Takeaways

  • Most initial Social Security disability claims are denied. Retaining a Social Security disability attorney can help with initial claims but is not a guarantee.
  • Most initial denials for Social Security disability benefits are because the applicant had not been disabled for a full 12 months before applying.
  • You can receive Social Security retirement while applying for disability benefits. If disability benefits are approved, you will receive the higher benefit along with back pay if warranted.

Statistically, most claims are denied with the initial application. This is why Social Security disability lawyers like to get involved as early as possible – to help our clients file the initial application. We will walk through that process and application for a client. In my experience, that gives our clients the best possible chance of being approved.

Why Does Social Security Disability Deny Claims Initially?

To qualify for Social Security disability, you have to be disabled for 12 full months. Regardless of any scary diagnosis or intimidating health problem that might be resolved with the right treatment or the right medical help, there’s no way for them to know whether you might get better.

Is It Possible To Avoid That Initial An On My First Attempt Applying For Social Security Disability?

While I wouldn’t guarantee it’s possible to avoid initial denial, there are ways to ensure the better success of a claim on initial application or early appeal. Social Security lawyers give people the best chance of success based on our years of experience in how to get Social Security to pay attention to our client’s claim.

Are There Income And Asset Limitations For Social Security Disability?

There are two different programs for income limits for both Social Security Disability and the SSI program. A common question of whether you’re allowed to work, whether you’re allowed to have some income, and whether you are allowed to have a certain amount.

There is a threshold amount that changes every year for Social Security as to how much you can earn based on Social Security disability. For SSI benefits, the calculation is different, and the way that it sets off your payments is because SSI is a resource-based program.

There are very serious, very strict resource limits on SSI benefits. On Social Security Disability benefits, there are no resource limits so that you can still have a retirement account and you can own multiple vehicles. But with SSI, there are a lot of very strict limitations on such things.

Can My Spouse And Children Receive Benefits Based On My Disability?

Social Security disability benefits come from your paying taxes. On a case-by-case basis, your spouse and children may receive disability payments, especially minor children under the age of 18. These benefits depend on the amount of time you worked, and how much you paid into social security.

Can I Receive Social Security Retirement And Disability Benefits At The Same Time?

While you will not receive two payments for both retirement and disability, you can file a claim for both retirement and disability benefits at the same time.

A lot of people approaching the age of 62 become eligible for early Social Security retirement benefits, but they also want to file a disability application. You can receive early retirement benefits and pursue your disability claim.

If Social Security grants that disability benefit, your disability benefits would be higher than the amount you receive for early retirement. Social Security will change your payment to the higher disability amount. They will also pay you back payments for the difference between the retirement benefit and the disability benefit.

For more information on Initial Denial Of Social Security Disability Claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (859) 681-9111 today.

Stacey Hardin Hibbard PLLC

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(859) 681-9111

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