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Atlanta Disability Attorneys

Filing a Disability Claim in Fulton County, GA

The federal government has several programs in place for disabled and low-income individuals in need of financial assistance. If you have a medical condition that prevents you from working, you could be entitled to Social Security disability. If you are a U.S. military veteran, you may qualify for benefits through the Veterans’ Affairs (VA) disability program, which supports those who have served our country. Individuals and families with low income and resources may also qualify for Supplemental Security Income (SSI), regardless of work history.

Seeking advice from a trusted advocate like a disability lawyer in Atlanta at Affleck & Gordon can help you understand the application nuances, increasing the likelihood of a well-prepared claim. Our team ensures every client fully understands their options and the necessary steps forward.

No matter the challenge you are facing, our Atlanta disability attorneys have extensive experience navigating related issues, including initial claim filings, appeals, and litigation. Our comprehensive approach aims to protect your financial security and help you obtain the fair benefits you are owed to move forward with your life.

What Is Social Security Disability?

Social Security disability, or SSD, refers to disability benefits provided by the federal government to individuals who have disabilities or medical conditions that prevent them from engaging in substantial gainful employment (SGA). These benefits provide essential financial support and can help cover living expenses for those unable to work due to health issues.

There are two main types of SSD:

Social Security Disability Insurance (SSDI): SSDI is available to individuals who have worked long enough and recently enough earning income that was taxed by Social Security and who have a qualifying “disability,” as defined by the Social Security Administration (SSA). Benefits are calculated based on the claimant’s work history and are paid on a monthly basis. Understanding eligibility requirements and gathering thorough documentation is essential in ensuring the successful processing of your claim.
Supplemental Security Income (SSI): SSI is funded by general taxes, not Social Security taxes. This means that SSI benefits are available to qualifying individuals regardless of work history. To be eligible for SSI benefits, one must be 65 or older, blind, or disabled, and have limited income and resources (as defined by the SSA). These benefits are critical for individuals who need extra financial support due to their circumstances.

Although the qualifying requirements for each type of benefit are different, it is possible to receive both SSDI and SSI in some cases. Consulting with knowledgeable disability benefits lawyers in Atlanta can help clarify which benefits are applicable to your situation.

If you believe you may qualify for SSDI or SSI, or if you need help filing your claim, reach out to Affleck & Gordon right away. We can help you prepare your claim—including gathering the necessary evidence, documents, and paperwork—to help avoid errors and issues that could jeopardize your benefits. If your claim has already been denied, we can assist you in filing an appeal. It is important that you act quickly, as you only have a limited amount of time to appeal a denied Social Security disability claim. Our approach is meticulous and client-focused, emphasizing clear communication and support through every stage.

What Is VA Disability?

Overseen by the U.S. Department of Veterans’ Affairs, VA disability provides monetary benefits to U.S. military veterans who suffered a qualifying, service-related disability. This applies to both physical and mental health conditions, as well as preexisting conditions that were worsened by military service. Like SSI benefits, but unlike SSDI benefits, VA disability benefits are not taxable. These benefits offer essential support in easing the financial burden caused by service-related injuries and conditions.

The process of applying for VA disability benefits can be complex and time-consuming, but our Atlanta disability lawyers at Affleck & Gordon can help. We have over 45 years of experience navigating the disability system on behalf of veterans and have represented clients who served in all branches of the U.S. military, as well as qualifying dependents and family members. With our assistance, you can ensure that your application is complete and promptly submitted, enhancing your chance of a positive outcome.

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Why Was My Claim Denied?

Unfortunately, not all applications for disability benefits are approved, and there are various reasons why a claim might be denied.

Some common reasons for SSDI or SSI denials include:

Insufficient Medical Evidence: One of the primary factors in determining disability eligibility is the presence of a medically determinable impairment that prevents the individual from engaging in substantial gainful activity. If the medical evidence provided in the application is insufficient or lacks documentation of the severity and duration of the disability, the claim may be denied. Our team can assist in collecting and verifying medical evidence to support your claim.
Failure to Follow Treatment Plans: If an individual does not follow prescribed medical treatments or fails to attend medical appointments, the Social Security Administration (SSA) may question the severity of the disability. Non-compliance with medical advice may lead to a denial of benefits. Ensuring adherence to prescribed treatments is crucial in maintaining eligibility for benefits.

Lack of Work Credits (SSDI): SSDI eligibility is based on work credits earned through previous employment and payment of Social Security taxes. If an applicant does not have enough work credits, they may be ineligible for SSDI benefits. Understanding the work credit requirements and planning accordingly is essential for eligibility.
Engagement in Substantial Gainful Activity (SGA): SSDI and SSI benefits are designed for individuals who are unable to engage in substantial gainful activity due to their disabilities. If the SSA determines that the applicant is still able to work at a level considered substantial, the claim may be denied. Thoroughly documenting your inability to work is critical in the application process.
Inadequate Supporting Information: The application may lack sufficient details or fail to provide a complete picture of how the disability affects the individual's ability to work. Providing detailed information about daily activities, limitations, and the impact of the disability on work-related tasks is crucial.
Failure to Cooperate: If an applicant does not provide requested information or fails to cooperate with the SSA during the application process, it can lead to a denial. Being responsive and providing timely information requested by the SSA can safeguard your claim.
Improvement in Medical Condition: The SSA may review cases periodically to assess whether there has been an improvement in the individual's medical condition. If the SSA believes the individual's condition has improved to the point where they can work, benefits may be discontinued. Regular communication with your healthcare provider and timely reporting to SSA can help manage this situation.
Earning Too Much Income (SSI): SSI is a needs-based program, and eligibility is affected by income and resources. If the individual's income or resources exceed the allowable limits, they may be ineligible for SSI benefits. Understanding the income and resource limits is vital for maintaining eligibility.
Disability Not Expected to Last Long Enough: To qualify for disability benefits, the impairment must be expected to last for at least 12 continuous months or result in death. If the SSA determines that the disability is not expected to meet this duration requirement, the claim may be denied. Thorough documentation of your medical condition's expected duration can help mitigate this risk.

It's important for individuals applying for SSDI or SSI benefits to carefully review the eligibility criteria, provide comprehensive medical documentation, and seek legal assistance from a disability benefits attorney in Atlanta if their claim is denied. Appeals processes are available for those who believe their denial was unjustified, and legal representation can be valuable in navigating these appeals. With professional assistance, you can enhance your understanding of the process and improve the likelihood of a favorable result.

Atlanta Disability Claim FAQs

What is SSDI and who is eligible?

SSDI is a federal benefit for people who have worked and paid Social Security taxes but are now unable to work due to a long-term or permanent disability. To qualify, you must have a medical condition expected to last at least 12 months or result in death, and you must have earned enough work credits through prior employment.

What are “work credits” and how many do I need?

Work credits are earned based on your yearly income and the amount of Social Security taxes you pay. Most adults need 40 work credits to qualify for SSDI, with 20 of those earned in the 10 years before the disability began. Younger workers may qualify with fewer credits.

What is considered “substantial gainful activity”?

Substantial gainful activity (SGA) refers to the level of work a person can perform and the amount of money they earn from it. If your monthly earnings exceed the SGA limit (which changes annually), you generally will not be considered disabled for SSDI purposes.

How do I apply for SSDI?

You can apply for SSDI online through the Social Security Administration’s website, by phone, or in person at your local SSA office in Atlanta. You’ll need to provide medical records, proof of identity, and detailed information about your work history and income.

How much will I receive if I’m approved?

SSDI benefits are based on your lifetime average earnings covered by Social Security. The higher your previous income, the higher your potential benefit amount.

What should I do if my SSDI claim is denied?

If your claim is denied, you have the right to appeal the decision. The appeals process includes several steps: reconsideration, a hearing before an administrative law judge, review by the Appeals Council, and, if necessary, a federal court review. Having an experienced disability attorney can make a significant difference during appeals.

What is SSI and how is it different from SSDI?

SSI is a needs-based federal program that provides financial assistance to individuals who are disabled, blind, or age 65 and older and who have limited income and resources. Unlike SSDI, SSI does not require prior work history or work credits.

What are the income and asset limits for SSI in Georgia?

To qualify for SSI, your countable resources generally cannot exceed $2,000 for an individual or $3,000 for a couple. Your income must also fall below certain federal limits. Georgia provides a small state supplement to eligible SSI recipients.

Can I work and still receive SSI?

Yes, you may still receive SSI if you work, but your earnings will reduce the amount of your monthly benefit. Certain income exclusions apply, such as the first $20 of unearned income and a portion of earned income.

What happens if my income or living situation changes while I’m on SSI?

You are required to report any changes in your income, assets, living arrangements, or employment to the SSA as soon as possible. Failing to report changes can result in overpayment, penalties, or loss of benefits.

How do I apply for SSI?

You can apply online, by calling the SSA, or by visiting your local Social Security office in Atlanta. You will need documents verifying your identity, income, and medical condition if you are applying based on disability.

What is VA disability compensation and who qualifies?

VA disability compensation is a benefit for veterans who have a service-connected disability — meaning a medical condition that was caused or worsened by their military service. Eligible veterans must have been discharged under conditions other than dishonorable.

Can I receive both VA disability and SSDI/SSI benefits?

Yes. You may qualify for VA disability compensation as well as SSDI or SSI. However, SSI benefits may be reduced depending on your VA compensation amount since SSI is income-based.

How does the VA determine my disability rating?

The VA assigns a disability rating from 0% to 100% in 10% increments based on the severity of your service-connected condition. Your monthly benefit amount depends on this rating and whether you have dependents.

How long does it take to get a decision on a VA disability or SSDI/SSI claim?

Processing times vary. SSDI and SSI claims may take several months, especially if an appeal is required. VA disability claims can also take several months or longer, depending on medical evidence and case complexity. Some cases, such as those involving severe conditions, may qualify for expedited processing.

Are there any state-specific benefits or programs for disabled individuals in Georgia?

Yes. Georgia provides supplemental SSI payments for certain recipients and additional state benefits for veterans, such as property tax exemptions, education benefits, and special license plates. The Georgia Department of Veterans Service can assist with VA-related claims.

Where can I go in Atlanta for help with my disability claim?

Residents of Atlanta can visit their nearest Social Security office for SSDI or SSI assistance. Veterans can reach out to the Atlanta VA Regional Office or the Georgia Department of Veterans Service. Disability attorneys and local legal aid organizations in Atlanta also offer guidance with filing or appealing claims.

What are some common mistakes people make when applying for disability benefits?

Common mistakes include submitting incomplete medical evidence, missing filing deadlines, failing to report income changes, or not appealing a denial in time. Many applicants are initially denied but later approved on appeal when they provide additional documentation or legal representation.

Why Choose Our Atlanta Disability Lawyers?

Hiring our disability lawyer at Affleck & Gordon can offer a range of advantages for individuals seeking long-term disability benefits. Here are some benefits of choosing our legal representation:

Extensive Knowledge and Experience: When you choose us, you benefit from our vast understanding in handling disability claims. Our team of skilled attorneys is adept at navigating the complex process of disability law and understands the nuances of the SSA regulations, allowing us to provide detailed and informed assistance for your application.
Guidance through the Application Process: We provide valuable guidance through every step of the disability application process. From gathering necessary documentation to completing forms accurately, we ensure that your application is thorough and presents a compelling case for disability benefits. Our attention to detail reduces the risk of errors that could delay or jeopardize your claim.
Maximizing the Chance of Approval: Our team is dedicated to maximizing your chances of approval. We work diligently to present your case in the most favorable light, addressing potential pitfalls and ensuring that all relevant medical evidence is appropriately documented and submitted. Proactive measures and strategic planning contribute to building a strong case.
Handling Appeals and Denials: If your initial claim is denied, we are here to guide you through the appeals process. Our experienced attorneys understand the specific requirements for appeals, including requesting reconsideration, representing you at hearings, and pursuing further legal actions if necessary. Our support at every stage helps demystify the appeals process and boosts your confidence in pursuing your claim.
Communication with the SSA: We handle all communication with the Social Security Administration on your behalf. This includes responding to inquiries, providing additional documentation as needed, and addressing any concerns raised during the application or appeals process. Our role as intermediaries reduces stress and streamlines interactions with SSA processors.
Legal Representation at Hearings: Should your case progress to a disability hearing, our legal team provides strong representation. We prepare you for the hearing, present your case effectively, and advocate for your rights to maximize the likelihood of a favorable decision.
Managing Timelines and Deadlines: Disability claims involve strict timelines and deadlines. We ensure that all necessary paperwork is filed promptly, preventing unnecessary delays and increasing the efficiency of the application or appeals process. Timely submissions and proactive follow-ups help maintain momentum in your case.
Compassionate Support: We approach each situation with empathy and understanding. Our team recognizes the challenges associated with disability, and we provide compassionate support to guide you through the legal process, ensuring you feel informed and supported every step of the way. By addressing your concerns and questions with care, we foster an environment of trust and comfort.

For experienced help with a Social Security or VA disability claim in Atlanta, call Affleck & Gordon at (404) 990-3945 or contact us online for a free and confidential consultation.

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You Deserve Financial Security
Your case is important to you, and it’s important to us. It represents how you will or will not be able to take care of your basic needs, as well as those of your family, for the foreseeable future. We are committed to fighting for what you deserve.
You Deserve a Thorough Team
The Affleck & Gordon team is not only committed to your case, but we are committed to you. We understand that this is your life and your future, and will diligently do everything on our end to obtain a favorable decision on your behalf.
You Deserve Experienced Counsel
With over 45 years of experience and tens of thousands of individuals helped, our team has the skill, resources, and determination to aggressively and strategically evaluate, understand and fight your claim.
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At Affleck & Gordon, we are committed to providing the highest possible legal counsel. We return calls promptly, keep you up to date on your case, and will always be there for you. We do not rest until you get what you deserve.

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