Social Security Disability

Did you know that 1 out of every 4 currently working 20-year-olds will become disabled prior to reaching retirement? While this many seem shocking, it is true. In fact, there are currently more than 9 million people in the United States receiving Social Security Disability benefits. At the beginning of 2019, Social Security paid an average monthly disability benefit of about $1,234 to all disabled workers.

If you are unable to work as a result of a physical or mental health condition, you could qualify for Social Security Disability benefits. The Social Security Disability program provides specific disability benefits, such as lost income, to disabled workers and their dependents, and each of us pays into Social Security with each paycheck as a prevention measure in case we are disabled.

Sadly, getting approved for social security disability isn’t easy. In fact, the average national rate of approval for initial disability claims is just 36%. This means that 64% of disabled Americans are denied social security disability benefits. Fortunately, disability claimants are allowed to appeal their denials.

At the Law Offices of F. Craig Wilkerson, Jr., our South Carolina social security disability lawyers can help you obtain the benefits you are entitled to. We know that the appeal process can be difficult, however, without an experienced and skilled South Carolina social security disability lawyer on your side to help you through the daunting process of application and appeals.

How do you qualify for Social Security Disability benefits?

The social security disability insurance program pays benefits to you and certain family members if you meet certain criteria:

  • Approved Job & History of Filed Taxes– to obtain benefits you must have worked in a job that was covered by social security and paid taxes into the program through that job.
  • Work Duration– the amount of social security credits you obtain is based on your total yearly wages or self employment income. The longer you’ve worked and paid into the system, the more credits you will have if you are disabled.
  • Approved Medical Condition or Disability– you must also have an approved medical condition that meets Social Security’s definition of disability and have been unable to work for a year or more because of their disability. Unlike other disability benefit programs , social security only pays for total disability. If you are found to have a partial disability or short-term disability, you would not be eligible to collect this money. In order to meet the Social Security qualification for disability you should meet the following criteria:
    • You cannot perform the same work
    • You cannot adjust to other work because of your medical condition
    • Your disability has lasted or is expected to last for at least one year

How does the Social Security Administration determine if you are disabled?

If you have worked long enough to qualify for disability benefits, the Social Security Administration uses a specific determination process for disability claims.

  1. Are you currently working? If you are currently working and your earnings average more than $1,220 a month, you generally cannot be considered disabled.
  2. Is your diagnosis severe? Your physical or mental health condition must prevent or significantly reduce your ability to work for at least a year.
  3. Is your condition found in the list of disabling conditions? The Social Security Administration has compiled a list of medical conditions that they consider to be severe enough to warrant a disability claim.
  4. Can you do the same work that you were doing prior to your medical condition? If your condition does not prevent you from doing the work that you were previously doing, then you are not considered disabled and will be unable to collect benefits.
  5. Can you perform another type of work? If you are unable to participate in your previous type of work, would you be able to perform in another line of work despite your condition? If the Social Security Administration determines that you can work in a different type of job then you are not considered disabled.

Why work with a Disability Attorney?

When you worked, you paid into the Social Security system through taxes in every paycheck. Now that you are unable to work, you should be able to access those funds to help you keep food on the table and take care of your family.

A Social Security Disability attorney has the expertise and the firsthand knowledge to work within the system and help you get the disability benefits that you deserve. We can also help you file an appeal if you have already been denied for benefits. When the national average for initial disability approval rates is only 36%, you will need all the expertise and support you can get to help you get the benefits that you deserve

Contact Our Lawyers Today

At the Law Offices of F. Craig Wilkerson Jr., our South Carolina attorneys know that social security benefits are difficult to obtain. The process is complicated and time consuming and there are often multiple appeals before a disabled worker can collect the benefits they need. Let us fight for you during this time.

Call us today at (803) 324-7200 (Rock Hill), (803) 289-7202 (Lancaster), (803) 396-5200 (Fort Mill), (864)466-5170 (Union) or fill out our confidential contact form. With offices conveniently located in Rock Hill, Fort Mill, Union, and Lancaster, we are here when you need us.