South Carolina Social Security Disability Attorney in Spartanburg
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At Cummings & Lewis, we understand that the process of filing for Social Security disability benefits can be a daunting task. We recognize the challenges faced by individuals who are unable to work due to a disability, and we are committed to providing legal assistance and support to those who need it. Our experienced South Carolina Social Security disability lawyers have a thorough understanding of the Social Security disability process and can guide you through every step of the way.
What is Social Security Disability?
Social Security Disability is a program that provides benefits to people who are unable to work due to a disability. To qualify for Social Security Disability benefits, you must have worked in jobs covered by Social Security and have a medical condition that meets Social Security’s definition of disability. The medical condition must be severe enough that it prevents you from doing the work that you did before and from adjusting to other types of work.
There are two types of Social Security Disability programs:
- Social Security Disability Insurance (SSDI)
- Supplemental Security Income (SSI)
SSDI is a program that pays benefits to disabled individuals who have worked and paid into Social Security. SSI is a program that pays benefits to disabled individuals who have limited income and resources.
Social Security Disability for a Workplace Injury
If you have suffered a workplace injury that has resulted in a disability, you may be eligible for Social Security Disability benefits. In order to qualify, you must meet the Social Security Administration’s criteria for disability, which includes having a medical condition that prevents you from performing substantial gainful activity and is expected to last for at least 12 months or result in death.
Additionally, your disability must be related to your workplace injury. If you are unsure about whether you qualify for benefits, or if your claim has been denied, it is important to consult with an experienced Social Security Disability attorney who can guide you through the process and advocate for your rights.
The Social Security Disability Application Process
The Social Security Disability application process can be complex and time-consuming. It is important to understand the process so that you can best prepare your claim. The application process involves the following steps.
The first step in the Social Security Disability application process is to file an application. You can file an application online, by phone, or in person at your local Social Security office. It is important to provide as much information as possible when filing your application, including your medical history and work history.
After you file your application, it will be reviewed by a Social Security representative to determine if you meet the basic requirements for disability benefits. If your application is approved at this stage, you will move on to the next step in the process.
If your application is not approved at the initial review stage, it will be sent to the Disability Determination Services (DDS) for a medical review. The DDS is a state agency that works with Social Security to make disability decisions. A disability examiner will review your medical records and may request additional information from your healthcare providers.
Once the medical review is complete, the disability examiner will make a decision about your case. If your application is approved, you will receive a notice from Social Security informing you of your disability benefits. If your application is denied, you have the right to appeal the decision.
The Social Security Disability Appeals Process
If your Social Security Disability application is denied, you have the right to appeal the decision. The appeals process involves several steps, and it is important to have an experienced South Carolina Social Security disability attorney on your side to help you navigate the process.
- Reconsideration: The first step in the appeals process is to file a request for reconsideration. This means that your case will be reviewed again by a different disability examiner. You can provide additional information at this stage, including new medical evidence.
- Administrative Law Judge Hearing: If your request for reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). The ALJ will review your case and may ask you to testify. You can also provide additional evidence at this stage.
- Appeals Council Review: If your case is denied at the ALJ hearing, you can request a review by the Appeals Council. The Appeals Council will review your case and may make a decision, or it may send your case back to the ALJ for further review.
- Federal Court: If your case is denied by the Appeals Council, you have the right to file a lawsuit in federal court. This is the final step in the appeals process, and it is important to have an experienced attorney on your side to represent you in court.
Social Security Disability Facts & Statistics
- Overall, there are about 42.5 million Americans with disabilities, making up 13% of the civilian noninstitutionalized population.
- Approximately one out of every six working-age Americans, totaling 29.5 million people, has a disability, leading to economic hardships.
- About 8.8 million workers currently receive SSDI, with benefits typically replacing less than half of their previous earnings.
- The most common types of disability in the U.S. involve difficulties with walking, independent living, or cognition.
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About Our Social Security Disability Lawyers in Spartanburg
At Cummings & Lewis, we have a team of experienced South Carolina disabilty lawyers who are dedicated to helping individuals with disabilities obtain the benefits they deserve, specifically for work-related injuries. We understand the complexities of the Social Security Disability system, and we are committed to guiding our clients through the process from start to finish.
The reasons to hire Cummings & Lewis include:
- Experience: Our attorneys have years of experience working with clients who are seeking Social Security Disability benefits. We have a thorough understanding of the application and appeals process, and we know how to navigate the system to achieve the best possible outcome for our clients.
- Personalized Attention: We believe in providing personalized attention to every client we represent. We take the time to understand each client’s unique situation and work closely with them to develop a customized legal strategy that meets their individual needs.
- Strong Advocacy: Our attorneys are skilled advocates who are not afraid to fight for our client’s rights. We are committed to ensuring that our clients receive the benefits they are entitled to under the law.
- Compassionate Support: We understand the challenges faced by individuals with disabilities and their families. We provide compassionate support throughout the entire process and are always available to answer our client’s questions and address their concerns.
Contact a Social Security Disability Lawyer in Spartanburg
Social Security cases are handled on a contingent basis, meaning that we only receive a fee if we are successful in obtaining benefits for you. In Social security cases our fee is based on the amount of back time that you receive. We don’t get paid unless you get paid. We are invested in each file and will fight to obtain the benefits you deserve. Contact us today to schedule a free consultation with one of our Social Security Disability lawyers in Spartanburg.
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Social Security Disability FAQ
Eligibility for Social Security Disability depends on two main factors: job history and current medical conditions.
First, it’s necessary to have held paying positions covered by Social Security. Over time, you may have accumulated work credits based on your annual wages or income from self-employment.
Next, you’ll need to prove that your current injuries prevent you from continuing to work on a regular basis. This means fulfilling the Social Security Administration (SSA) definition of disability.
A variety of documents can help your Social Security Disability attorney prove that you are eligible for benefits. Many are mentioned on the SSA’s Adult Disability Checklist. The following are especially important:
- A record of your work history. This could be covered in a resume, pay stubs, or tax returns. You can also set aside time to draft a list of previously held jobs or self-employment activities.
- Medical records from the past several years. Any documentation you can provide regarding your current medical condition should prove helpful. Lab and imaging results, in particular, provide clear insight into your illness and injury as it relates to Social Security Disability.
- Any rejected applications. If you’re working with a South Carolina Social Security Disability lawyer because your previous claim was rejected, bring documentation of the initial application.
In the event of a denied application, it’s important to try for an appeal rather than reapply. A trusted Social Security Disability attorney can help. The official appeals process could involve several steps, such as:
- Reconsideration: A complete review of the claim by the Social Security Administration (SSA) to assess any new evidence or information.
- Administrative Hearing: A hearing conducted by an administrative law judge, where you can present your case and provide additional testimony and witnesses to support your claim.
- Appeals Council Review: A review from the Appeals Council to ensure that proper procedures were followed and that your rights were upheld during the hearing.
- Federal Court: Filing a civil suit in federal court if the Appeals Council also denies your claim, allowing for a judicial review of your case
Taking these steps can help you navigate the appeals process and improve your chances of receiving the benefits you deserve.
A variety of qualities allow your Social Security Disability attorney to get your Social Security Disability application accepted or resolve your appeal. Your lawyer should also aim to ease your stress during this difficult process. The following are especially important:
- Empathy. Lawyers should understand that navigating the Social Security Disability system can feel overwhelming, as can the illnesses and injuries that make benefits so critical in the first place.
- In-depth knowledge. The ideal attorney will understand the complications of the Social Security Disability system, including both the ins and outs of applications and appeals.
- Attention to detail. Seemingly small details can make a world of difference when applying for benefits or appealing denied claims. Thorough, detail-oriented attorneys are ideal.
- Statements from Healthcare Providers: Obtaining written statements or affidavits from your healthcare providers can be particularly valuable. These statements should discuss your medical condition, treatment plan, and how your disability affects your ability to work.
- Personal Journals: Keeping a personal journal detailing your daily experiences and challenges related to your disability can be beneficial. This documentation can provide insight into how your condition affects your day-to-day activities, emotional state, and ability to perform tasks.
Gathering these documents can create a solid foundation for your application and improve your chances of successfully obtaining Social Security Disability benefits.
Alex P. Lewis &
W. Blake Cummings
Named Super Lawyers in 2023
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