In the case you become disabled and are no longer able to work and provide for your family, Social Security Disability Insurance (SSDI or SSD) can be available to you. Acquiring SSD benefits can be challenging, but it is possible, and many people are eligible. However, even if you qualify, there is a chance you may be denied, unfortunately.
The good news is, though, that at Hughes & Coleman Injury Lawyers our legal team helps disabled individuals with all aspects of legal matters about Social Security Disability. This can include filing your first claim or appealing your denied claim.
When filing for disability, do not risk your claim being denied. Instead, contact an experienced personal injury lawyer today at Gallatin, Tennessee, Hughes & Coleman disability attorneys. Let us help you get the full benefits you need to support you and your family. Call our law firm today at 800-800-4600 or fill out a free case evaluation online to further discuss your Social Security Disability claim.
Who is Entitled to Social Security Disability Benefits in TN?
Social Security is a program within the United States Federal Government which ensures benefits for those unable to work because of a medical condition. The disability law states to receive benefits; there must be a medical condition that lasts at least 1 year or results in death.
Social Security Benefits for dependents
When you are approved for disability benefits, your children may also be eligible for benefits if they are: under 18 or up to the age of 19 and still in secondary school, whether or not the child is deemed disabled before the age of 22. If the child is not disabled, the benefits will stop at the age of 18.
Dependents can receive benefits with further limitations. Benefits for dependents are capped at 50 percent of the original amount, and there is a family maximum. The Social Security Administration (SSA) has a formula on how the family maximum will affect each beneficiary, explained here.
Family Member Benefits
SSI disability law states that related family members may qualify for benefits. This can include the following relatives of the disabled individual:
- A spouse who is 62 years of age or older, or any age if caring for a child (of the disabled person) who is either disabled or younger than 16
- An unmarried child can include an adopted child or, in some cases, a stepchild or grandchild under the age of 18 or 19 when attending elementary or secondary school full time
- An unmarried child who is 18 years of age or older and disabled before the age of 22
- A divorced spouse, if married to the disabled for at least 10 years, has not remarried, and at least 62 years old (in some cases)
If you believe you could be eligible for Social Security, contact an attorney at Hughes & Coleman today at 800-800-4600. Our attorneys are ready to help you get the benefits you deserve so that you can help you provide for your family.
Representation for TN Social Security Disability Claims at Hughes & Coleman
Social Security Disability Insurance is vital when you become disabled and can no longer provide for your family. The benefits you are entitled to are worth fighting for. The best way to avoid being denied is to contact a knowledgeable Social Security Disability attorney before taking action.
A Social Security Disability lawyer with Hughes & Coleman has a detailed understanding of complex rules governing SSD laws and can thus help you determine your next step. As a dedicated, passionate law firm, we are happy to discuss any issue you may have regarding receiving disability benefits.
If you need help, call our law firm toll-free at 800-800-4600. You can also contact us online for a free case consultation.
Types of SSD Benefits in TN
You may be eligible for different types of Social Security Disability, depending on your individual circumstances. Below are the several different types of government-paid benefits available for you as a disabled person.
Supplemental Security Income
Those who are 65 and younger and have become disabled may be eligible for Supplemental Security Income or SSI. However, there is a poverty requirement that you must meet before you can be considered.
The poverty requirement is $2,000 in assets for individuals and $3,000 in assets for couples. This excludes the home in which you live and any necessary vehicles. Also, the benefits that are received are adjusted for income. When you are eligible for SSI, you may also receive Medicaid.
Children’s SSI
For a family with disabled children who meet the poverty requirements, they can receive SSI if disabled. Testing and proving a child’s disability, though, is different and typically more difficult than with adults.
Disabled Insured Worker’s Claim
Adults who are disabled and have worked long enough to gain an “insured status” by the Social Security System may be eligible for the Disabled Insured Worker’s Claim or DIWC. To qualify for DWIC, you must have worked a minimum of 5 out of the last 10 years. These years are measured in quarters, while your Social Security credits are based on your work and income each year.
To receive DWIC, you must have earned enough Social Security work credits and recently enough. If you are found eligible for DIWC benefits, you can receive Medicare as well.
Disabled Insured Widow’s/Widower’s Claim
Individuals who are at least 50 years old, disabled, and were married to someone who was insured by Social Security but is now deceased should be able to claim Disabled Insured Widow’s/Widower’s or DIWW. The surviving spouse must become disabled within 7 years of the passing of his or her mate.
If a previously divorced spouse passes away, the disabled individuals would need to have been married to the deceased for at least 7 years to receive DIWW benefits. If the widow/widower is over 60 and meets all other requirements, he or she will not have to be found disabled to receive benefits.
Disabled Adult Child
A child of a parent who draws a disability can receive benefits if the child is found to be disabled before the age of 22 (or was disabled before the age of 22) and filed for benefits later in life. The parent must have died while still being insured, or the parent has begun receiving retirement or disability benefits. A Disabled Adult Child or DAC who receives SSD could lose his or her Social Security assistance by marrying someone who is also drawing benefits.
Supplemental Security Disability Claim
A Supplemental Security Disability Claim or SSDC is not a different claim. Rather, this is another term to refer to the type of claim filed by those who are both insured by Social Security and meet the poverty requirements to receive SSI.
Appealing a Denied Claim in Tennessee
When filing for a Social Security Disability benefits claim, there are a few reasons your TN claim could be denied. This may be true in your case if you:
- Are a resident of a public institution
- Failed to submit medical records
- Have too high of an income
- Leave the United States
- Missed appointments with a doctor the SSA has approved
- Have too many resources
Nevertheless, just because your claim was denied once does not mean that you will never receive Social Security at all. If you have been denied benefits, you still have some options available to you. For one, our disability lawyers can help you with the appeal process.
When we take on your appeal, our attorneys can submit your request for reconsideration. This will need to be submitted within 60 days of the denial. A social security disability lawyer can help you collect any other evidence required to prove your disability, which is reviewed by the SSA during this appeal.
In the case your claim is denied again by the SSA, our attorneys can request a hearing with an administrative judge on your behalf. Our TN law firm will stand beside you during this hearing and represent you in court to help prove your claims. Our law firm will also help gather witnesses to testify on your behalf regarding your condition and whether Social Security can help you live a comfortable life.
If the judge denies your claim, you can request the SSA’s appeals council to review your application. The council will then resolve your case, or you can have another judge review your case. If a different administrative judge does not review your claim, or you disagree with the appeals decision, an attorney from our law firm can file a lawsuit on your behalf to seek federal court-ordered benefits.
Our law firm can stand by you and fight for the Social Security that you need. We understand that when you are deemed disabled, you need every bit of help you can get to provide for yourself and your family. Contact our law office today at 800-800-4600 to speak with a legal representative for a free case consultation.
Common Social Security Disability Injuries in TN
The Federal Social Security law has a strict explanation of disability. The Social Security Administration states that you must prove both your inability to work and the long-term consequences of your condition.
The Social Security Administration will evaluate whether you can seek employment. During this study, if you are eligible to receive benefits, the SSA uses a particular set of regulations to help describe certain diseases or conditions.
These include the following:
- Balance and hearing disorders
- Blood and lymphatic diseases
- Breathing disorders
- Digestive system diseases
- Growth impairments
- Heart and blood vessel diseases
- Kidney diseases
- Musculoskeletal disorders
- Speech disorders
- Vision problems
When seeking SSD, some agencies may request that you fill out a Social Security application for these benefits. The application requires several forms and may also need a face-to-face interview. Be sure to provide all documentation and meet all requirements to lower your chances of a denial claim.
