Finding The Best Georgia Social Security Disability Lawyer

Seeking Social Security disability benefits takes a lot of time and effort, and can be very frustrating, even under the best of circumstances. 

Yet the process of seeking benefits also requires the knowledge and foresight to be prepared at each stage of a claim and to know what steps to take for the best chance of being approved.

This can be a lot to ask of any individual, let alone when you are facing medical and financial concerns from being unable to work.

A Georgia Social Security Disability lawyer can provide the guidance and expertise you need to navigate your case, as well as advocate for you and give you the best chance of winning your claim.

Being approved at the initial stage of a claim can be difficult for many claimants. If you’re denied and must appeal the decision, you’re not alone. 

Although there are some instances where your claim neatly matches one of the SSA’s strict disability listings, it’s important never to assume your approval is guaranteed.

Statistics show that nearly two-thirds of those who apply for Social Security disability are initially denied and must go through a lengthy appeals process.

Common reasons you may be initially denied benefits include:

•  Errors committed by the Social Security Administration
•  Lack of proper medical evidence
•  Severity and duration of condition deemed insufficient
•  New claim following a denial, rather than an appeal
•  Missed deadlines or improperly filed documentation
•  Non-medical reasons, such as excessive income or insufficient work credits

What’s the Difference Between SSDI and SSI?

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both benefits programs for those who are disabled and unable to work. The medical evidence required to prove your disability is the same for both programs.

However, these are separate programs, and which benefits program is right for you will depend on your unique situation. Here are some of the key differences to understand.

Supplemental Security Income (SSI):

SSI is a means-tested benefit for those who are disabled with limited or no income. Usually, your monthly income can’t exceed the monthly benefit rate, which is $841 for an eligible individual, and $1,261 for couples in 2022. You must also not have certain assets exceeding $2,000, or $3,000 for couples. However, there are some exclusions that can help.

Social Security Disability Insurance (SSDI):

SSDI is a benefit you acquire by earning “work credits” or “quarters” over a period of years by working and paying Social Security taxes. If you win your SSDI case, your payments will be based on your lifetime contributions to Social Security taxes. In general, you’ll need to earn 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled, though in some circumstances younger people with fewer credits can qualify for SSDI.

Qualifying for Social Security Disability Benefits

Qualifying for Social Security disability benefits typically means you meet the following criteria.

1. Your disability has or is expected to last at least 12 months, or end in death
2. Your disability prevents you from working any job you are qualified to perform in the U.S.
3. You earn less than $1,350, or $2,260 for blind individuals, in Substantial Gainful Activity (SGA). This amount differs for legally blind individuals.

Even part-time work that is less than the limitations provided by the SSA can be considered in deciding if you are disabled. Any kind of work and even certain types of volunteer activities can be used to prove your capability of working.

Talk to your Georgia social security disability lawyer about how these activities may affect your claim.

Medical Evidence

In order to prove your physical or mental disability, you must provide medical information such as imaging and test results, notes from doctors’ visits, related medications, doctors’ letters, and other relevant documentation of your condition.

Using this evidence, you must either meet the strict criteria of one of the conditions listed in the SSA’s blue book or alternatively prove that your Residual Functional Capacity (RFC) causes you to be unable to work. The SSA defines Residual Functional Capacity as the maximum amount of work you can do as a result of your physical or mental conditions. 

Our Atlanta social security attorney will understand the decision-making process of SSA examiners and Social Security law and can help you gather the right kinds of medical evidence to present in a way that best proves your disability.