Social Security Disability Lawyer in Baton Rouge

If you’ve been injured or disabled and left unable to work, you need help providing for yourself and your family. Luckily, the United States provides Social Security Disability Insurance (SSDI) benefits to workers who are unable to return to work due to long-term medical conditions.

Unfortunately, the process of filing SSD claims and obtaining benefits can be complicated and difficult, especially if you try to file on your own. That’s why the social security lawyers with Gordon McKernan Injury Attorneys are here with the experience needed to get your SSDI claim approved.

Are You Eligible for Social Security Disability Insurance?

Before filing for SSDI, it’s important to know whether you’re eligible for benefits according to the Social Security Administration’s rules. The SSA will consider the following five questions to determine if you qualify for benefits:

1. Are you currently working? If so, your average monthly earnings must not exceed the limit imposed by the SSA (currently $1,350, or $2,260 if you’re blind).
   
   
2. Is your condition a disability? The SSA has a specific definition of which disabilities qualify for benefits. Your disability could qualify if all of the following are true:
   • Your medical condition precludes you from working or engaging in substantial gainful activity (SGA).
   • You cannot do the work you previously did or adjust to other work due to your medical condition.
   • Your condition has lasted or is expected to last for at least one year or to result in your death.
     
     
3. Is your condition on the SSA’s list of impairments, or otherwise disabling? The SSA maintains a list of conditions it considers disabling. If your condition isn’t on that list, you’ll need to appeal to the agency to have them determine if it’s as severe as one of the list’s conditions.
   
   
4. Can you do the same work you did before your injury? If you can, you may not be eligible for benefits.
   
   
5. Can you do other work? The SSA will determine if you can adjust to other work, given your condition, age, education, experience, and skills.

Determining your eligibility for SSDI can be a complex and opaque process. If the SSA denies your application, you can appeal, but you need an advocate on your side to help you navigate that process. The Social Security lawyers with Gordon McKernan Injury Attorneys are here to help you with your application.

Social Security Credits

You also need to have worked in qualifying jobs for long enough in order to qualify for Social Security Disability benefits. The Social Security Administration uses a concept called work credits to determine eligibility.

SSA work credits are based on your yearly income, and you can earn up to four credits each year. To qualify for disability benefits through the SSA, you’ll usually need 40 credits, 20 of which were earned in the past 10 years, but if you’re younger you might be able to qualify with fewer credits.

How Do I Apply for Social Security?

To apply for SSDI after a debilitating accident, you’ll need to gather the following documents and related information:

• Your date of birth and location of birth
• The name of your current spouse or any previous spouses, if applicable, as well as the begin and end dates of each of your marriages
• The names and dates of birth of any dependent children you have, if applicable
• Your history of service in the U.S. Military service, if applicable
• The details of your employment or self-employment over the past 2 years
• Your banking information
• Your medical records, including the doctors, hospitals, and clinics you’ve visited; any workers’ compensation claims you’ve made; your work history; and proof of your education or training

You’ll need to submit your SSDI application and the above information to the U.S. Social Security Administration either by phone, in person, or online, and they’ll determine if you’re eligible for benefits. If you are, they’ll forward your case to the Louisiana Disability Determination Services office who’ll make the final decision about your disability.

What to Do If Your Social Security Application Has Been Denied

If you’ve applied for SSDI and had your application denied, you might be unsure of where to turn next. Just because the SSA determines you’re able to work or otherwise make a living doesn’t heal your injuries or help you get back on your feet.

The SSDI lawyers at Gordon McKernan Injury Attorneys have 679+ years of combined legal experience working with disabled workers and the Baton Rouge Social Security office, guiding their appeals through the process to help them get the benefits they need. Give us a call at 225.888.8888 for a free legal consultation on your case and the hope you need to carry on.