Social Security Disability LawyerMemphis Social Security Disability Attorneys

If you’re unable to work because of a disability or injury, you may be entitled to Social Security Disability benefits, also known as SSDI. As a Memphis SSDI attorney who’s helped hundreds of people get the benefits they need, I know how daunting the process can be.

Fortunately, we’re here to help.

Here for You When Your SSDI Application Is Denied

Anyone can apply for SSDI benefits, but the majority of people (as many as 70%) get denied the first time around. Reasons vary, but some of the most common factors include:

  • Lack of medical records
  • Missing documentation of work history
  • Not enough medical evidence
  • Unclear description of how your work life has been affected
  • and more.

For some people, this denial might be avoidable. That’s why we offer a free report guiding you through the SSDI application process.

However, for most people who apply, you will need to appeal the decision in order to get your benefits. That’s where we come in.

How Our Attorneys Help with Your SSDI Appeal

If you’ve been denied already, don’t give up, and don’t try to deal with it by yourself. You only have 60 days to appeal, and if you do so without figuring out what went wrong, you’ll just be denied all over again.

Studies show getting an SSDI attorney vastly improves your chances of winning an appeal.

Our Memphis SSDI attorneys:

  • Find what was missing from the original application
  • Track down any missing materials
  • Bring in experts and additional support for your claim.
  • Represent you at your hearing(s)
  • and more.

What’s more, we don’t get paid anything unless we win on your behalf. And even then, it’s only a small fraction of your past-due benefits. You keep everything moving forward into the future.

So with us by your side, you have nothing to lose and a lot to gain.

SSDI and SSI Eligibility Requirements

Many people assume all Social Security disability programs work the same way. They don’t. The difference between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) can determine whether you qualify for benefits at all. We’ve helped clients who applied for the wrong program and faced denials simply because they didn’t know which one fit their situation.

Work History Requirements

SSDI requires you to have worked and paid Social Security taxes for a certain number of years. The Social Security Administration measures this through work credits—you can earn up to four credits per year. Most people need 40 credits total, with 20 earned in the last 10 years before becoming disabled. SSI has no work history requirement. It’s designed for people with limited income and resources who may have never worked or haven’t worked recently enough to qualify for SSDI.

Income and Asset Limits

SSI is a needs-based program with strict financial limits. Your countable income must fall below federal thresholds, and you can’t have more than $2,000 in assets as an individual or $3,000 as a couple. SSDI doesn’t have asset limits, and your income only matters if you’re currently working above substantial gainful activity levels.

Age Considerations

Both programs cover adults and children, but the rules differ. Children can qualify for SSI based on their parents’ income and resources. SSDI benefits for children are only available if a parent receives Social Security retirement or disability benefits.

Medical Requirements

Both programs use the same medical criteria to determine disability. You must have a condition that prevents you from working and is expected to last at least 12 months or result in death. The medical evaluation process is identical regardless of which program you apply for.

Your Next Step

If you’re not sure which program fits your situation or your application was denied, an ssdi lawyer Memphis, TN can review your case and help you pursue the benefits you need. Darrell Castle & Associates has helped many people through the disability claims process. Contact our office to discuss your options.

4 Stages in the SSDI Claims Process and Timeline

Alt text: Social Security disability claim timeline with appeal stages

H2: 4 Stages in the SSDI Claims Process and Timeline

You submitted your disability application months ago, and you’re still waiting. Every day without an answer feels like an eternity when you can’t work and bills keep piling up. The Social Security disability claims process moves slowly, and denials happen more often than approvals on first attempts. We’ve guided countless clients through this frustrating system, and we know what to expect at each stage and what you should do if your claim gets denied.

Initial Application Review Period

The Social Security Administration takes three to five months on average to review initial applications. During this time, a disability examiner reviews your medical records, work history, and other documentation. They may request additional information from your doctors or ask you to attend a consultative examination. Some applications take longer if your medical evidence is incomplete or if the examiner needs more time to gather records. You can check your application status online through your Social Security account or by calling the national helpline.

Reconsideration After Initial Denial

About 70% of initial applications get denied. If this happens to you, don’t give up. You have 60 days from the denial date to file a request for reconsideration. This is your first level of appeal, and a different examiner reviews your case from scratch. They look at all the original evidence plus any new medical records or information you submit. The reconsideration process typically takes another three to five months. Many people make the mistake of thinking a denial means the end of the road, but the appeals process often leads to approval even when the initial application failed.

Administrative Law Judge Hearing

If your reconsideration gets denied, you can request a hearing before an Administrative Law Judge. This is where many claims finally get approved. You have 60 days to file your hearing request. Wait times vary by location, but most hearings are scheduled 12 to 18 months after you file the request. At the hearing, you testify about your condition and how it affects your daily life and ability to work. The judge may also hear from medical professionals or vocational specialists. You can bring witnesses who know about your limitations. Having legal representation at this stage significantly improves your chances of approval.

Appeals Council Review

If the judge denies your claim, you can ask the Appeals Council to review the decision. You must file this request within 60 days of receiving the hearing decision. The Appeals Council doesn’t hold hearings—they review the written record to determine if the judge made an error. This process can take one to two years. The Council can approve your claim, send it back to a judge for another hearing, or deny the request for review. If they deny your request, you have the option to file a lawsuit in federal district court.

What to Do After a Denial

Don’t wait when you receive a denial notice. The 60-day deadline is firm, and missing it can force you to start the entire process over. Read the denial letter carefully to see what reasons the Social Security Administration gave. Gather new medical evidence that addresses their concerns. Get statements from your doctors that specifically explain your functional limitations. Update your records with any worsening of your condition or new diagnoses.

How Legal Representation Helps

An ssdi lawyer Memphis, TN can handle communications with Social Security, gather medical evidence, and present your case at hearings. We know what evidence carries weight and how to frame your limitations in terms the Administration recognizes. Many claims that seem hopeless can be won with the right approach and documentation. Darrell Castle & Associates has helped many people secure the disability benefits they need after initial denials. If you’ve been denied or want guidance through the application process, reach out to our firm to discuss your situation.

Memphis SSDI Attorney Darrell Castle of Social Security Disability FirmChoosing a Memphis SSDI Attorney

Federal law regulates how SSDI attorneys get paid, and that means you don’t have to price shop for the cheapest option. You can choose an attorney who cares about you and your situation, without worrying about whether you can afford it.

As someone dealing with a disability, you want a Memphis SSDI attorney who will be sensitive to your needs:

  • Will they work with your schedule?
  • Can they come to you, if necessary?
  • Do their other clients speak well of them?

It’s our privilege to help people who are going through tough situations, and that includes you and your loved ones.

We’re proud of the reputation we’ve built: We have a 5-star rating on Avvo, an A+ from the Better Business Bureau, and have even received national awards for client satisfaction.

You have nothing to lose in finding a trusted, qualified Memphis SSDI attorney. In fact, it could make the difference between a lifetime of struggle and a rewarding process.

Contact us today online or call 901-327-2100 to get started. The conversation is totally free. We look forward to speaking with you!

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FAQs On Working with a Memphis SSDI Attorney

A Memphis SSDI attorney can help you navigate the challenges of life after a serious accident or injury. From the physical and emotional toll to the financial burden, it’s important to understand the options available to you.

Read on to learn more about the process. And contact us with any other questions. The whole team at Darrell Castle and Associates will be happy to help.

How Can A Lawyer Help With My Disability?

For the vast majority of people, the first round of applications for SSDI can be daunting and frustrating. The SSA denies the majority of claims, and they don’t always offer a lot of information about why.

Living with a disability is hard enough. Most people can’t afford to wait forever or reapply for years. What’s more, if you don’t get help, you’ll likely repeat the same mistakes again without realizing it.

That’s why so many people need an attorney to help them win their disability case. It’s the only way for a lot of people to know what mistakes they made in the first place. And working with an attorney who represents you throughout the process allows you the time to focus on your own healing.

What Are the Most Common Reasons For SSDI Application Denials?

Generally speaking, there are a few common mistakes that impact people’s applications, including:

  • Insufficient medical records
  • Incomplete or inaccurate personal information
  • Lack of doctor testimony or supporting evidence, and
  • Failure to provide proof of eligibility (like work history, age, etc).

To help you avoid these most common mistakes, we’ve published a free report called “An Honest Guide to Disability” that walks you through the process.

Still, even with all the preparation in the world, the SSA might deny your claim. It happens all the time. Remember you have 60 days to appeal the decision and get assistance from an SSDI lawyer.

How Long Does the SSDI Application Process Take?

The SSDI application process can vary. It depends on the complexity of your case and regional workload. (The SSA has regional offices, and each one can get overloaded at times.)

When the system is running at full speed, it takes around 3 to 5 months for an initial decision.

However, at the moment, the SSA is in a wait time crisis. As a result, your application may take much longer than you anticipate.

That’s all the more reason why you should make sure to appeal the decision as soon as you receive a rejection. You don’t want to have to wait again for a full application period before you can appeal again.

Who Qualifies for SSDI Benefits?

SSDI benefits are designed to support people with significant disabilities that prevent them from working. To qualify for SSDI benefits, the medical condition needs to be severe and expected to last for at least one year.

The SSA maintains a comprehensive “Listing of Impairments,” commonly known as the Blue Book, which outlines specific medical conditions that automatically meet the criteria for disability benefits. These conditions cover a wide range of physical and mental impairments, including:

  • musculoskeletal disorders
  • respiratory conditions
  • cardiovascular disorders
  • neurological disorders, and
  • mental health conditions.

Even if the Blue Book doesn’t include your condition, you may still be eligible for SSDI benefits.  Ultimately, the key factor is the severity of the medical condition and its impact on an individual’s ability to work and perform daily activities.

You will also need to prove you have enough work history to qualify. Keep in mind that SSDI is essentially an insurance policy that you pay into with every paycheck. So to receive the benefits, you have to have paid into the system in the past.

Lastly, there is an age cut off for SSDI. Once you reach federal retirement age, you no longer qualify and instead would qualify for regular Social Security payments, assuming you’ve paid into the system through your work.

Can I Appeal My SSDI Case On My Own?

While it is possible to appeal your SSDI denial without legal representation, there are big reasons not to do so.

First and foremost, you run the risk of making the same mistakes on appeal that got you denied in the first place. You need an outside expert opinion to look at the application and help you improve it.

Additionally, the process is extremely complex. It’s unfortunately designed to make it difficult for people. This means you’ll have a lot of paperwork to process, hearings to attend, and general legal jargon to navigate. An attorney is usually far more better able to handle these details for you and keep you from making any mistakes.

Lastly, it doesn’t cost anything out of your future benefits to hire an attorney. Federal law sets the limit and SSDI attorney can receive, and it only comes out of your past due benefits if you win your case. So there’s nothing to lose by bringing someone in who can give you your best chance of success.

For most people who need SSDI, it’s not worth it to take the risk of losing on appeal. Not only will you not receive benefits, but you’ll have to wait many months and probably years before getting another application processed.

What Should I Do If My Social Security Disability Claim Is Denied?

Don’t lose hope. If you get denied, your next step is to appeal within 60 days. To start that process, you’ll want to contact a qualified and experienced SSDI lawyer to help you.

You shouldn’t need to do anything else. Your attorney will file the appeal, strengthen your initial application, and help you navigate the appeal process.

Make sure the attorney you hire is good with communication, so you can understand what’s happening and know what to expect each step of the way.

How Much Does It Cost to Hire a Social Security Disability Lawyer? How Does the Payment Process Work?

It shouldn’t cost you anything up front to hire a Social Security disability lawyer. Instead, the process works through a contingency basis.

If your attorney wins your appeal, they receive a small fraction of your past-due benefits. This means they receive part of what you’ve already been owed in the past – the part you’ve missed out on while waiting to receive the benefits you’ve needed this whole time.

The SSA takes the attorney’s payment out of your past-due payments. So you never have to deal with paying the attorney at all. And moving forward, you keep your full SSDI check.

All future earnings through the system belong to you.

 

The team at Darrell Castle & Associates is happy to help you with your SSDI claim. If you have any other questions, or to discuss your case, contact us today.

 

 

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