Social Security Disability Lawyers in South Carolina

Understanding Your Social Security Disability Rights and Benefits in South Carolina

You’ve spent years working hard for everything you have. During that time, you may have noticed certain taxes coming out of your paychecks. You may not realize it, but some of these taxes are meant to provide financial security for you if you’re ever injured or otherwise unable to work for an extended time. Unfortunately, securing these benefits can be tricky. That’s why it’s advisable to speak with a South Carolina Social Security Disability attorney.

At Chad Brown Law, PLLC, we work hard every day to help clients secure the benefits they deserve. This isn’t some government handout or benefit you haven’t earned. You’ve paid into this benefit for years, so you shouldn’t be hindered from using it when you need it the most. Sadly, bureaucratic red tape frequently gets in the way. Let us help. Contact us today to schedule a free consultation.

Who Is Entitled to Social Security Disability Benefits?

While many workers are entitled to Social Security Disability (SSD) benefits, not everyone will be eligible. That’s because there are specific requirements that must first be met. Unfortunately, applicants have found themselves denied even when meeting these eligibility qualifications. However, that’s a different issue that requires legal intervention. For now, it’s important to understand the basic requirements for SSD benefits:

• Work history: Taking advantage of Social Security Disability Insurance (SSDI) requires a person to have earned a certain number of work credits.
• Severe disability: The applicant must have a serious medically determinable impairment that is expected to last a year or result in death.
• No substantial gainful activity: An individual cannot earn at or above the substantial gainful activity level set by law.
• Work duration: Work credits typically must be earned over a recent period of time. However, exceptions do exist.

If you meet all these eligibility requirements, you may be able to secure SSD benefits. Checking your personal account on the website of the Social Security Administration can tell you whether you meet work history requirements. However, most other evidence will need to be gathered by you or your attorney. This often includes medical evaluations, accessing former records, and other essential tasks.

A South Carolina SSD attorney may be able to help during this process.

Can You Appeal an SSD Benefits Denial?

Even if you meet all eligibility requirements, there’s a chance that your application could be denied. Strict rules are in place at the SSA that are meant to prevent abuse of the system. Sadly, this sometimes means those who truly qualify for benefits are wrongfully denied. Fortunately, this does not mean you’re out of options. There are a variety of appeal options. In fact, some SSD cases have made it all the way to the Supreme Court.

Here are your options after being denied benefits:

• Requesting a reconsideration
• Requesting a hearing in front of an Administrative Law Judge
• Review by the Social Security Administration Appeals Council
• Lawsuit in federal court

Unfortunately, your SSD claim could be denied for a variety of reasons. Common issues include insufficient medical evidence, submitting multiple applications instead of appealing, earning too much to qualify, or lack of employment history. In some cases, these denials are based on inaccurate determinations made by the SSA. Therefore, you should always exercise your right to appeal if you believe you’re entitled to benefits.

If you’re unsure of whether you qualify — or if you need help navigating this complex process — reach out to a Social Security Disability attorney in South Carolina. At Chad Brown Law, we’re ready to assist.

Are You Allowed to Work While Receiving Disability?

There are many misconceptions when it comes to SSD insurance. One of the most common is that it’s illegal to work while receiving these benefits. In reality, working is encouraged in certain situations. After all, trying to perform your job is the only real way to know if you’re recovered enough to return to work. This is why Social Security offers a Trial Work Period (TWP) where people can perform any amount of work they want.

The TWP involves substantial gainful activity (SGA). This is an income level set by the government. Typically, a person can only receive SSD benefits when they’re unable to earn above this level. However, workers are allowed to earn this much for nine months during a rolling five-year period. If someone works a month before realizing they’re not yet recovered, they still have eight additional months they can attempt to work without losing benefits.

After these nine months have elapsed, there’s a potential for extended eligibility and a grace period. And what about those who work but don’t earn above the SGA level? These individuals will not lose their SSD benefits based on their income. However, it is possible that they could become ineligible if their medical condition improves. Clearly, this is a complex area of law. That’s why you should consult with a South Carolina SSD lawyer immediately.

Contact a South Carolina Social Security Disability Lawyer Today

If you’re unable to work, you’re already dealing with a significant amount of stress. Unfortunately, the government occasionally piles on by denying benefits that you’ve worked years to earn. If you’ve suffered an injury or have a medical condition that prevents you from working, it’s important to seek Social Security Disability benefits as a financial safety net. And regardless of where you are in the process, legal assistance can be beneficial.

At Chad Brown Law, PLLC, our legal team is committed to securing favorable outcomes for each of our clients. For those who contact us early, we can handle everything from their application forward. And for those who have been denied benefits, our law firm can review their options and help with the appeals process. Put simply, our South Carolina Social Security Disability attorneys are here to help.

Contact us today at 336-962-5373 to schedule your free consultation.