Do I Qualify for Social Security Disability Benefits?
If you want to qualify for Social Security Disability benefits, you’ll need to meet three specific criteria:
- You can’t work at your current or most recent job because of your health.
- You can’t switch jobs due to your medical condition and your age, education, skillset and other factors.
- Your health issues will prevent you from working for 12 months or more.
These benefits aren’t for people who just need some time off to recover from a medical issue. They are for significant, work-stopping health problems.
The Social Security Administration (SSA) runs two disability benefits programs. The medical requirements for qualifying are the same, but there are other important differences to know.
Social Security Disability Insurance (SSDI) is for people who have been working and paying into Social Security. Monthly payments are calculated with your past income in mind, and you can qualify for Medicare coverage after a waiting period.
Supplemental Security Income (SSI) is a need-based program, so you can qualify for these benefits even if you haven’t worked in a long time, as long as you meet strict requirements for income and assets.
Social Security keeps its own list of qualifying impairments, but don’t assume that you can’t receive SSDI or SSI benefits just because your health issue isn’t mentioned.
An Appleton disability lawyer can help you figure out if your health problems qualify you for benefits and help you determine whether you’re most likely to get SSDI or SSI.
We can also help you determine if you qualify for other types of benefits under these programs, like disabled adult child (DAC) benefits or Social Security Disability widow benefits.
It’s free to talk to us about your claim and get an idea of your path ahead.
How Do I Apply for Social Security Disability Benefits in Wisconsin?
Applying for disability benefits requires filling out and turning in application forms, but it’s much more complicated than that.
You need to make your disability claim convincing.
Social Security has high standards for deciding who gets awarded benefits.
This can be a surprisingly intimidating process, so let’s take it step by step:
Step #1: Gather evidence you need to back up your claim.
A claims examiner won’t take your word about your health problems. Evidence you can offer will make your claim stronger.
What kind of evidence helps? Medical records, verification of your education and work history, and statements from friends, family members and coworkers who have witnessed your health struggles.
Step #2: Apply for benefits
Once you have your supporting evidence and answered all the questions on Social Security forms, it’s time to file your application for disability benefits.
You can apply online, by phone, or at your local Social Security office. There’s a lot of paperwork, and applicants are surprised at how time-consuming this is.
We recommend working with a Northeast Wisconsin disability lawyer who knows the application process well and can make it easier for you.
Step #3: Wait for Social Security to respond
You’re going to wait a while to hear back about your Social Security Disability claim, no matter how persuasive it is.
It can take several months, sometimes longer, to get your initial claim approved or denied in Wisconsin. If you get approved, you’ll receive back pay along with monthly benefits.
If you get denied, that’s not the end of your fight for disability.
What Can I Do if I’ve Been Denied Disability Benefits?
You should appeal your denial of Social Security Disability benefits and take the opportunity to boost your case.
Even if you do everything right with your application, your SSDI claim could be denied. Relatively few initial applications get approved. Appealing is how people often have to win benefits.
To build your appeal, review your denial letter and get prepared for the appeals process. These are the steps in Social Security’s disability appeals process:
Step #1: Ask for reconsideration
The first step is asking for disability reconsideration within 60 days of your denial letter. Another examiner will look at your claim and determine whether you qualify for benefits. But chances are you’ll still be denied and need to move to the next step.
Step #2: Request a disability hearing
If you get denied at reconsideration, your disability hearing with an administrative law judge (ALJ) is often your best chance to make your case for benefits. Tim Geary will meet with you personally before your hearing so you know what to expect. Tim has represented people in over 1,000 disability hearings.
Step #3: Petition the Appeals Council
If the ALJ denies you benefits at your hearing, you can petition the Appeals Council at Social Security to review the decision. They can uphold the decision, award benefits, or send you back for another hearing. This requires technical knowledge of disability law and the ability to identify errors by the judge.
It’s hard to recommend going through this on your own. You should have a disability attorney on your side, fighting to win you the benefits you deserve.
Even if you applied for benefits on your own or worked with someone else on your initial application, we can help you with your appeal.
How Working with Geary Disability Law Is Different
When you’re worried about your health, your ability to work, and your finances, that’s personal. But the Social Security Disability system is impersonal.
Work with an Appleton disability lawyer who understands that your situation and needs are unique.
Some big firms move through SSD claims like they’re working on an assembly line. That’s not how Geary Disability Law does things.
Here are a few ways we set ourselves apart from other disability law firms:
- We work with you from the start of your application for disability benefits.
- We take the time to learn the details of your claim because you’re a person, not just a case number.
- Our firm has knowledge of local industries and workplaces, so we understand how your health limitations affect your ability to work in Northeast Wisconsin.
- You’ll work with an actual attorney with trial experience, not just an advocate or staff member.
- You’ll meet Tim Geary personally before your disability hearing.
- We can point you toward local resources that can help you make ends meet while you wait for your benefits to be approved.
From our office in Appleton, we help Wisconsinites in Green Bay, Oshkosh, Wausau and across the state.
Don’t take any chances with your financial future.
Frequently Asked Questions About Disability Benefits in Wisconsin
When you need disability benefits, you have a lot of questions about benefits, how to get them and how they work.
Read on to find the answers to some of the questions we hear often at Geary Disability Law, and then schedule a free case evaluation to ask us about your individual situation.
What types of disability benefits could I qualify for?
Social Security runs two disability benefits programs for people unable to work due to health struggles—Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
SSDI is for people who have worked and paid into the system, while SSI is a need-based program for people who not only can’t work, but they have few other resources to fall back on.
To qualify for either type of benefit, you need to show your health problems will prevent you from working any job for a long time—12 months or more.
Does my medical problem qualify for SSDI benefits?
Social Security has a list of qualifying impairments on its website, but you can still receive SSD benefits even if your particular health problem isn’t on that list.
The core of your claim is showing how your symptoms limit your everyday functioning. You must meet the SSA’s definition of disability that you won’t be able to work any job for 12 months or more.
How long does it take to get disability benefits?
In the best of circumstances, it takes multiple months for Social Security to evaluate a disability claim. There’s a large backlog of claims, complicated rules to qualify, and too few claims examiners, so the system moves slowly.
It takes even longer to get disability benefits if you get denied and have to appeal. Each step of your appeal adds months.
Work with a disability lawyer to ensure that you don’t make mistakes that cost more time, and that your claim doesn’t get lost in the system.
I’m over 50. Should I apply for Social Security Disability benefits?
You can apply for Social Security Disability any time before official retirement age. This can be a great option for people over 50 who have work-stopping health problems and don’t want to take early retirement.
When you’re over 50, it can be easier to get approved for benefits because Social Security may consider you less likely able to switch to a variety of different jobs. Make sure your disability claim reflects your age and what it means for your work prospects.
Disability benefits can help you support yourself while you wait for retirement age. Then you can take your full retirement benefits when you turn 67.
What happens if my disability claim gets denied?
Only around 40-45% of initial disability claims get approved in Wisconsin. Nationally the average is even lower. If your application for benefits gets denied, know that you still have options.
Review your letter to find a reason for your denial. Then talk to a Fox Valley disability appeals attorney who can support your appeal.
Why should I work with a local, Appleton disability lawyer?
When you work with a big national firm, your disability claim might be bounced around to different staff members who never really take the time to learn about your situation.
You may not even work with a licensed lawyer or meet them until the day of your hearing.
When you work with a local Appleton disability lawyer in Wisconsin, you’re getting assistance from someone who knows you’re a fellow Wisconsinite, not just a file in a pile. We’ll give your disability claim the personal attention it deserves.
How much does a Wisconsin disability lawyer cost?
A Wisconsin disability lawyer doesn’t charge you an upfront fee or an expensive monthly retainer. Your lawyer gets paid when you win benefits.
When your disability claim is approved, you won’t just receive monthly benefits checks. You’ll also get back pay to make up for the months or years of waiting for approval.
Your lawyer’s fee comes out of your back pay, and Social Security sets limits on how much of your back pay can go to the fee.
It’s low-risk and low-cost to get a disability lawyer, but it can be highly valuable to have a lawyer who strengthens your claim for benefits.
Meet Tim Geary
Tim Geary is an experienced Social Security Disability attorney who knows what methods work for winning benefits. And he’s not just the face of the law firm. Every client can speak to him directly.
Hear from a Geary Law Firm Client
“I was denied multiple times. Once Attorney Geary stepped in, he won my case. I’m very, very pleased with the amount of time and effort they took on me and my case.”
