If you’ve suffered a disabling illness or injury and can’t work, you may be considering applying for Social Security disability benefits to help pay for your living expenses and care for your family. However, Social Security has very exacting eligibility standards for benefits. This means that navigating an SSD claim may be a smooth process for you or, if you’re like most applicants, not so smooth. At Silver & Silver, our experienced Cherry Hill SSD attorneys are here to discuss qualification for disability benefits and how having a legal advocate can help ease the claims process.
Why Is It So Difficult to Qualify for Social Security Disability?
Social Security Disability Insurance (SSDI) is designed to provide financial assistance to individuals with a long-term disability who are unable to work. The eligibility process is stringent by design, limiting benefits to those with long-term disabilities who meet SSA’s strict criteria.
In addition to the strict eligibility requirements, Social Security and state Disability Determination Services also suffer from budget constraints and staff shortages, resulting in significant application backlogs and appeal delays. In 2024, it now takes an average of 215 days to receive a determination on an applicant’s disability claim. That is over seven months of waiting for a decision. Unfortunately, after all this waiting, most applicants are denied benefits.
What happens when you’ve suffered through the entire SSD approval process only to be denied benefits?
If you have been denied Social Security Disability benefits, you’re in good company. Most first-time applicants will go through the entire arduous application process only to be denied benefits after all their time and effort.
If you’ve been denied because of errors in your documentation, insufficient supporting medical evidence of your condition, or other missing or inconsistent information, you may have avoided this if you had experienced assistance with your claim. Instead, you are now faced with appealing SSA’s decision through an equally time-consuming multi-layered appeals process.
Can Hiring a Cherry Hill, NJ SSD Attorney Speed Up Your Disability Claim?
Having a skilled Cherry Hill, NJ SSD attorney on your side can significantly improve the success of your claim. A 2022 study by the nonprofit National Bureau of Economic Research found that having legal representation while applying for disability benefits increased the probability of securing an award at initial application, reducing the need for appeal.
Because many of these applicants would only have been awarded benefits on appeal, the study suggested that having legal representation at the outset of the application process reduced the total processing time of a disability claim by approximately one year. For individuals needing these critical benefits, this is significant.
How Can an SSD Attorney in Cherry Hill, NJ, Help at the Application Stage of a Disability Claim?
Your first step in seeking disability benefits is filing an application with the Social Security Administration. You must complete multiple forms and submit adequate evidence to support your claim at this initial phase. Unfortunately, out of approximately two million applicants for benefits annually, only about a third are granted benefits at this stage.
A Social Security disability attorney can offer invaluable assistance at this first stage of your disability claim by
- Evaluating your information and determining if you meet basic eligibility requirements for disability benefits
- Helping you understand and craft a compelling narrative that demonstrates how your condition impacts your ability to work
- Assisting you with the completion of your application to ensure there are no errors, omissions, or inconsistencies in your submission that might prompt doubts about your eligibility
- Gathering and organizing your medical records to comprehensively support your claim
- Ensuring that any required consultative exam is scheduled promptly and the examining physician has the necessary information they will need to form an opinion about your condition
- Obtaining additional supporting evidence of your condition from your providers, caregivers, or medical and vocational experts
- Handling all communication with Social Security on your behalf, ensuring all inquiries and additional requests for information are responded to promptly
- Monitoring your application process and following up with SSA to ensure your claim is moving forward
- Proactively preparing for a possible appeal in case of a denial
- Supporting you and easing the stress of this frustrating process
Having a Cherry Hills SSD attorney at the beginning of the application process can ensure that your application is accurate and complete and that your medical evidence is comprehensive at the initial submission, enhancing the likelihood of a successful claim.
How Can An SSD Attorney Help You at the Reconsideration Stage of Your Appeal?
If you’ve been denied benefits, your attorney will review your denial letter to understand the reason for your denial.
Your lawyer will identify and help you remedy any gaps or weaknesses in your application and clear up any misunderstandings so they can be addressed in the reconsideration. This can include gathering additional and updated medical records, obtaining additional statements or opinions from your doctor or other medical experts, and ensuring that all relevant documents, histories, tests, and functional capacity evaluations are submitted with your reconsideration request.
How Can An SSD Attorney Help You at the Hearing Stage of Your Appeal?
If you are again denied at the reconsideration stage, you have the right to request a hearing before a Social Security Administrative Law Judge. This will involve giving testimony under oath about your condition and how it affects your ability to work.
An experienced SSD attorney will help you prepare for your testimony by conducting mock hearings so you effectively address questions you might be asked and prepare for your answers. Your attorney will also prepare any witnesses who may testify on your behalf. During the hearing, your attorney will present your case to the judge, make arguments on your behalf, and question and cross-examine witnesses, including any medical or vocational experts called by Social Security. It’s important to understand that your chance of approval at this hearing level is higher than at any other level of the qualification or appeal process.
How Can an SSD Attorney Help You at the Federal Court Level?
At this stage of your disability claim, you are essentially filing a suit against the Social Security Administration. Winning a federal court review can be challenging, with more than 50 percent of all federal judges hearing a disability case sending it back down to the hearing level and asking the ALJ to take another look. Winning a disability claim at the federal level is possible, but it can be expensive and time-consuming. You should fully discuss your options with your attorney at this point of your appeal.
Getting the Assistance of the Experienced Cherry Hill, NJ SSD Attorneys at Silver & Silver
If you are considering applying for Social Security Disability, hiring an experienced SSD lawyer early in the process can increase the likelihood of a successful claim. But even if you have been denied, the skilled Cherry Hill SSD attorneys at Silver & Silver can make all the difference in the success of your appeal. Call (610) 638-7255 to schedule a no-cost consultation or contact us through our website contact form. When you need serious help, you need a serious legal advocate on your side.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.
