If you live in Southern Minnesota and are unable to work due to a disability, you may be eligible for Social Security Disability benefits. Social Security Disability (SSD) benefits provide financial aid to individuals who are unable to work due to a disability that is expected to last for at least 12 months or result in death. The process of applying for and obtaining SSD benefits can be complex, and it is important to work with an experienced attorney who can help guide you through the process.
At Harvey & Carpenter, we understand the challenges that individuals with disabilities face, and we are committed to helping our clients obtain the benefits they deserve. Our experienced attorneys have helped many individuals in Southern Minnesota successfully obtain SSD benefits, and we are here to help you too.
Types of Social Security Disability Benefits
There are two types of Social Security Disability benefits that may be available to individuals with disabilities:
Social Security Disability Insurance (SSDI): SSDI benefits are available to individuals who have paid into the Social Security system through their work history. To be eligible for SSDI, you must have earned a certain number of work credits based on your age at the time you became disabled. If you are eligible for SSDI benefits, you will receive monthly payments based on your work history and earnings.
Supplemental Security Income (SSI): SSI benefits are available to individuals who have limited income and resources and are unable to work due to a disability. Unlike SSDI, SSI benefits are not based on work history or earnings. Instead, the amount of your SSI benefits is based on your income and resources.
Eligibility Requirements for Social Security Disability Benefits
To be eligible for Social Security Disability benefits, you must meet the following requirements:
- Have a medical condition that is expected to last for at least 12 months or result in death;
- Be unable to work due to your medical condition;
- Have earned enough work credits to be eligible for SSDI or have limited income and resources for SSI;
- Be a U.S. citizen or lawful resident;
- Be at least 18 years old; and
- Your medical condition satisfies Social Security’s definition of a disability.
The Application Process for Social Security Disability Benefits
The application process for Social Security Disability benefits can be lengthy and complex, and it is important to work with an experienced attorney who can help guide you through the process. The application process generally involves the following steps:
- Filing an application: The first step in the application process is to file an application for Social Security Disability benefits. This can be done online, by phone, or in person at your local Social Security office.
- Medical review: Once your application is received, it will be reviewed by a disability examiner who will evaluate your medical condition and decide if you meet Social Security’s definition of a disability.
- Consultative exam: In some cases, Social Security may require you to undergo a consultative exam with a doctor or other medical professional to further evaluate your medical condition.
- Decision: Once your medical condition is evaluated, Social Security will decide on your application. If your application is approved, you will begin receiving benefits. If your application is denied, you have the right to appeal the decision.
If your application for Social Security Disability benefits has been denied in Minnesota, you have the right to appeal the decision. The appeal process can be complicated and time-consuming, but with the help of Harvey & Carpenter’s experienced Social Security Disability lawyers, you may be able to successfully appeal the decision and receive the benefits you deserve.
Here are the steps to take when appealing a denial of Social Security Disability benefits in Minnesota:
Step 1: Request for Reconsideration
The first step in the appeal process is to request a reconsideration of your application. You must file a Request for Reconsideration within 60 days of receiving the denial notice. The Social Security Administration (SSA) will review your application again, and this time it will be reviewed by a different claims examiner who was not involved in the original decision.
Step 2: Request for Hearing
If your request for reconsideration is denied, you can then request a hearing before an Administrative Law Judge (ALJ). You must file a Request for Hearing within 60 days of receiving the reconsideration decision. At the hearing, you will have the opportunity to present evidence and testify before the ALJ. You may also bring witnesses to testify on your behalf.
Step 3: Appeals Council Review
If the ALJ denies your claim, you can request a review by the Appeals Council. You must file a Request for Review within 60 days of receiving the ALJ’s decision. The Appeals Council will review the decision and can either reverse the decision and award benefits, uphold the decision, or send the case back to the ALJ for further review.
Step 4: Federal Court Review
If the Appeals Council denies your claim or upholds the ALJ’s decision, your final option is to file a lawsuit in federal court. You must file the lawsuit within 60 days of receiving the Appeals Council’s decision.
In summary, to appeal the denial of Social Security Disability benefits in Minnesota, you must first file a Request for Reconsideration within 60 days of receiving the denial notice. If your request for reconsideration is denied, you can then request a hearing before an ALJ, followed by a review by the Appeals Council, and finally a lawsuit in federal court if necessary. It is important to note that the appeal process can take several months or even years to complete, so it is important to stay patient and persistent throughout the process. Working with an experienced Social Security Disability lawyer can help increase your chances of a successful appeal and a positive outcome. Contact Harvey & Carpenter today for a free consultation – (507) 779-7529.
