied.
Receiving a denial for an SSDI claim can be dispiriting, but it does not mean you can never get benefits. Many denials can be appealed, and our team at Lanier Law Group, P.A. can offer the guidance, support, and advocacy needed to put you in the best possible position. We will work to get the rejection reversed and deliver the benefits you deserve.
To get started, call 919-342-1368 today.
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Permanent Brain Failure
Our client had a brick fly off of a utility trailer and go through their windshield and hit her on the face.
$4.8 Million
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A case with multiple plaintiffs who were potentially exposed to a deadly disease while in the hospital.
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The OB doctor’s negligence caused a delay in the baby’s birth which resulted in the baby suffering of a severe hypoxic brain injury.
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Our client died following an overdose of medication that occurred as a result of the negligence of the nursery staff while they were in the hospital.
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There are times in your life you are so hurt and feel life has a grudge against you. Nothing in your life is going right. I lost the most important person in my life to death, of which I knew mistakes were made because I witnessed it with my own eyes. When you contact a law group you most of the time get all business and a matter of fact conversation. I want all to know that from the first phone call they listened to my lengthy story, sobbing most of the time with so much compassion. They never made any promises but offered assurances that no stone would be unturned. They fulfilled every word they said. They restored faith that I had lost. Until you are in a position like mine you can never know how invaluable Lanier Law Group is. They were wonderful while maintaining their professionalism. They treated me like a family member. They really do care about their clients. But most of all they are the best at what they do. I worked in the court system for years so I knew how attorneys and law firms basically operated. Understanding the law and it’s interpretation is the ultimate key to winning any case. Also know that if an attorney/attorneys study and review your case and know that you don’t have a chance in a court of law and are big enough to tell you that instead of giving you false hope, you then my friend have a group with valuable shared values. I have so much respect for everyone in this Law Group. I recommend Lanier Law Group, P.A. to anyone who needs representation, they are in your corner. 20 out of 10 stars.
- Diane W.
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I started working with Lanier Law Group in 2020 on my Social Security Disability case. They from start to finish were awesome. My case manager Janet Hanks and attorney, Ashley Sappenfield were always available to answer all my questions. I did not have to do much but sit back and let them handle whatever was needed. My case took too long (2 years) and if I did not have Janet and Ashley My case would still not be approved. I would recommend Lanier to anyone to get the job done and approved. Do not go to another firm with your case, who promise the world and do not see it to completion and do not think another firms would have worked as hard as they did on my case. Lanier Law Group will always be the choice for me and all my family members to handle any cases of this type and other legal services they provide. They went above and beyond!
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Mrs. Gonzalez did an awesome job of explaining everything in detail and keeping me informed on the status of my case. Despite poor customer service with the insurance company, Mrs. Gonzalez was able to fix what they could not. Mrs. Gonzalez was very helpful with helping me understand things that I was not aware of when dealing with insurance claims. I am so thankful for her expertise and professionalism.
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