Applying for Social Security Disability Insurance in Tennessee
What is Social Security Disability Insurance?
Social Security Disability insurance is an earned insurance benefit that is available to those suffer from physical or mental impairments that prevent one from working. It is the largest of several federal programs that provide assistance to people with disabilities, and pays you or certain family members if you have contributed to it by means of payroll deduction (the Federal Insurance Contributions Act ‘FICA’ deduction). SSDI covers people who develop a disability, including workers injured on the job, their children and spouse.
Legal Requirements for SSDI
The SSDI process performed by the Social Security Administration can take months. To qualify for SSDI, you must 1) have worked in jobs covered by Social Security; and 2) have a medical condition that meets Social Security’s definition of disability.
The Social Security Administration (SSA) considers you disabled if: 1) you cannot do the work that you did before; 2) “you cannot adjust to other work because of your medical condition(s)”; and 3) your disability is projected to last over a year.
The SSA will generally deny SSDI claims if they believe a claimant is capable of performing any type of work even if it differs from their previous occupation. This is obviously problematic because not all professional skills are transferable from job to job.
What Can I Do if I am Denied SSDI?
If you are denied a claim for SSDI, you may appeal it, thereby triggering a whole other set of processes.
- The first step in the SSDI appeals process is reconsideration, where a person who was not involved in the initial denial reviews it.
- A claimant who disagrees with the outcome of reconsideration may request a hearing in front of an administrative judge. During this process, witnesses such as doctors can be called.
- Lastly, If a claimant disagrees with the administrative law judge’s decision, s/he may ask the Social Security Appeals Council (SSC) to review the case, but the SSC is not obligated to review it.
- If the SSC is still not able to resolve your case, you may find that federal civil litigation is necessary to protect your interests.
Nashville Social Security, Insurance Dispute, and Civil Litigation lawyers
At the office of Calhoun Law, PLC, we understand the complex world of medical insurance, insurance laws, and Social Security law because many of our lawyers have worked on behalf of insurance providers. In instances where you have been denied rightful coverage, we will carefully examine your case and aggressively pursue your legal claims. Contact us today for a free and confidential consultation.
