Tennessee Personal Injury Law: Social Security Disability
Millions of Americans have a handicap which restricts or keeps them from working and hundreds of thousands are left completely debilitated. Individuals who experience the effects of a disability have a much higher chance of being unemployed. However, just around 33% of laborers actually have disability insurance.
In the event that you are handicapped and incapable of working, Social Security Disability Insurance (also referred to as SSDI or SSD) might be accessible. Acquiring SSD benefits, however, can be troublesome and numerous individuals who ought to qualify are at first denied. At InjuryTN, we assist those with disabilities in any legal issues involving SSD.
Try not to hazard a denied guarantee. Connect with the accomplished Social Security Disability lawyers at InjuryTN, and allow us to assist you in pursuing the full advantages you deserve to help yourself and your family. Call (615) 640-HURT or get in touch with us online to talk about your Social Security Disability case.
Social Security Disability in Middle Tennessee
Social Security Disability is one type of acquired social protection that provides disabled workers as well as their dependents with partial revenue substitution benefits. SSD benefits are earned by working as well as paying taxes specifically for Social Security on their income.
Currently, more than 10 million Americans receive yearly SSD benefits, totaling around $200 billion annually. Lifetime benefits for disabled Americans average around $300,000.
A young person has a 25% chance of developing a disability before retirement age. The Social Security Act carefully characterizes disability, and actually, a larger number of cases are denied than approved. Yet, for the individuals who depend on SSD, the humble advantages can have an enormous effect.
Qualifications for Social Security Disability
The determining factor for acquiring SSD benefits relies upon two essential aspects: your clinical data and your work history.
Clinical Information & Disability Definition
Candidates must meet the meaning of inability under Social Security. A multi-step measure is utilized to make this assurance. It incorporates the following factors:
- How much (if by any means) you are at present working and earning income
- The seriousness of your debilitation
- Your capacity to accomplish the work you recently did
- Your capacity to do some other kind of appropriate work
Extraordinary circumstances may apply to individuals who are visually impaired or have low vision; for incapacitated widows or single men; as well as for disabled children.
Work History & Social Security Credits
Given that you meet Social Security’s criteria for disabilities, you should additionally have worked certain duration and recently enough under Social Security to qualify for receipt of benefits.
Once you apply for benefits, Social Security will examine your case to determine whether you meet the base measure of “credits” required to qualify. Workers will earn credits based on the amount of hours they work as well as the total they payed in Social Security taxes. Taxpayers have the ability to earn a limit of four credits for each year. The measure of income needed to acquire a credit is liable to change annually. Currently, an individual’s covered earnings must be $1,360 in order for them to receive one Social Security credit and $5,440 to receive the limit of four yearly credits.
The amount of credits expected to meet all requirements for disability benefits is contingent upon a specialist’s age at the moment they become disabled. More youthful laborers might qualify with even less credits, while workers at higher ages for the most part will need more credits.
Along with successfully accomplishing the SSD duration of work test, one will also be required to have worked for a specific amount of time just before the incident which caused the disability occurred.
For instance, a laborer who is debilitated prior to turning 24 more likely than not worked for 1.5 years in the past 3 years (i.e., procured 6 credits over the most recent 3 years), while a specialist who gets crippled at age 31 or more will be required to have worked at least 5 out of the most recent 10 years (or acquired 20 credits in the earlier 10 years). Restricted exemptions will apply to individuals who are visually impaired or were recently debilitated prior to the age of 31.
The criteria needed to be met in order to qualify for SSD can be intricate, you may have questions or need assistance recording a case. That’s why the accomplished Tennessee Social Security disability attorneys at InjuryTN are here to assist you, find solutions to frequently asked questions regarding SSD.
In Tennessee, the median amount in benefits received monthly by a disabled laborer is around $1,250 and some get even less than this, while the highest sum from benefits is generally $2,800 every month.
Social security will put together your disability benefits with respect to a complex calculated formula which takes your average indexed monthly earning, or AIME, into consideration. Utilizing this AIME, Social Security will then compute your primary insurance amount (PIA). On the off chance that you have an online Social Security account, you can determine an estimate for your benefit payment by using benefit calculators.
Being in receipt of other government benefits, like workers’ compensation, may diminish your SSDI benefits. In the event that your insurance policy also pays you private disability benefits, though, this won’t influence your SSDI benefits.
Benefits Time Period
Those whose claims have been approved may anticipate receiving benefits payments to start on the 6th full month following the date the disability was initiated. For example, if your disability began on May 16 would be paid out in the month of November. Therefore, benefits which would be due for the month of November are paid in December, and those which would be due in December would be paid out in January, etc.
Retroactive benefits, such as backpay, will also be available to most individuals who receive SSD. All of the following will be major components which will influence backpay:
- Application Date
- Date of Disability
- Mandatory 5-month waiting period
Benefits are usually available to those filing for SSD for up to one year after the date of the application’s submission, however, they are not available any time before the disability period.
Until their ailment improves and they can return to work, recipients of SSDI may continue to receive benefits. Although, those whose condition is predicted to become better over time might be subject to continuous qualification reviews. Regardless, this finding may be appealed in the event that a survey conclusively finds that the recipient is actually capable of returning to work.
Fore more serious and lasting disabilities, payment may proceed up to the age of retirement, when Social Security retirement benefits would take the place of SSD benefits.
How Much Time Does Approval for SSD Take?
Sadly, the time it takes for an approval for Social Security Disability claims to go through can vary greatly depending case-specific factors, such as what documents are required in order to process the claim, the process for appellate cases, and how backed up your local Social Security Office is.
- Usually, it takes approximately one to three months (30 to 90 days) for the final determination to be made regarding initial disability claims. In the event that the first claim is rejected, appeals may be filed within two months of the decision being made.
- Once an appeal has been submitted, the amount of time it takes to process it will commonly take up to 2 months or around 60 days. In the event that an appeal is denied for a second time, then the claimant does have the option to request a court hearing.
- The claims process may take more than a year when waiting to receive a hearing date. Social Security office backlogs have often caused applicants to wait in excess of 18 months to receive a hearing, although different locations will have varying wait times.
Regardless of circumstances, the disability must be deemed by a doctor as serious enough to inhibit the applicant’s ability to work in order for the final decision to be approved. Despite the fact that records from your primary care or specialized physician will be requested by Social Security, it is not possible to discern the amount of time it will take for the doctor(s) to retrieve those records. However, you might have the option to speed up the cycle by acquiring duplicates of the records yourself and submitting them with your application. Additional review with a Social Security specialist may similarly be required, which has the potential to delay the process.
On average, the amount of time it takes from the time of requesting the hearing to the time the actual hearing is held lies anywhere between 10 and 20 months. Find your local office’s current waiting times at the Social Security Administration website.
The Social Security Administration’s Compassionate Allowances program permits the process for disability claims with serious medical conditions to be expedited. Those who have a condition which has been approved by the SSA may be able to have their case approved in a much quicker manner.
What You’ll Need to File SSD Claims
The application process for a Social Security Disability entails providing quite a bit of documentation, which may include:
- Adult Disability Report (SSA-3368-BK)
- Birth Certificate
- Criminal history
- Direct deposit banking information
- Education Records
- Employment forms
- Marriage, divorce, and children information
- Proof of US Citizenship or lawful residency
- Work history
- Social Security information
- Tax Returns
- Information regarding disability claims you have filed with workers’ compensation and any other similar programs where you receive benefits.
- Medical records, including:
- statements from medical specialists
- health care provider’s contact
- lab results, prescriptions
- dates of medical care arrangements
- other clinical proof identified with your impairing condition
The process of applying for SSDI places a high level of obligation on the individual submitting the application to deliver the appropriate documents in a timely fashion. The Social Security Administration places strict guidelines on whether the originality or sufficient copy of each supporting documentation will be required. An applicant’s inability to use the correct materials in their submission may delay or even fully deny their claim.
The experienced Social Security Disability attorneys at InjuryTN know how much is often on the line in these types of SSD cases. We have the ability to assist you in collecting all the right documentation required to successfully finalized claim. In the event that your claim has been rejected, our lawyers know how to help you in filing an appeal to the court as well as representing your best interest throughout your hearing.
Waiting for Social Security Disability Claims
Rates of the approval for SSDI will differ from state to state, but in Tennessee, statistics have shown initial rates of approval to be under the average in the U.S. However, our rate of approval for hearings is above the national average.
Patience and persistence will be essential throughout the entirety of the process for SSD claims, especially because the rates of approval for Appeals Council hearings are much higher than that of reconsideration rates. However, the approval rate could reach as much as 40% in the event that you have taken the distinguished step of appealing a claim up to the Federal District Court.
For those seeking to appeal a federal court decision, complaints will need to be filed to the court within 60 days of getting a rejection letter. During this phase of the review, any new evidence will not be taken into account. The federal adjudicator then reviews what evidence was provided prior to the Appeals hearing and take one of the following actions:
- Uphold the council’s previous decision
- Change the previous decision, or
- Refer the claim back to the SSA for further investigation.
Our Nashville Social Security Attorneys Can Help
Our accomplished Social Security Disability lawyers at InjuryTN deal with every legal case involving SSD, from application to hearings and even federal court. We know how critical benefits from SSD could be for you and your loved ones, which is the reason we are dedicated to consistently advocating for your best interest so that you can receive the full benefits available to you. Contact our office today to schedule your first free consultation with a qualified Social Security Disability lawyer.