When Your Back Is Against The Wall

South Carolina Social Security Disability Attorneys

Helping Clients Throughout South Carolina Secure SSDI Benefits

Are you seriously disabled and unable to work? You may already be aware of the Social Security Disability Insurance (SSDI) program, in which case you are probably also aware that actually obtaining SSDI benefits can be extremely challenging.

Our experienced South Carolina Social Security disability lawyers can help you understand your options and assist you with seeking any benefits you are entitled to based on your medical condition and work history. We will work closely with you to understand your specific situation, gather all necessary evidence, prepare your application, and represent you in communications with the Social Security Administration (SSA). While getting the disability benefits you deserve can be a long process, we aim to make it as straightforward and painless as possible and are committed to securing a successful outcome.

Get your Social Security disability questions answered today by requesting a free initial consultation. Call (855) 941-3522 or contact us online to get started.

Who Qualifies for Social Security Disability Insurance?

First, it is important to recognize the difference between SSDI and Supplemental Security Income (SSI). While both are managed by the SSA and offer financial assistance to those with disabilities, SSDI and SSI are two distinct programs with differing eligibility criteria.

SSI is a means-tested program aimed at individuals who have limited income and resources, including those who may not have worked or have insufficient work credits for SSDI. The SSDI program is designed for individuals who have worked and paid Social Security taxes, providing benefits based on the recipient's earning record. Eligibility is determined in part by the amount of work credits accumulated over time.

To be eligible for SSDI benefits, you must generally meet each of the following conditions:

You have a qualifying disability that prevents you from working
Your disability is expected to last at least one year and/or is terminal
You are under the age of 65
You worked at least five of the ten years preceding the date you became disabled

Put another way, simply having a physical or mental disability that limits your ability to work does not necessarily qualify you for SSDI benefits. Your condition must be a long-term disability accepted by the SSA, and it must come with functional limitations.

Functional limitations refer to the difficulties an individual may encounter in executing routine tasks due to a disability. These limitations can manifest in a variety of ways and impact different aspects of your life. They might include challenges with mobility, such as difficulty walking or standing for extended periods. Cognitive impairments, such as problems with memory or the ability to concentrate, can also be considered functional limitations. Other examples encompass issues with personal care activities, like dressing or feeding yourself, or difficulties in social or occupational settings, such as communication struggles or the inability to perform specific job tasks.

If you are still confused about whether you are eligible for SSDI benefits, we can help. Our South Carolina Social Security disability attorneys can review your situation and advise whether you qualify.

What Types of Medical Conditions Make Someone Eligible for SSDI Benefits?

The SSA recognizes a wide range of disabilities for SSDI benefits. These conditions span different areas and categories.

Accepted medical conditions for SSDI benefits include:

Musculoskeletal disorders, such as back injuries and spinal disorders
Cardiovascular conditions, including heart failure and coronary artery disease
Sensory and speech impairments, such as vision and hearing loss
Respiratory illnesses, such as chronic obstructive pulmonary disease (COPD) and asthma
Neurological disorders, including multiple sclerosis, cerebral palsy, Parkinson's disease, and epilepsy
Mental disorders, such as depression, anxiety, schizophrenia, autism, and other intellectual disorders
Immune system disorders, including HIV/AIDS, lupus, and rheumatoid arthritis
Various forms of cancer
Digestive tract problems, such as liver disease and inflammatory bowel disease (IBD)
Kidney disease and genitourinary problems

The above list is not exhaustive. The SSA continually updates the list of disabilities eligible for SSDI benefits, and the severity of the condition is a significant factor in the determination process.

Understanding SSDI Work Credits

In addition to having a qualifying disability, you can only collect SSDI benefits if you have a sufficient number of work credits. Unlike SSI, SSDI is not a needs-based program. SSDI operates more like an insurance program. Over your working life, you pay into Social Security via payroll or self-employment taxes. Just as you can only get coverage through your car insurance if you have paid your premiums, you can only claim SSDI benefits if you've paid enough into Social Security — in this case, by earning enough work credits. So, think of work credits as your premiums for this particular form of insurance.

You can earn up to four work credits each year, and you earn these credits automatically by paying taxes through a job or self-employment. These work credits are essentially a measure of how long and recently you have worked and contributed to Social Security through payroll or self-employment taxes.

The amount of income required to earn a credit varies from year to year. In 2022, for example, one credit equates to $1,510 in earnings. This means that if you earn $6,040 over the year, you will have earned the maximum of four credits for that year.

The total number of work credits needed to qualify for SSDI depends on the age at which you became disabled. Generally, 40 credits are required, 20 of which must have been earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits. For example, if you become disabled before you turned 24, you may qualify with as few as six credits earned in the three-year period before you became disabled.

Why Does the SSA Deny SSDI Claims?

Statistically, the SSA rejects more initial SSDI claims than it approves. Understanding why many claims are denied can help you avoid common mistakes when submitting your application. Our South Carolina Social Security disability lawyers have a complete understanding of what the SSA looks for when evaluating a claim and will help ensure you include all evidence needed to secure a successful result.

The SSA denies SSDI claims for many reasons, including:

Insufficient medical evidence. An SSDI claim can be denied if there is insufficient medical evidence to support the claim of disability. You must provide comprehensive medical records documenting your disability and its impact on your ability to work.
The disability is not severe enough. The SSA has strict criteria for what constitutes a disability. If your disability is not expected to last at least 12 months or result in death, or it does not significantly interfere with your ability to perform basic work-related activities, the SSA could deny your claim.
Failure to follow prescribed treatment. If the SSA believes that your condition would improve to the point where you could return to work if you followed a prescribed treatment, and you failed to follow that treatment without a good reason, your claim may be denied.
Failure to cooperate with the SSA. The SSA may deny a claim if you do not cooperate with the SSA's requests for information, medical records, or attending medical examinations.
Substantial gainful activity. The SSA will deny an SSDI claim if it believes you are still able to engage in substantial gainful activity, which is defined as earning an amount that surpasses a certain threshold each month. If you are capable of substantial gainful activity, the SSA does not consider you disabled.
Insufficient work credits. As discussed earlier, SSDI claimants must have accumulated a sufficient number of work credits to qualify for benefits. If you do not meet the work credit requirement, your SSDI claim will be denied.

Receiving a denial for an SSDI claim can be dispiriting, but it does not mean you can never get benefits. Many denials can be appealed, and our team at Lanier Law Group, P.A. can offer the guidance, support, and advocacy needed to put you in the best possible position. We will work to get the rejection reversed and deliver the benefits you deserve.

Our South Carolina Social Security disability attorneys are here for you! Call (855) 941-3522 or contact us online to discuss your case with us today.

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