Social Security Disability
Social Security Disability Income (SSDI)
Are you disabled and unable to work? Have you filed for Social Security Disability and been turned down? The important thing is that you retain an experienced attorney to assist you understand the Social Security system and help you navigate through the maze of benefits. Call the office of Garnett Harrison, P.C. at 912-882-1131 to assist you in requesting Social Security Disability benefits.
Ms. Harrison is a member of the National Organization of Social Security Claimant’s Representatives which you can access at http://www.nosscr.org.
The National Organization of Social Security Claimant’s Representatives (NOSSCR) was established in 1979. It is an association of more than 3,900 attorneys and other advocates who represent Social Security and Supplemental Security Income claimants. Their members are committed to providing high quality representation for claimants, to maintaining a system of full and fair adjudication for every claimant, and to advocating for beneficial change in the disability determination and adjudication process.
To file a Social Security Disability claim you can contact the Social Security Administration at www.socialsecurity.gov. You may also call them 1-800-772-1213 between 7:00 a.m. and 7:00 p.m., Monday through Friday.
If you are disabled and unable to work, call the Social Security Administration to make your application at 1-800-772-1213 between 7:00 a.m. and 7:00 p.m., Monday through Friday or at http://www.socialsecurity.gov, or call Garnett Harrison, P.C. at 912-882-1131 to file a claim on your behalf.
Ms. Harrison’s staff has years of legal experience in assisting clients through each step of the disability process. They will closely monitor your claim, complete necessary forms, order and review evidence from your physicians, arrange special medical or psychological evaluations as necessary to help win your case and answer any questions you may have during the course of your claim. Garnett Harrison is a trained professional that will assist you in preparing your case.
Depending on the strength of your medical evidence, its timely submission may sometimes result in an “on-the-record” decision by Social Security, thereby avoiding the necessity of going to a hearing before an administrative law judge. This can mean your benefits may be available to you much sooner
If you are in need of legal assistance with a Social Security Disability claim, call Garnett Harrison, P.C. at (912) 882-1131. An initial consultation is free of charge. If Ms. Harrison agrees to handle your claim, fees are typically contingent in nature, which means fees are due only if you recover benefits. There are no costs to file Social Security Disability claims. The only expenses that any client has are the cost of medical records from their doctors.
Ms. Harrison can assist with your benefits claim when seeking Social Security Disability Income (SSDI) and/or Supplemental Security Income (SSI). It is difficult to know how long the Social Security process might take but properly documented paperwork and timely filings never hurt your chances. In fact, most of the horror stories you’ve heard about how long a disability claim can take and the high chance of being denied are often true. If your claim for disability benefits is denied, it is important to be proactive and continue to seek compensation for benefits by utilizing the Social Security appeals process.
Taking the time to learn about the Social Security disability system is one way to improve your chances for approval. The Disability Determination Services or DDSs is responsible for making decisions regarding the medical eligibility of Georgia residents. The DDSs also oversees Georgia’s “medically needy” program as well as conducting Social Security disability case reviews of existing beneficiaries under federal law, and determining continued program eligibility. Once the review is completed by the DDSs, the Social Security disability benefits application is returned to either the local Social Security Administration office or the Department of Children and Families for a final determination of eligibility and the effectuation of Social Security benefits.
It’s impossible to know how long it will take for approval of a Social Security disability claim. However, we’ve listed below some of the pitfalls to be avoided when seeking compensation for Social Security benefits:
· Application Not Filed in a Timely Manner
· Failure to Disclose All Physical & Mental Conditions
· Missing Social Security System Deadlines
· Did Not Follow Doctor’s Orders
· Not Prepared at Social Security Hearing
· No Show for Disability Hearing
· Filing New Application Instead of Appeal
As with any bureaucratic system, in order to over turn a denial an appeal must be filed at every level. After a denial of the initial application, a Request for Reconsideration must be filed and after a denial of the reconsideration, a Request for Administrative Hearing is usually required.
The appeal process is very technical and cumbersome and consists of three stages:
1) The initial applications for Social Security Disability are generally denied in the State of Georgia. About 60% of the initial applications are denied. You then have 60 days to file a Request for Reconsideration.
2) The second stage is the Request for Reconsideration. About 80% of the reconsideration decision will also result in a denial. It is important to have an attorney by your side at this level to have your request reconsidered.
3) The Request for Administrative Hearing before the Administration Law Judge is your best possibility of success. After this hearing, one can appeal a second denial and ultimately take your request to a federal court.
“The law defines disability as the inability to do substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. To meet this definition, you must have severe impairment which makes you unable to do your previous work or any other substantial gainful activity which exists in the national economy.”
Your chances of receiving Social Security Disability are greatly enhanced when you have a lawyer. The success rate with an attorney is as high as 90%. Please contact Garnett Harrison, P.C. at 912-882-1131 to assist you in appealing your claim. We are located at 239 E. King Ave, Kingsland, Georgia.
There are no costs to file Social Security Disability claims. The only expenses that any client has are the cost of medical records from their doctors.
There is no charge by our firm for an initial consultation and attorney’s fees are not charged unless or until a claim is successful. These charges, if any, are approved by Social Security to ensure fairness. The fee is generally 25% of any past due benefit received by the Claimant but not greater than $6,100.00. If your case is not successful, you are not charged any fee.
The governmental process is very time consuming and can cause great strain. Medical records must be gathered throughout the process and forms must be timely submitted. Many people find it very difficult to keep up with this process especially when they are suffering from severe injuries or are in severe pain.
At Garnett Harrison, P.C., we will work with you and your medical providers to complete the necessary forms setting forth their medical evaluations and other medical evidence needed to prove your claim to the Social Security Administration. Workers who have contributed to the Social Security Administration and properly qualify to receive money and medical benefits from the Social Security Administration should feel no shame in seeking out a lawyer when they have been wrongfully denied. Don’t give up. Contact Garnett Harrison, P.C. at 912-882-1131.
If you are unable to work, you may be eligible for disability benefits. The definition for “working” is “engaging in substantial gainful activity,” abbreviated as SGA. The government sets specific amounts of monthly income, and if you earn more than these amounts, you are considered to be engaging in SGA.
If Your Pain Affects Your Life, You May be Eligible for Social Security Disability Benefits (SSD)
You can be approved for SSD benefits based on any medical condition or diagnosis regardless of whether that condition is specifically listed as impairment by the SSA. Why? Because the SSA focuses on your residual functional capacity — what you are able to do despite your pain — instead of just the diagnosis.
You can be approved for disability for a broad range of injuries, illnesses, disabilities and impairments — not just the ones listed here. From depression to diabetes to Crohn’s Disease, at Garnett Harrison, P.C. we may be able to help you qualify for Social Security Disability benefits based on what your physician says in your medical records.
While many people will be approved for disability benefits based on medical conditions included in the SSA impairment listing manual, many more will be approved based on consideration for their current limitations, age, educational level and past work experience. Talk to us about your situation. Call us at 912-882-1131.
SSI is short for Supplemental Security Income. It pays monthly cash benefits to people who are age 65 or older, those who are blind or those who have a disability and who do not own much or have a lot of income. SSI is for those workers who have not earned enough quarters in their work history (less than 40 quarters). It is income based. You must have income of less than $2,000 a month to qualify. SSI is not just for adults. Monthly benefits may go to disabled and blind children too.
To learn about the benefits for which you may be eligible, call Garnett Harrison, P.C. at 912-882-1131. We’ll be glad to talk with you about all of your Social Security Disability or Supplemental Security Income concerns, and give you clear answers to your questions.
Let us apply for your SSDI benefits as soon as you and your doctors agree that your disability is going to last a full year. If you are thinking about applying for disability benefits, talk with us at Garnett Harrison, P.C. We will handle your SSDI claim for you from the very beginning, or at any other stage of your case. It’s not true, as so many people think, that you must apply first on your own. We can do that for you. Our fees are regulated by the government. The fees are the same no matter at what stage we take on your case.
There is no charge by our firm for an initial consultation and attorney’s fees are not charged unless or until a claim is successful. These charges, if any, are approved by Social Security to ensure fairness. The fee is generally 25% of any past due benefit received by the Claimant but not greater than $6,100.00. If your case is not successful, you are not charged any fee.
If you have stopped working, you should not hesitate to file for disability. The longer you wait, the more you may have to deplete your savings while you go through the Social Security Disability process.
The people we help are affected by many different types of accidents, injuries and pain that prevent them from working. If you’re suffering from a disabling condition, contact us to talk about getting the benefits you need.
Here are just some of the types of disabilities our clients have experienced:
· Mental health problems
· Orthopedic injuries (problems with bones, muscles and joints)
· Cardiac/vascular disorders (problems with the heart, blood and circulation)
· Neurological disorders (problems with the nervous system)
· Sleep disorders
· Fibromyalgia
· Headaches
· Blood disorders
· Diabetes mellitus
· Auto-immune diseases / AIDS and HIV
· Cancer
· Stomach, intestine and liver disorders
· Pulmonary disorders (lung and breathing problems)
When Accidents Lead to Medical Conditions and Problems
Many people worry about making smart decisions after they’ve been injured in an accident. If you have been permanently disabled in an accident, if your injuries keep you out of the workplace, talking with Garnett Harrison, P.C. is one of the smartest decisions you can make … and it’s FREE.
The best way to learn about getting Social Security Disability benefits after a car accident, workplace accident or any other accident is to talk with us at Garnett Harrison, P.C.
When an accident keeps you from being able to work, filing a successful Social Security Disability claim may be the answer. To find out more, talk with our advocates by calling 912-882-1131.
At Garnett Harrison, P.C., we represent people who have been injured in work-related and non-work related accidents of all types, including the ones listed below:
· Workplace accidents/workers’ compensation: Many people think that workplace accidents leave injured workers only one option: workers’ compensation. This is simply not true. If you have been hurt on the job and you can no longer work, you may be eligible for Social Security Disability benefits as well as workers’ compensation. The best way to find out is to call Garnett Harrison, P.C. about your job site injury.
· Car accidents: Our advocates help the victims of motor vehicle accidents move forward with their lives when they can no longer work. More than just car accidents, if you have been injured in a truck accident, motorcycle accident, bicycle accident or pedestrian accident and cannot work, talk with us about your options.
· Accidents at home: We also represent people who have been injured in accidents at home or on another’s property. These include slip-and-fall accidents, falls down stairs, injuries from falling objects and animal attacks.
· Other accidents: No matter what type of accident you have been involved in, from swimming pool accidents, to construction site accidents, accidents caused by dangerous and defective products or by dangerous road conditions, you may be able to file a Social Security Disability claim if you can no longer work.
Our clients have suffered a broad range of injuries after accidents of all kinds. They have experienced back injuries, head injuries, lost limbs and repetitive stress injuries like carpal tunnel, as well as injuries to joints.
Frequently Asked Questions about Social Security Disability
At Garnett Harrison, P.C., the questions we get from clients or prospective clients vary greatly based on what stage of the Social Security Disability or Supplemental Security Income people may have reached.
How do I apply for disability benefits?
You can apply online at www.socialsecurity.gov or call a toll free number 1-800-772-1213 and make an appointment at a local Social Security office to file the claim in person, which will take a few hours. You can also file by telephone. Plan for a disability claims interview to last about one hour. A Starter Kit is also available online at www.socialsecurity.gov/disability.
You will need to be prepared for your first meeting. Make sure you have documents that contain your social security number, a birth certificate, the names, addresses, and phone numbers of doctors, nurses, hospitals, clinics, and any medical professionals you consulted. Include the dates of all of your visits for medical care and name the medication and dosage of all drugs you’re taking. All medical records must be included as well as lab and test results.
You need to be able to talk about the type of work you did and bring a copy of your most recent Wage and Tax Statement (W-2 Form).
Then why would I hire an attorney?
We know how to navigate the system. Garnett Harrison, P.C., has handled scores of Social Security Disability claims cases. We can make the process far more streamlined for you and less painful. We contact the doctor’s offices, compile the necessary medical records, and arrange for necessary testing or evaluations. We work to get every benefit you are entitled to under the law. We take care of the paper work so you can concentrate on your health.
What are the costs of filing for Social Security Disability?
There are no costs to file Social Security Disability claims. The only expenses that any client has are the cost of medical records from their doctors.
There is no charge by our firm for an initial consultation and attorney’s fees are not charged unless or until a claim is successful. These charges, if any, are approved by Social Security to ensure fairness. The fee is generally 25% of any past due benefit received by the Claimant but not greater than $6,100.00. If your case is not successful, you are not charged any fee.
We get paid by the government when we win your case. This means that you don’t have to hesitate to pick up the phone and call us. It means that you don’t have to put off getting the help you need just because you’re feeling strapped for cash.
How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?
You can file for Social Security disability benefits on the very same day you become disabled. If you’ve suffered serious illness or injury and expect to be out of work for a year or more don’t delay in filing a claim for Social Security disability benefits.
If I get Social Security disability benefits, will I get Medicare?
If you are approved for any kind of Social Security disability benefit other than SSDI you will get Medicare after you have been entitled to Social Security disability benefits for two years.
I am still on sick leave from my employer. Can I file for Social Security disability now or do I have to wait until the sick leave is exhausted?
No, you do not have to wait until the sick leave is exhausted. You should file for Social Security disability benefits now if you believe that you will be out of work for a year or more.
Can someone win Supplemental Security Income (SSI) and not win Social Security Disability (SSD)?
Many people can receive both. The definition of disability is the same for Supplemental Security Income (SSI) and Social Security Disability (SSD) and the appeals process is the same for both.
If you haven’t worked recently, you may not be eligible for SSD. You may still get SSDI if you can prove a recent disability and are poor. Alternatively, you could receive SSD and not get SSI. This usually happens when a person’s income is too high to qualify for SSI.
How does Social Security determine if I am disabled?
Most Social Security disability claims are initially processed through a network of local Social Security Administration (SSA) field offices and State agencies (usually called Disability Determination Services or DDSs). Subsequent appeals of unfavorable determinations may be decided in a DDS or by an administrative law judge in the SSA Office of Disability Adjudication and Review.
The DDS will look at your medical records and consider your health problems, your age, education and work experience. It will be up to Social Security to determine if you can do the same work you did in the past. If you are unable to fulfill the requirements of the job you previously held, Social Security is supposed to decide whether there might be some other job you can do considering the limitation of your health, age, education, and work experience.
The Social Security procedure on disability evaluation can be found at http://www.socialsecurity.gov/disability/professionals/bluebook/
How do I know if I will be found disabled?
There is no easy way to answer that question. After you file your claim, the Disability Determination Services (DDS) in Georgia receives the case. This person, after consulting with your doctor, will make the initial decision about your claim. If the claim is denied, you can request a reconsideration of the case, which is then sent to another examiner at the DDS. Eventually the claimant may request a hearing and the case is then sent to an Administrative Law Judge who works for Social Security to make an independent decision.
While you have no idea what the outcome will be of your case, an individual should make the decision to apply for Social Security disability benefits based on their physical or mental condition and their ability to return to the job.
What do I need to know about my disability?
You must be able to answer questions about your medical condition such as when it began, how it limits your ability to work, what medical tests and treatment you have received, and what they conclude.
You will be asked if you are working. If you are and make over a certain amount each month, you generally will not be considered disabled. You must be able to answer whether or not your medical condition limits what you can do. For example - can you sit, walk, and talk? Can you remember what you are told?
Lastly, it will be determined if your medical condition is on a List of Impairments that describe disabilities so severe that you are automatically qualified as disabled by law. They include impaired growth, musculoskeletal system impairment, and sense and speed impaired.
For a complete list of impairments please see: http://www.socialsecurity.gov/disability/professionals/bluebook/listing-impairments.htm
If I am approved for Social Security disability benefits, how much will I get?
It depends on how much you worked and earned in the past. For disabled widow’s or widower’s benefits, it depends how much the late husband or wife worked and earned. For disabled adult child benefits, it depends how much the parent worked and earned. For all types of SSDI benefits, there is a base amount that an individual with no other income receives. Other income that an individual has reduces the amount of SSDI that he or she can receive. The Social Security Administration website www.socialsecurity.gov provides a list of monthly income amounts on Social Security Disability.
How much will my benefits be and can my family get benefits?
There is a formula that depends on how long you worked and earned in the past. For a disabled widow or widower, the same formula applied to your late husband or wife. For a disabled adult child, the amount would depend on how much the parent worked and earned. The Social Security Administration website www.socialsecurity.gov provides a list of monthly income amounts on Social Security Disability.
If you decide to work and want to continue earning your Social Security disability and Medicare benefits, Garnett Harrison, P.C. can help you navigate the trial work period so you are not penalized for attempting to return to work. We hope you do not become disabled, but if you do, Garnett Harrison, P.C. can help you file a successful claim and help you challenge any denial of your benefits.
How far back will they pay benefits if I am found disabled?
For Disability Insurance Benefits and for Disabled Widow’s and Widower’s Benefits, the benefits cannot begin until five months have passed after the person becomes disabled. In addition, benefits cannot be paid more than one year prior to the date of the claim. For a Disabled Adult Child, there is no five-month waiting period before benefits begin, but benefits cannot be paid more than six months prior to the date of the claim. SSDI benefits cannot be paid prior to the start of the month following the date of the claim.
If you were wrongfully denied social security disability benefits, Garnett Harrison, P.C., about filing a claim.
Can I still get Workers’ Compensation benefits if I apply for Social Security disability?
You can receive Social Security disability benefits even while you are receiving workers’ compensation. However, there is a reduction in Social Security disability benefits which are offset because you are also receiving workers’ compensation benefits. In some states, the workers’ compensation benefits are actually reduced when the worker is also receiving Social Security disability benefits.
I got hurt on the job. I am drawing workers’ compensation benefits. Can I file a claim for Social Security disability benefits now even though I’m receiving workers’ compensation benefits?
Yes, you can file a claim for Social Security disability benefits while receiving workers’ compensation benefits. It is best to file the Social Security disability claims as soon as possible because otherwise there may be a gap between the time the workers’ compensation ends and the Social Security disability benefits begin.
What if I was staying home with the kids - can I qualify for Social Security disability?
If you have worked five out of the last 10 years, you may have enough earnings to qualify for Social Security Disability benefits. It depends on how many years you have been a homemaker. The only exception might be for those under the age of 31 who have not spent many years on the job. Remember, as a homemaker, you may qualify for Supplemental Security Income (SSI), regardless of your work history.
I was hurt in a car accident but should be able to return to work. Should I file for Social Security disability benefits?
Yes, if you expect that your injuries will keep you out of work for at least a year you should file for Social Security disability benefits.
Disability Denial and Reconsideration
If you were wrongfully denied social security disability benefits, Garnett Harrison, P.C., about filing a claim.
Social Security disability benefits are a safety net for most Americans who never expected to become disabled. The odds are not as slim as you might thing - for a 20-year-old, the chance of becoming disabled before retirement age is 3 in 10.
Whether your disability is a mental or physical one, a disability can make it impossible for you to be gainfully employed. The disability must be serious enough and expected to last for a continuous period of time extending 12 months or beyond, or where death is likely to result.
The process of receiving Social Security disability insurance (SSDI) can be time-consuming and challenging. The truth is that while Social Security is supposed to be there when we need it, the Social Security Administration makes it very difficult to get those benefits. Unfortunately, about 60% of the initial applications are denied.
That may be because there is no simple way to determine if an individual is disabled. There is an underlying suspicion that many people will fake a disability in order to qualify for benefits. Or you may be denied Social Security disability if it is determined that with retraining you could return to some sort of employment.
If you are denied at the initial level you should appeal by filing a Request for Reconsideration within 60 days. The case is then sent to a different examiner, but unfortunately about 80% of the time the reconsideration decision will also result in a denial.
At that time it will also be important to have an experienced attorney by your side because the hearing represents the best case to have your request reconsidered. After that hearing, one can appeal a second denial and ultimately take their benefits request to a federal court.
Applicants who use the expertise of a knowledgeable attorney have a greater likelihood of obtaining benefits. Garnett Harrison, P.C. will stand by you through the arduous process and walk you through the steps needed to challenge a denial. With so much on the line, we are prepared to argue your case during the Georgia Social Security disability denial and reconsideration process. Our experienced attorney will ensure your medical documents are up-to-date and medically substantiate your condition.
What if I disagree with the findings?
You do have the opportunity to appeal any decision you disagree with. Do not be surprised as only about 40% of claims are approved. If you are turned down and still do not expect to return to work in the near future, you should file an appeal, that is, a request for reconsideration. Your case then goes to a different disability examiner to make a new decision. Expect a denial at this stage as well because on average, about 80% of reconsideration decisions are also denied.
You have the right to an attorney and Garnett Harrison, P.C. will be honored to discuss your case. If you plan to appeal, you must file that request in writing within 60 days after you get the letter denying your claim.
There are three levels of appeal and it is at this point that you should have an experienced attorney at your side because the stakes are high.
With so much as stake, try not to go it alone.
What makes a case a good case?
The best cases are those where the medical and financial evidence is extremely strong. In particular, the strongest cases are those in which your doctor supplies a thorough narrative. At Garnett Harrison, P.C., we make sure your application is complete and accurate before submitting it to the Social Security Administration.
Have more questions?
The best way to get answers is to talk with us at Garnett Harrison, P.C. Call us at 912-882-1131.