Social Security Disability

Social Security Disability

Need Assistance in Applying for SSDI?

Understanding the process for applying for Minnesota Social Security disability insurance benefits can be difficult and confusing. Obtaining the requisite information to apply for benefits can be time-consuming. We at the Mottaz & Sisk Injury Law are Social Security disability attorneys that are willing to help you get the Social Security disability insurance benefits you deserve. We understand the financial hardships you may be suffering from as a result of not being able to work and are willing to assist you in taking the necessary steps to get you the benefits you need.

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Difference Between SSI and SSDI

The Difference Between SSI and SSDI

It is pretty easy to confuse SSDI and SSI. Both are Social Security programs and both use various rules to determine whether or not you are disabled and entitled to benefits. However, that is where the similarities end.

SSI or Supplemental Security Income is a needs-based program. As such, you can only qualify for SSI if your countable monthly income and assets are below certain levels. SSDI, however, is based on the credits that you have earned and if you have earned enough credits whether you are “disabled” to qualify for Social Security disability insurance benefits.

You can receive both SSI and SSDI, however, SSI will consider your SSDI payments as “unearned income.”

We can help you with getting SSI or SSDI payments.

If you have been unable to work due to your injury and/or disability, we can assist you in getting benefits. Our lawyers will sit down with you and go over your legal options when evaluating your case. For a free, no-hassle consultation, call us or fill out the contact form.

Qualifying for Workers' Compensation

Qualifying for Social Security Disability Benefits

First, to be entitled to benefits you must meet the earning requirements for disability benefits. If you are over the age of 31, you need to work at least five years out of a ten year period ending with the quarter the disability began. If you are younger than 31, there are different requirements for the years that you have had to work to be entitled to benefits.

The lawyers at Mottaz & Sisk Injury Law can answer your questions about whether you qualify for Social Security disability benefits. We offer a free consultation and are available at any time. Feel free to contact us to speak with an experienced and knowledgeable lawyer who can help you with your SSDI or SSI case.

Legal Help

How Can a Lawyer Help Me?

Our lawyers can help you through the claims process with the Social Security Administration. We will take the necessary steps to help you.

The ways in which we can help you are as follows:

  • Meet with you to discuss whether you qualify for Social Security disability insurance benefits.
  • We will review with you your work and medical history to determine whether or not you are entitled to benefits.
  • We can assist you with the initial application and making sure that the Social Security Administration has the appropriate information to make a determination.
  • We can assist with the appeal process at the reconsideration level as well as at the hearing level.
How Much Does an SSD Lawyer Cost?

How Much Does It Cost For an SSD Lawyer?

To answer the question of how much will it cost to hire a social security disability lawyer, Mottaz & Sisk Injury Law does not charge a fee unless we are successful in obtaining your benefits. By Federal Law, we are not allowed to charge more than 25% of past owed benefits up to a maximum of $6,000. When you hire us, you will need to sign a Retainer which will outline how the fees are assessed.

We can assist you with your Social Security disability case and make sure that the appropriate steps are being taken to achieve a successful resolution of your claim. If you would like to talk to a Minnesota Social Security disability attorney, call our office or fill out the contact form.

Ways to Apply

Ways to Apply

There are three ways in which you can apply for Social Security disability insurance benefits, including:

  • You can apply online.
  • You can call the Social Security office at 1-800-772-1213 (TTY: 1-800-325-0778) and a representative can assist you with your application over the phone.
  • You can visit your local Social Security office and apply in-person.

Whichever method you decide on, you need to fill out an application, including an Adult Disability Report.

Information that Social Security will need will include:

  • Your Social Security number and proof of age.
  • Name, addresses, and phone numbers of doctors, case workers, hospitals and clinics where you treated and dates of your visits.
  • Medications, including the names and dosages.
  • Medical records from your doctors, including therapists, hospitals and clinics that you have in your possession.
  • Laboratory and test results.
  • Summary of where you have worked, type of work you have done.
  • Information about any workers’ compensation claims, including name, address, phone number for the insurance company.
  • Social Security numbers and proof of age for family members who may qualify for benefits.
  • Proof of marriage, if your spouse is applying for benefits for those dates of prior marriages.

While the Social Security Administration allows anyone to apply for Social Security disability insurance benefits, the process can be intimidating and overwhelming. We at Mottaz & Sisk Injury Law are willing to assist you in the application process. We will take the necessary steps to meet with you and gather the requisite information to provide to the Social Security Administration.

How Approval is Determined

How Approval is Determined

The Social Security Administration uses a five-step process to determine whether or not you meet the criteria for “disability” and qualify for social security disability benefits.

The Social Security Administration will look at the following:

Are You Working?

If you are working and your earnings average more than a certain amount each month, they will not consider you disabled. The amount changes each year. If you are not working or your monthly earnings average the current amount or less, then the State agency will look at your medical condition.

Is Your Medical Condition “Severe”?

In order to be considered to have a disability per the Social Security definition, your medical condition must significantly limit your ability to do basic activities, such as lifting, standing, walking, sitting or remembering, for at least 12 months. If your medical condition is not severe, the Social Security Administration will not consider you to be disabled. If it is “severe”, then they will look to step 3.

Is Your Medical Condition On The List of Impairments?

The Social Security Administration maintains a list of impairments which describes medical conditions which they consider to be severe enough to prevent a person from completing substantial gainful activity regardless of age, education or work experience. If you have a medical condition or combination of conditions, that are not on the list, the Social Security Administration will look to see if your condition is as severe as a condition on the list. If the severity of your medical condition meets or equals the severity of a listed impairment, the Social Security Administration will decide that you have a qualifying disability. If the severity of your condition doesn’t meet or equal the severity level of a listed impairment, the State agency goes on to step 4.

Can You Do The Work You Did Before?

The Social Security Administration will look at your medical impairments and whether it not prevents you from performing any of your past work. If it does not, they will decide that you do not have a qualifying disability. If it does, they then proceed to step 5.

Can You Do Any Other Type of Work?

If you cannot do the work that you did in the past, the Social Security Administration will see if there is other work that you can do despite your impairments. They will consider your age, education, past work experience, and any skills that you may have that could be used to do other work. If you cannot do other work, they will decide that you are disabled. If you can do other work, they will decide that you do not have a qualifying disability.

It is important to have a Social Security attorney that understands the nuances of the law and that can put you in the best position possible to get disability benefits. If you are looking to apply for Social Security disability insurance benefits or have been denied benefits, please feel free to contact Mottaz & Sisk Injury Law by phone or fill out the contact form.

When to expect a decision

When to Expect a Decision

Depending on the stage of your claim, the process can vary widely as to when you should be expecting a decision regarding your disability benefits. In some cases, Social Security may make a determination with regard to your application within 1-2 months. In other cases, it could take in upwards of one year. When you get a disability determination notice, it will provide you the information as to whether your claim has been denied or approved.

If you disagree with the decision, an appeal will need to be filed. You should appeal your decision. More than half of all appealed denials are reversed.

The appeals process may take several months and could take longer if it needs to go to a hearing before an Administrative Law Judge.

If your application has been denied, we can help. Contact our office for a free consultation or fill out the contact form.

It is important to have a Social Security attorney that understands the nuances of the law and that can put you in the best position possible to get disability benefits. If you are looking to apply for Social Security disability insurance benefits or have been denied benefits, please feel free to contact Mottaz & Sisk Injury Law by phone or fill out the contact form.