Fort Wayne
Social Security Disability
ATTORNEY

DELVENTHAL LAW

INVOLVED IN A SOCIAL SECURITY DISABILITY DISPUTE?

Disability can strike anyone. According to the Social Security Administration, at least 1 in 4 people aged 20 will suffer a disability at some point before they reach retirement age. In the unfortunate event that happens, Social Security disability insurance can help pay benefits to those suffering from total disability. However, many applicants need an Indiana Social Security disability attorney to help them secure benefits.

QUALIFYING FOR SOCIAL SECURITY DISABILITY BENEFITS

Generally, you need to meet the following to qualify for benefits:

• You must have worked enough jobs that pay into the Social Security system. You need 40 credits, which is roughly 10 years for most people.
• You must be totally disabled. SSA does not pay benefits for temporary or partial disability.
• You must not be able to do the work you did before.
• You must not be able to adjust to different work. In effect, you are totally disabled and prevented from working.
• Your disability must last at least one year or result in your death.

These are tough standards to meet. Not every debilitating injury will qualify, and there are many conditions that could qualify depending on the quality of evidence you present. One reason for working with an experienced Social Security disability attorney in Fort Wayne is that you will know exactly what information you need to submit to make a strong case.

THE APPLICATION PROCESS

Most people apply for disability insurance at their local Social Security Administration (SSA) field office. You will need to provide information about your impairment, the treatment you have received, and other information. Your field office will check whether you have enough work history to qualify and then will forward your medical information to the Disability Determination Services (DDS) for evaluation.

DDS will look at your own medical sources first but, if they need more information, can request that you attend a consultative examination (CE) with a physician or therapist. After gathering all medical information, DDS makes an initial determination about whether you qualify for disability benefits. Applicants should realize that it can take 1-4 months to receive a determination. If you are approved, you should receive information about your benefits. If you are denied, you will receive a notice explaining why.

HOW A FORT WAYNE SOCIAL SECURITY DISABILITY ATTORNEY CAN HELP

Denials are frequent in Indiana. According to recent statistics, DDS denies about 71% of all initial applications. This means that over 2 out of 3 people who take the time to fill out their disability application end up being denied benefits.

Fortunately, you have ample appeal rights. Your denial letter should contain important information, such as the deadline for asking for reconsideration. You absolutely must meet the deadline, which can be as little as 60 days. Any delay can cost you benefits!

At this stage, many applicants reach out to an attorney who can help them pull together sufficient medical information that gives them a chance to succeed on appeal. Common errors at the appeal stage include:

• Not responding to each reason given for the denial.
• Not providing high-quality medical evidence that shows the full extent of your disability.
• Presenting evidence in a confusing manner.
• Missing important deadlines.

As one of the leading Social Security disability law firms in Fort Wayne, we have experience analyzing the denial letter and gathering evidence to rebut the conclusions made by DDS.

We also are experienced at presenting evidence before an administrative law judge (ALJ), who will make the ultimate determination about whether you are sufficiently disabled. ALJs have much higher approval rates than the initial examiners. According to one set of statistics, ALJs in Indiana approved around 47% of all appeals, which is several times higher than the rate of approval for initial applicants. Although no attorney can guarantee a result, a skilled Social Security disability attorney can maximize your chances of success by presenting your case in the proper manner.

DISABILITY BENEFITS FOR CHILDREN

Although they do not have sufficient work history, children can still qualify for Supplemental Security Income (SSI) disability benefits. Up until age 18, a child can receive disability benefits if they meet the following criteria:

• The child’s activities are very severely limited by mental or physical conditions
• These conditions are expected to last at least one year or result in death

Unlike SSA disability benefits, SSI benefits are also means tested, meaning that the family cannot have too many resources or income. However, the application process is not very different from the process used by adults when applying for SSA disability benefits. Applicants will present medical information to their field office, and the child might need to be examined or tested, which the state should pay for. Hiring a knowledgeable disability attorney is as important in SSI cases as in any other disability case.

Affording an Attorney

At Delventhal Law Office, we do not charge a fee unless we win your case. At that point, we take a percentage of your unpaid benefits as compensation for our services.

This type of contingency agreement works well for both our firm and our clients. Because we do not charge any fees upfront, our clients gain access to an experienced advocate who they otherwise could not afford. Clients also benefit because we have an incentive to maximize the amount of benefits you can receive.

We win because we have an incentive to turn away people with weak cases, which are unlikely to qualify for benefits. If you meet with us, you can be sure we see some merit in your case—even if we cannot guarantee that you will prevail.

SPEAK WITH A SOCIAL SECURITY DISABILITY ATTORNEY IN FORT WAYNE

Disability benefits are a vital lifeline for people unable to work. If you have been denied benefits, we want to hear from you. At Delventhal Law Office, our team has helped many people get the benefits they deserve under the law. Instead of accepting your initial denial, please contact us right away to begin the appeal process. We will protect your rights and make a compelling case to the judge that you meet the government’s definition of being disabled.

To start the process today, please call (260) 238-8608 for your free consultation, or submit your information to our contact form.