According to the latest Annual Statistical Report on the Social Security Disability Insurance Program, 64% of disability benefits claims have been denied. With more than 40 years of experience, Wolf & Brown Law Offices knows the law, we know the system, and we’re ready to help get the benefits you deserve.
The following Social Security Disability FAQs and Veterans Disability FAQs are for informational purposes only. We strongly recommend that you consult an attorney when filing a claim.
SOCIAL SECURITY DISABILITY BENEFITS FAQS
The process for obtaining Social Security Disability (SSD) and/or Supplemental Security Income (SSI) benefits is complicated and technical. Most people who file an application on their own are turned down because they fail to adequately demonstrate that their disabling condition is preventing them from working. Many also make procedural errors because they are unfamiliar with navigating a complicated system. We have extensive experience in both demonstrating the effect of disabilities as well as navigating a complex system.
Read more about Social Security Disability
QUALIFYING FOR DISABILITY
- What conditions qualify for disability benefits?
- Both physical and mental impairments may qualify an individual as “disabled” and make them eligible to receive disability benefits. The Social Security Administration categorizes disabilities in the following list of 14 diseases, disorders, and injuries:
- Musculoskeletal
- Senses and speech
- Respiratory
- Cardiovascular
- Digestive
- Genitourinary
- Hematological
- Skin
- Endocrine
- Multiple body impairment
- Neurological
- Mental
- Malignant neoplastic disease
- Immune system
- What is the difference between Social Security Disability Insurance and Supplemental Security Income?
- The main difference between Supplemental Security Income (SSI) and Social Security Disability (SSDI) is that SSDI benefits are available to workers who have a sufficient number of work credits, while SSI benefits are available to low-income individuals who do not have enough work credits to qualify for SSDI. It is important you contact us before you file. The date you became disabled may not be your last day of work. Providing incorrect information to Social Security could deprive you of SSD benefits and Medicare. If you are unsure about which you qualify for, contact us today for a free attorney consultation.
TIMING & PROCESS
- How long does it take to get disability benefits?
- The wait for the approval of one’s disability benefits may vary. If you are approved on an initial filing, the wait is typically only between 1 – 3 months. However, if you have to undergo the two-step appeals process, the wait can be up to 3 years.
- How does the Social Security Administration (SSA) decide on a claim?
- Once the SSA has received your application, they will begin reviewing your case and determine if it meets their requirements. If all requirements are met, your claim will be sent to the state’s determination office. The office will then look at the entirety of medical evidence provided by physicians, clinics, and/or hospitals where you received treatment to determine how it affects your ability to perform work-related activities. Once all of this information is reviewed, the SSA will make a decision to determine if you are disabled and should receive benefits.
- How do you qualify for Social Security Disability benefits?
- The process for obtaining Social Security Disability (SSD) and/or Supplemental Security Income (SSI) benefits is complicated and technical. Most people who file an application on their own are often turned down because they fail to adequately demonstrate that their disabling condition is preventing them from working. Many also make procedural errors because they are unfamiliar with navigating a complicated system. Without an attorney, the risk of denial or long delays in approval is greatly increased. We offer free consultations, handle Social Security Disability claims on a contingency basis, and in the rare event that we don’t secure benefits for you, there is no fee. Contact us today for a free attorney consultation.
- What if my claim is denied?
- There is a lot you can do however, it is highly recommended that you retain the services of an attorney to represent you in the appeal process. Many of our clients were denied at their initial claim for Social Security benefits. Some of the people we represent were denied benefits two or even three times. At any point in the claim, our attorneys can step in and smoothly and quickly guide an application, reconsideration, or appeal through the complex and demanding Social Security Administrative process and, if appropriate, to Federal Court. Even if you think you cannot appeal a claim because you are out of time or missed an appeal date, call us for a review at no charge. Contact us today for a free attorney consultation.
Contact us today for a free consultation
VETERANS DISABILITY BENEFITS FAQS
Veterans Disability benefits are part of a total package in which the members of the armed forces may be entitled to. In peacetime or wartime, military personnel receive various benefits both during active duty and as Veterans. When an injury or illness has its onset during active duty, whether domestically or overseas, there are opportunities for the affected uniformed men and women to obtain disability compensation, even after military service is over. When the injury or illness results in disability, a Veteran can receive monthly payments depending on how severely he or she is disabled.
- What are VA disability benefits?
- The U.S. Department of Veterans Affairs (VA) grants compensation (also known as VA Disability Compensation) to Veterans who have served in the U.S. military for two types of disability, namely service-connected and non-service-connected disability benefits. Non-service-connected pension is a needs-based benefit program for wartime Veterans who are age 65 or older, have limited income, or have a permanent and total non-service-connected disability. Read more about VA pension and eligibility requirements on the VA Pension Factsheet.
A service-connected disability is when a Veteran has become disabled as a result of their service in the United States military. Every Veteran applying for disability benefits through the VA needs to prove that the condition occurred during active service. At Wolf & Brown Law Offices, we often discover that clients benefit from claims that they had not thought to include in their cases and therefore do not file claims they think they are not entitled to, when in fact they are. Common types of service-connected disability claims include:
- Post-traumatic stress disorder (PTSD)
- Agent Orange exposure
- Traumatic brain injuries
- Anxiety disorders
- Depression
- Musculoskeletal
The experienced VA disability attorneys at Wolf & Brown can help Veterans whose injury or illness did not necessarily occur during service but was aggravated during active duty.
- What is a “service-connected” disability?
- A “service-connected” disability is when a Veteran has become disabled as a result of their service in the United States military. Every Veteran applying for disability benefits through the VA needs to prove that the condition occurred during active service. At Wolf & Brown Law Offices, we often discover that clients benefit from claims that they had not thought to include in their cases and therefore do not file claims they think they are not entitled to, when in fact they are.
- How does the VA rate and pay Veterans with disabilities?
- The VA uses a “Schedule Rating of Disabilities” (also known as a disability rating) whereby they determine an individual’s disability based on its severity and impact on the person’s ability to perform work. The VA then uses this rating to determine the compensation amount of the Veteran’s Disability benefits.
- What does the “effective date” mean in a VA disability claim?
- The “effective date” stipulates that disability benefits are due to the Veteran from the first day of the month following the month of the effective date. For example, if you applied for benefits on October 13, 2015, and were finally awarded benefits in January 2019, benefits would be due to the Veteran from November 1, 2015, onward.
- Can I appeal the decision if the VA denies my case?
- Yes, however, it is highly recommended that you retain the services of an attorney to represent you in the appeal process. In our role as Veterans Disability benefits lawyers, we help ensure that clients meet deadlines and correctly navigate the system to their best advantage. An attorney who handles all claims of a given client gets a big picture of the person’s health that can be invaluable.
HIRING A LAWYER
- Do you need to hire a disability lawyer to win a case?
- Although you are not legally required to have representation when applying for Social Security Disability, Supplemental Security Income, or Veterans Disability benefits, it is highly recommended. The process for obtaining benefits is complicated and technical. Most people who file an application on their own are turned down because they fail to adequately demonstrate that their disabling condition is preventing them from working. Many also make procedural errors because they are unfamiliar with navigating a complicated system. We have extensive experience in both demonstrating the effect of disabilities as well as navigating a complex system. Contact us today for a free attorney consultation.
COST & BENEFITS
- How much does it cost to hire a disability lawyer?
- Wolf & Brown offers free attorney consultations and handles Social Security Disability and Veterans Disability benefits claims on a contingency basis – this means you pay no fee unless we win. Whether you are applying for SSDI (Social Security disability), SSI (Supplemental Security Income), or Veterans Disability benefits, our attorneys will work on your case without making you pay until the case has been settled, even if that takes years! Our clients have nothing to lose, everything to gain. Contact us today for a free attorney consultation.