Temperance Social Security Disability Attorney

woman in wheelchair at desk
Home » Temperance Social Security Disability Attorney

Schaffer & Associates, LPA has three-plus decades of helping clients work through their Temperance Social Security disability claims. If you can no longer work due to a disability, you may be eligible for benefits.

Navigating the application process is complex. You’ll need to:

  • Determine whether or not you meet the SSA’s disability definition 
  • Supply medical evidence of the impairment
  • Provide information related to employment, income, education, etc. 

You may believe that you meet the SSA’s eligibility criteria for disability, but denial rates average 67%.

Our office provides the compassionate legal counsel you need to go through the claim and possible appeals process. Our attorneys tirelessly help you work toward getting the benefits you need to pay your life expenses.

Click here to contact us about your Social Security Disability claim.

How Does the Social Security Disability Appeal Process Work?

If your initial disability claim is denied, there is an opportunity to appeal the decision. You’ll want to work swiftly to appeal the denial. You have sixty days from the decision to submit a request for reconsideration.

Your reconsideration will go to review at the Determination Services office, which is responsible for reviewing the original application.

Unfortunately, there’s no guarantee that this request will be approved. If you receive another denial, you can go through the next stages of appeal:

  • Hearing: You have another 60-day period from the reconsideration request determination to request a hearing. You may have your hearing on the phone, in person or online. An Administrative Law Judge will hear your case.
  • Appeals Council Review: If the hearing doesn’t go in your favor, you can submit a request for the Appeals Council to review the decision. The Council can return the claim to a judge to review, agree with the original hearing result, or make its own decision on your claim.
  • Federal Court: An Appeals Council review can be sent to a federal court review. Often it is more beneficial to file a new application rather than engage in this stage.

As your Temperance Social Security disability attorney, we’ll help you navigate the intensive, and often lengthy, process ahead. Your application may be incomplete, or a key piece of evidence may be missing that would prove that you meet the criteria for acceptance.

What Is the Social Security Disability’s Five-year Rule and Why Does It Matter for Applicants?

The SSD’s five-year rule is an informal rule that states you must have worked for at least 5 of the last 10 years to qualify for Disability. This rule of thumb refers to the fact that all applicants must have worked long and recently enough while paying into Social Security in order to be eligible for SSDI.

For those who do not have a qualifying work history but are still disabled, applying for Supplemental Security Income (SSI) may be a good option

My Social Security Disability is Denied. What Should I Do?

A large percentage of disability applications are denied. If your claim was rejected, you’re not alone. 

SSD claims are denied for various reasons. Some of the most common reasons include:

  • Lack of medical documentation and evidence of the impairment
  • Failure to provide the SSA with the information they requested
  • Filing a new application instead of appealing the decision

If you continued to work while the SSA was reviewing your claim, they may reject your application because you earned too much income to qualify for benefits.

While a denial is disheartening, you shouldn’t lose hope as it’s not a final decision. Appealing the decision is often the best next step.

Our lawyers can guide you through the appeal process and ensure you’re providing the appropriate documentation to support your claim.

What are the Income Limits for Social Security Disability?

If you’re applying for Temperance Social Security disability, it’s important to understand the income limits for benefits. If the SSA determines that you are engaged in “substantial gainful activity” (SGA), your claim will be denied.

What is considered SGA in 2024?

  • $1,550 per month for non-blind individuals
  • $2,590 for blind persons

The SSA does allow for a trial work period if you want to try returning to work without losing your benefits. The trial period typically lasts nine months, during which you will remain eligible for SSD should your work attempt fail and you end up being unable to continue employment. Once the period has ended, your benefits will end if you continue to earn over the limit.

There are certain circumstances in which the SSA will make an exception to the income limits during the extended period of eligibility. For example, if your disability increases your work expenses, the SSA may allow you to earn additional income up to the value of those expenses.

Understanding the income limits of SSDI can be complicated. Your lawyer can help clarify things and answer your questions.

How is Social Security Disability Calculated?

Social Security disability benefits are calculated based on your average lifetime earnings from before you became disabled. The amount you receive each month is not based on the severity of your disability, but purely on your earnings over a period of years, which the SSA calls your “average indexed monthly earnings” (AIME).

Then, a formula is applied to your AIME to determine your primary insurance amount, or PIA.

Your PIA is the main figure that the SSA will use to set your actual benefit amount.

The SSA provides an online benefits calculator to help you estimate your monthly payments. 

How a Social Security Disability Attorney Near Temperance Can Help Your Case

At Schaffer & Associates, we understand that applying for Temperance Social Security disability is a complex and confusing process. Our experienced and compassionate lawyers can help you navigate the road ahead, providing guidance and a helping hand along the way.

We have extensive experience assisting clients with their disability claims.

Contact us today to schedule a consultation