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Louisiana Social Security Disability Lawyers

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Navigating the process of applying for and receiving Social Security Disability benefits can be daunting. While these benefits are designed to provide financial aid for those who are no longer able to work due to injury, illness, or a combination of the two, applications for benefits are often denied. What’s more, the Social Security Administration can be less than helpful after denying a claim, leaving injured and sick people to fend for themselves.

If you’ve been denied your Social Security Disability claim, you can still have hope. Gordon McKernan Injury Attorneys have helped hundreds of people appeal their disability claims and procure the government assistance they need to survive.

If your Social Security Disability claim has been denied, or if you have questions about the filing process, a Social Security lawyer with Gordon McKernan Injury Attorneys can help.

Am I Eligible for Social Security Disability Insurance?

According to the Social Security Administration (SSA), there are two requirements to qualify for Social Security Disability Insurance (SSDI) benefits:

  • You must have worked in jobs covered by Social Security.
  • You must have a medical condition that meets Social Security’s strict definition of disability.

We discuss the implications of each of these points below.

Earning Social Security Credits by Working

In order to qualify for disability benefits, you must have worked long enough in qualifying jobs. The SSA uses the concept of work credits, which are based on your yearly income, and of which you can earn up to four each year.

Generally, to qualify for disability benefits you’ll need 40 credits, and 20 of them must have been earned in the past 10 years. If you’re younger, however, you may be able to qualify with fewer credits.

The SSA’s Definition of Disability

The SSA uses five criteria to determine if your disability qualifies for benefits from the administration. They are as follows:

social security benefits application form near glasses, a calculator, and a pen
  1. Your disability must prevent you from engaging in substantial gainful activity (SGA). To determine whether this is true, the SSA uses earnings guidelines to see if you make little enough to qualify for benefits.
  2. Your condition must be severe enough to significantly limit your ability to work for at least 12 months. You should be unable to perform basic tasks, such as lifting, standing, walking, sitting, or remembering details.
  3. Your condition should appear on SSA’s list of qualifying medical conditions they deem severe enough to qualify for benefits. If your condition isn’t on that list, the SSA will decide if it’s as severe as a condition that’s on the list.
  4. If your condition is not found to be as severe as one of the pre-qualified medical conditions, you could still be eligible for SSDI. At this stage, the Administration will decide if your medical condition prevent you from performing your past work.
  5. If your condition prevents you from performing work you did in the past, the SSA will determine if there’s other work you can do, despite your impairment(s). They will consider your condition, age, education, past work experience, and your transferable skills. You’ll qualify for disability if they determine there isn’t any other work you can do.

The process used by the Social Security Administration to determine eligibility for disability benefits is circuitous and prone to errors. That’s why there’s also an appeals process—but that can be fraught with annoyance, long waits, and more.

If you’ve been denied your initial application for Social Security Disability Insurance, you need a compassionate lawyer who’s knowledgeable in the bureaucratic process from Gordon McKernan Injury Attorneys.

How to Apply for Social Security

You can apply for SSDI online, by phone, or in person, and you’ll need the information and documents listed in the Adult Disability Checklist, which includes

  • The date and place of your birth
  • The name(s) of current spouse and prior spouse(s), if applicable, as well as the beginning and ending date(s) of your marriage(s)
  • Name(s) and date(s) of birth of any dependant children you have
  • Your U.S. Military service history
  • Employment, or self-employment, details for the past 2 years
  • Your bank information
  • Medical records, including
    • Information about your doctors, hospitals, clinics, or rehab centers
    • Your workers’ compensation claims, if you’ve made them
    • Your job history
    • Information about your education and training

After you submit your application and required documentation, the Social Security Administration will decide whether you’re eligible for benefits. If you do, they’ll forward your case to the Disability Determination Services office in your state, who’ll make the final disability determination decision.

My Social Security Application Has Been Denied. Now What?

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If your SSDI application has been denied, you might not know where to turn next. Luckily, the Social Security disability lawyers with Gordon McKernan Injury Attorneys have 679+ years of combined legal experience helping people like you secure the benefits they need to survive. Give us a call at 888.501.7888 for a free consultation about your case and possible next steps.

We consider our clients to be like family. If we can’t help you get the benefits you need, you won’t owe us a dime. That’s the G Guarantee!

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