If you’re injured or sick and can’t work, it’s hard to take care of yourself and your family. If you’re unable to work due to a disability, you may be eligible for SSI or SSDI in South Dakota.
The Difference Between SSDI & SSI
SSDI, or Social Security Disability Insurance, is a federal program that provides financial support to disabled workers who can no longer perform Substantial Gainful Activity (SGA).
Supplemental Security Income, or SSI, is designed to help individuals who are blind, disabled, or at least 65 years of age. SSI applicants must have extremely limited income and resources to be eligible for these benefits. They must also be ineligible for SSDI due to a limited work history.
Whether you’re looking to file for SSI or SSDI benefits, our qualified disability lawyer in South Dakota can help.
Applying for Benefits
Applying for Social Security Disability benefits is a complicated task. The Social Security Administration (SSA) has many guidelines in place to help them determine claimant eligibility. Their procedures and strict disability criteria are designed to prevent fraudulent claims. However, this often makes it more difficult for disabled individuals who need benefits to obtain them.
Working with a qualified disability attorney can help make the application process easier. At Ficek Law, PC, we know the ins and outs of disability claims. We understand exactly what information the SSA needs to come to a favorable decision regarding your case.
At Ficek Law, we’re especially familiar with cases involving long term disabilities, such as traumatic brain injury (TBI) and chronic illness. We know what medical and non-medical evidence is necessary to support your claim. We understand legal terms and the importance of deadlines when it comes to filing for disability.
We also fully understand the various eligibility requirements put forth by the SSA.
Disability Eligibility Requirements
When seeking disability benefits, you must meet the SSA’s definition of disability. To qualify for benefits, an individual must have a medically diagnosable condition. This condition must also satisfy the following criteria:
- Your condition prevents you from engaging in SGA
- Your condition has persisted, or is expected to persist, for at least 12 months or result in death
- Your condition meets or equals one of the Impairment Listings outlined in the SSA’s Blue Book
If you have a qualifying condition, it does not guarantee immediate approval for benefits. Additionally, some eligibility guidelines will differ depending on whether you are applying for SSDI or SSI.
Denied Disability Claim Appeals
If your disability application has been denied, you may find yourself in a challenging situation. Fortunately, our law firm is here to guide you through the process of appealing your disability claim.
Appealing a denied claim can be a complex and time-consuming task. It’s important to understand that initial disability claims are often denied because of the SSA’s rigorous measures to prevent fraudulent claims.
When pursuing an appeal, it’s crucial to collaborate with a skilled disability lawyer. Attorney Anton G. Ficek at Ficek Law, PC is ready to assist you in navigating the appeals process successfully. He will carefully review your initial claim to pinpoint any discrepancies that may have contributed to your denial. Then, he will gather essential medical records, employment documentation, and personal statements to enhance your chances of a favorable determination.
Please note that there is a strict deadline for appealing your claim, so don’t delay. Contact Ficek Law, PC today to schedule a free case consultation!
Administrative Hearings
If you have initiated an appeal, you may need to attend a disability hearing with an Administrative Law Judge (ALJ).
It’s crucial to have a qualified disability lawyer at your side when attending a hearing. This point in the process provides a unique opportunity for direct interaction with a Social Security representative who can grant you benefits. Working with trusted legal representation is essential to give you the best possible chances of success.
When you work with Ficek Law, PC, we’ll thoroughly review your case and prepare you for your hearing. During the hearing, your attorney will advocate for you by presenting your legal arguments to the ALJ. This includes offering evidence related to your medical condition and your inability to work.
If you’re planning to attend a hearing with an Administrative Law Judge, contact our Social Security Disability law firm. Attorney Anton G. Ficek is dedicated to ensuring every client receives the benefits they need and deserve.
Contact Ficek Law, PC | A Trusted South Dakota SSD Attorney
If you are disabled and unable to work, our law firm can help you apply for Social Security Disability. With our experience and dedication, you can trust our legal team to build your case and increase your chances of being approved for benefits.
Contact us online or call (701) 241-8525 today to schedule a free case consultation. Our Social Security Disability attorney in South Dakota, Attorney Anton G. Ficek, is highly skilled at filing claims, determining client eligibility, and appealing disability denials.
