Boston Social Security Disability Lawyer
If you’ve recently been diagnosed with a condition that is going to keep you out of work for the foreseeable future and you need a way to support yourself financially, get in touch with a qualified Boston Social Security Disability attorney today.
It’s bad enough that you are dealing with the effects of a difficult injury or diagnosis. When you are in a position where you need to worry about how you’ll continue to survive when you can no longer earn a living, the burden can be overwhelming.
Ready for some good news? You could be entitled to Social Security Disability Insurance (SSDI) benefits that will help.
At Joel H. Schwartz, PC, we are passionate about obtaining SSDI benefits for deserving claimants like you. We’ll help you provide all of the necessary supporting documentation you need to get your claim for benefits approved. If your claim has been denied, a Boston Social Security Disability lawyer can work with the Social Security Administration (SSA) to get the denial reversed.
What Is Social Security Disability Insurance (SSDI) and Who Is Eligible to Receive It?
SSDI is a federal government program that provides financial support to those who are no longer able to work. If you meet certain work requirements and have a medical or emotional problem that will keep you out of work for twelve months or more, you can apply for Social Security Disability Insurance (SSDI) benefits.
You’ll need to have worked gainfully for a number of years in order to qualify for SSDI. This is because those who collect SSDI benefits have already contributed to this program with every paycheck.
Funds were deducted to ensure that the worker would be covered in the event that he or she became disabled and unable to continue working. In other words, you don’t have to be retirement age to receive Social Security Disability benefits.
In the event that you’re imprisoned or otherwise unable to receive your benefits, your spouse and children or other dependents may be entitled to collect what’s referred to as auxiliary benefits. These are partial dependent benefits that replace the income you provided to your dependents before your injury or illness.
When Can You Collect SSDI Benefits in Boston?
If you’ve been injured at work, you may be entitled to disability benefits in addition to workers compensation. If the accident results in death, the spouse does not have to wait twelve months to apply for benefits.
As soon as you become aware that you’ll no longer be able to work, you’ll want to apply for SSDI benefits. Not only are the majority of claims initially denied, but the SSA won’t pay out on any claims until you have been disabled and out of work for a minimum of five months (unless you’re exempt from this requirement).
When you apply prior to the five-month mark, you could potentially obtain your benefits as soon as that five-month period passes, rather than having your benefits further delayed. This is where a Boston SSD lawyer can help.
As our top-notch Boston Social Security Disability lawyers know, determining eligibility for SSDI benefits is a five-step process. We’ve outlined the steps for you below:
To Find Out Whether Someone Is Eligible for SSDI Benefits in Boston, the Following Must Be Determined:
- If you’re working and making more than $1,040 per month, this may qualify as substantial gainful activity, and you may be denied SSDI benefits.
- Claims are denied if the impairments are deemed non-severe, mild, or slight, which means the impairments are not severe enough to significantly limit the work you’re capable of doing.
- The Disability Determination Service (DDS) has an official Listing of Impairments and will determine if yours are severe enough to meet or equal those standards.
- If your impairments don’t meet or equal any on the DDS Listing of Impairments, a reviewer will consider if they are severe enough to prevent you from doing your former job.
- If your impairments are severe enough to prevent you from doing your prior job, a reviewer will consider whether there is another job you could do.
What Do Social Security Disability Insurance Benefits Cover?
Once you’ve been approved for SSDI benefits, technically, you can spend your monthly benefit as you see fit. The benefits are not applied directly to your outstanding medical bills, although you can certainly apply a portion of your benefits there, should you wish to.
Most recipients will use their benefits to pay their household expenses, including their rent or mortgage payments, utility bills, car payments, health, auto, homeowners, and renters insurance plans, groceries, phone and Internet bills, and the like. Your SSDI benefits are replacing the income you would have earned if you had been able to continue working.
We bring this to your attention because many claimants, once approved, will receive retroactive payments from the date of their initial application. This lump sum can often leave their heads spinning.
What Is Supplemental Security Income (SSI) and Who Is Eligible to Receive It?
Supplemental Security Income (SSI) is for disabled individuals and their dependents with limited income and assets. It is a need-based program, meaning your approval will have nothing to do with how many years you’ve worked. What matters is that you are disabled and need the financial assistance. SSI benefits are funded by the general taxes paid by those who are gainfully employed.
The SSI program is administered by both the federal government and the state of Massachusetts, and each state has different eligibility requirements. The federal requirements, however, are the same and an applicant must meet all four to receive SSI benefits in Boston:
- You must be either older than sixty-five, blind, or disabled.
- You must be a US citizen.
- You must have little or no monthly income.
- Your assets—minus your home and car—cannot exceed $2,000 for an individual or $3,000 for a married couple.
If you qualify to receive SSI benefits, the amount of your monthly payments will depend upon your marital status, the severity and extent of your disability, and where you are living.
You could see your claim denied if you do not meet the income and eligibility requirements, if your condition is not covered under the SSA’s list of disabling conditions, or if the SSA’s board of physicians determines that you are not disabled “enough.”
If you’ve been denied disability benefits, you and your SSDI lawyer in Boston can appeal both in writing and in front of an administrative judge. Quite often, it takes an in-person appeal in front of a judge to win a claim for disability benefits.
70 Percent of All Applications Are Denied
Social Security’s rules and regulations are very detailed and complex; unless you have a real understanding of them when you apply, you will likely be denied. In fact, close to 70 percent of all applications are denied.
The good news is that claims that have been initially denied can be approved if we are able to address the SSA’s concerns or provide additional medical documentation.
This is why it is very important to have an experienced Social Security Disability lawyer in Boston help you navigate the bureaucracy and improve your chance of success.
If You Are No Longer Able to Work, Let Attorney Tim Pope and His Team Work for You
Over the last several years, Tim Pope, the head of our Social Security Disability Group, has been traveling throughout New England representing clients before the Social Security Administration. He has successfully received benefits for clients in every state he has argued. With more than 1,500 disability hearings under his belt, Pope has the experience to answer any issue or question that arises.
Get in Touch with Your Boston Social Security Disability Attorney
When you become disabled and are no longer able to retain your current position or find gainful employment elsewhere, you could be entitled to SSDI or SSI benefits that can help support your daily life.
It just makes sense to have an experienced Social Security Disability lawyer in Boston take the time to explain the laws, guide you through the process, and advocate on your behalf for any future or retroactive benefits you might deserve. Our personal injury lawyers know what the judges are looking for and what to present in order to successfully get you your benefits.
We can help with your initial application, your reconsideration appeal, or your administrative hearing.
We’ve helped thousands of Social Security Disability claimants get the benefits they deserve. Getting the help you need has never been easier. Don’t try to do it on your own. Simplify the process. Call a Boston Social Security Disability lawyer with Joel H. Schwartz, PC at 1-800-660-2270 today for a free consultation.