Yes, some people do get approved for disability the first time. According to information provided by the Social Security Administration (SSA), 53% of Social Security Disability applicants receive a denial of benefits based on their first application. Based on this information, that means that 47% are approved for benefits the first time they apply. However, if you receive a denial of Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you have the right to file an appeal.
Pursuing Social Security Disability benefits with a first-time application can be stressful and time-consuming. A lawyer can help you with the process of applying for benefits or filing an appeal. They can examine what information could supplement your claim and work to secure the compensation you need.
Understanding Social Security Disability Programs
There are two Social Security Disability programs: SSDI and SSI. These two programs vary in terms of eligibility, required information, and rendered benefits.
Understanding these two programs and what they offer is essential to ensuring that you get the benefits you need. While you may be able to seek assistance via both programs, you will need to apply separately to each one.
The SSDI Program
Your eligibility for SSDI will rest on your age, disability, and employment history. This program is funded through Social Security taxes that are taken out of people’s paychecks. This program uses what is known as “work credits” to determine whether you qualify for this program. The SSA notes that most people need 40 work credits to qualify, and you can earn up to four credits a year. However, depending on how old you are, you may not need that many work credits.
If you qualify, you will need to provide evidence that shows the SSA that you are disabled and face challenges providing for yourself. You must have an impairment that has lasted 12 months, will last 12 months, or will result in your passing, per the SSA handbook.
The SSI Program
SSI is not a work-credit-based system. It is based on a claimant’s countable assets. The SSA notes that to qualify for this program, an individual cannot have more than $2,000 in countable assets. A married couple cannot have more than $3,000 in countable assets. Some things that you own, like your house and personal belongings, do not count toward the income threshold. If the SSA thinks that you make too much money, you may be ineligible for SSI.
Understanding how SSDI and SSI works can be confusing. However, it does not have to be when you work with a lawyer. They can explain your eligibility for both programs and work to get you the benefits you need.
You Can Fight a Denial of Benefits
The SSA notes that if you receive a denial of SSDI or SSI benefits, you can file an appeal. The appeals process consists of four stages. However, you can be approved for benefits at any stage.
The appeals process is as follows:
- A hearing by an Administrative Law Judge (ALJ)
- A review by the Appeals Council
- Federal Court review
Essentially, your application is reviewed at each phase by someone who did not take part in your application’s initial denial. The auditors will look at your application and determine whether you are disabled, unable to work, and can prove the severity of your impairment. They may find that even though you have an impairment, you are still able to hold a job if you got employment training or more education. This would disqualify you for disability benefits.
A lawyer can guide you through the process of filing an appeal and explain your legal options. Even if you do not get approved for disability the first time, it does not have to be the end of your fight for benefits.
George Sink, P.A. Injury Lawyers Can Help You Get Disability Benefits
If you received a denial of benefits, you are not alone. A Social Security Disability lawyer from George Sink, P.A. Injury Lawyers can help you with an appeal of your case. If you have not received a denial of benefits and want to apply for SSDI or SSI, we can also provide legal help.
You do not have to pay us anything unless we recover benefits for you. We get paid out of the backpay that you get if you are approved for benefits. This makes it so you can hire a lawyer, even if you have some concerns regarding cost.
We do not require any down payments or retainers. If we cannot advance your legal interests, then you do not pay us our attorney’s fees.
Contact Our Attorneys Today for More Help
Let a member of our team get to work for you today. Call George Sink, P.A. Injury Lawyers now for a free case evaluation.