Social Security Disability Attorneys in Tulsa, Oklahoma
Social Security Disability benefits can be a lifeline for many injured and disabled workers right here in Tulsa, Oklahoma. Our team of attorneys at the Law Offices of Jeff Martin understands the impact that a disability can have on your family and your physical, emotional, and financial wellbeing.
If you or someone you love has suffered a disability that prevents them from working and earning income, you need the help of Social Security attorneys to assist you with navigating the claims process and fighting for the desired outcome in your case.
Proving that you have a disability that qualifies for benefits can be complicated and stressful. At the Law Offices of Jeff Martin, our skilled and results-driven Social Security Disability attorneys are dedicated to helping clients understand their rights and work toward a successful outcome for their case. We represent disabled workers and their families in Tulsa, Oklahoma.
Social Security Disability
There are two federal programs that provide monetary assistance to people with disabilities in the United States, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Many people get confused about the differences between SSDI and SSI.
- Social Security Disability Insurance — This program, which is commonly referred to as SSDI, is available to workers whose condition qualifies as a “disability.” SSDI benefits are also available to the disabled worker’s current or former spouse and children.
- Supplemental Security Income — SSI benefits are only available to people with disabilities or those who are at least 65 years of age if their income and resources fall below the levels established by federal law.
While both programs are administered by the Social Security Administration (SSA), the criteria for qualifying for SSDI and SSI are different. Call our social security disability attorneys for advice on understanding these distinctions.
Qualifying for Disability Benefits
If you become disabled and are unable to work and provide for yourself and your family, you might wonder, “What qualifies as a disability under federal law?” Social Security Disability benefits are not available to workers who suffer partial disability or short-term disability. These benefits are paid only to those who suffer a total disability.
According to the SSA’s website, the federal agency considers a worker to be “disabled” for the purposes of Social Security Disability rules if the worker:
- Cannot perform the work they did before the disability
- Cannot adjust to other work due to their injury or medical condition
- Has a disability that has lasted or is expected to last for a minimum of 12 months or result in death
If your case does not meet the criteria above, you may not qualify for disability benefits. In such circumstances, it's advisable to seek the counsel of experienced social security disability attorneys who can provide valuable insights and guidance.
Factors Considered in Determining “Disability”
The SSA uses the following step-by-step process when determining whether a person is eligible for disability benefits:
- If the person is not working, their application will be forwarded to the Disability Determination Services (DDS) office to evaluate their medical condition.
- The applicant’s condition must be severe to qualify for disability benefits. In other words, it must significantly limit the person’s ability to do basic work-related activities, including sitting, standing, walking, and others, for at least a year.
- The applicant’s conditions must be found on the SSA’s list of disabling conditions or be severe enough to prevent them from performing any gainful work.
- The applicant’s condition prevents them from doing the work they did before the injury or condition.
- The applicant cannot do other work despite their impairments.
Your Right to Appeal
If you do not agree with the SSA’s decision on your claim, you may still succeed in appealing an SSDI denial. A skilled disability lawyer could help you exercise your right to appeal to ask the SSA to look at your case again. At the Law Offices of Jeff Martin, we understand how the denial of a Social Security Disability claim can affect the disabled person and their family, especially if they rely on those benefits as their main source of income.
Get in touch with us without delay! Our services extend beyond just disability benefits, as we also provide consultations for cases related to nursing home abuse, vehicle accidents, and more.
Our experienced professionals are ready to listen, provide insights, and guide you through the next steps. Your well-being and peace of mind are our top priorities, and we are committed to working tirelessly to ensure that your rights are protected and upheld.
Contact Us ASAP - Our dedicated team of experienced socail security disability attorneys are here to help you recieve the maximum compensation that you deserve. With a deep understanding of Oklahoma's laws and a commitment to advocating for our clients, we will fight tirelessly to protect your rights and secure the best possible outcome for your case. Don't delay, and let us help you reclaim your peace of mind.
FAQs
What Is The Difference Between SSDI And SSI?
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both designed to aid individuals with disabilities, but they serve different populations and are funded through different sources.
SSDI is available to individuals who have paid into the Social Security system through their work history, reflecting a form of insurance that one has contributed to over time. On the other hand, SSI is a means-tested program that aids individuals with disabilities who have limited income and resources, regardless of their work history.
Understanding the intricacies of these programs can be daunting, but rest assured, we are here to guide you through every step. Our commitment is to clarify the complexities and provide you with the information and support needed to navigate these systems effectively.
Remember, you are not alone in this process and your peace of mind is our utmost priority. Should you have any further questions or require individualized assistance, our lawyers are ready to offer you the tailored support that can make a significant difference in your circumstances.
Am I Eligible For Social Security Disability Benefits In Oklahoma?
Eligibility for Social Security Disability Benefits in Oklahoma hinges on several critical factors. You must have a medical condition that meets the Social Security Administration's definition of disability. In general, this means your condition should be severe enough to prevent you from performing substantial gainful activity, and it is either expected to last for at least one year or result in death.
Furthermore, you should have a sufficient work history where you have made Social Security contributions—this is essential to qualify for SSDI. In Oklahoma, as in all states, adherence to national guidelines is a prerogative, but rest assured, our seasoned advisors are well-versed in the nuances of local policy implications, ensuring that your unique context is considered.
To establish your eligibility, it will be necessary to provide comprehensive medical evidence and, in some cases, go through a disability evaluation. We understand this can be a complex and overwhelming journey, but you are not alone. We are committed to extending our experience and knowledge to affirm your eligibility and empower you with the information you require.
Your well-being is of paramount importance to us, and we are devoted to providing you the assurance and support to persevere through this process. For personalized guidance, do not hesitate to reach out.
How Do I Apply For Social Security Disability Benefits In Oklahoma?
Applying for Social Security Disability Benefits in Oklahoma requires your careful attention to detail and adherence to the Social Security Administration’s protocols. Initially, you may apply online, by phone, or in person at your local Social Security office.
If you feel uncertain about the process or if you are unable to complete the application on your own, our attorneys are here to assist you. We simplify the complex by meticulously guiding you through each step, ensuring your application is complete and accurately reflects your situation.
It is imperative to gather all necessary documentation, including medical records, work history, and personal identification, before beginning your application. Each piece of information plays a crucial role in elucidating your case for eligibility. We understand the importance of each detail and offer our knowledge and resources to ease this burden.
Timeliness is crucial, and we urge you to initiate this process as soon as possible to circumvent any delays in receiving your benefits. While the journey towards obtaining Social Security Disability Benefits can seem formidable, please be assured that our committed team is here to empower you.
Your success and peace of mind are our mission. For personalized support, please contact us directly; our lawyers are prepared to advocate for you, championing your rights and securing the support you need.
What Conditions Qualify For Social Security Disability Benefits?
The spectrum of conditions that qualify for Social Security Disability Benefits is extensive and includes a broad range of physical and mental impairments. The Social Security Administration (SSA) maintains a comprehensive list of such impairments within their "Blue Book," which details the criteria needed for each condition to be considered disabling.
Among these are musculoskeletal problems, cardiovascular conditions, neurologic disorders, mental health issues, and various others that substantially limit one's ability to engage in meaningful employment.
Our role is to assist you with authoritative knowledge and empathetic understanding of this often-complex list and benchmark your condition against the SSA's requirements. We understand that everyone’s situation is unique, and we are here to help decipher the specific medical evidence necessary to support your claim.
Your condition may not explicitly be listed, which can be concerning; however, benefits may still be available based on the severity of your impairment. It is our pledge to stand by your side, empowering you with a deep comprehension of these qualifications, supporting you through the application process, and advocating for your right to receive the benefits you need. We are dedicated to advising you with precision and care, allowing us to illuminate the path to securing your entitlements.
For tailored advice and a compassionate helping hand, please reach out to our skilled team. We exist to provide you with the reassurance and the assistance necessary to affirm your condition qualifies for Social Security Disability Benefits.
How Long Does It Take To Get Approved For Disability Benefits?
The timeline for approval of Disability Benefits can vary, shaped by the intricacies of each case and the efficiency of the review process. Typically, it may take several months to receive a decision. We recognize that this period can be one of uncertainty. Yet, we assure you that with our support, the waiting can be managed with confidence.
Our team stands ready to expeditiously handle your application and will be proactive in communicating with the Social Security Administration on your behalf to mitigate any avoidable delays. We are dedicated to monitoring your case closely, updating you regularly, and providing clarity and guidance as we navigate this journey together.
Our commitment is your peace of mind, ensuring that during this critical period, you are not alone. For a comprehensive review and assistance with the timeline of your specific application, please do not hesitate to contact us.
What Can I Do If My Disability Claim Is Denied?
Should you find yourself facing a denial of your Social Security Disability claim in the state of Oklahoma, we want to reassure you that this is not the end of the road. There are several steps you can take, and our lawyers are equipped to guide you through each one.
The first course of action is to file for reconsideration, where a different claims examiner will review your case afresh. It is vital to submit this request within 60 days of receiving your denial notice, as missing this deadline can necessitate starting over.
If the reconsideration does not yield a favorable result, the next step is to request a hearing before an administrative law judge. This hearing is your opportunity to present your case in more detail, often with additional evidence and testament from medical experts or vocational specialists. We will help prepare you for this hearing, ensuring you understand the process and what to expect.
Should the administrative law judge also deny your claim, you can proceed to the Appeals Council. At this level, your appeal will be evaluated not just on the specifics of your case, but also on the basis that correct legal processes were followed throughout. Should the Appeals Council decline to review your case or if their review doesn't change your claim's outcome, you have the right to file a lawsuit in the federal district court.
Each stage of this appeal process is intricate, and decisions made at each point can be pivotal, highlighting the importance of having seasoned professionals like us by your side. We understand the stress and strain of what you are going through, and we stand ready to shoulder this burden with you, pursuing every avenue to secure the benefits you deserve.
We urge you to reach out as promptly as possible so we can begin building a robust appeal on your behalf. Our commitment is steadfast, ensuring you never feel alone in this difficult time and always have an advocate to rely on.
How Much Will My Social Security Disability Benefit Be?
Calculating your Social Security Disability Benefit amount involves a complex formula based on your "Average Indexed Monthly Earnings," or AIME, which is derived from your lifetime earnings before your disability began. The Social Security Administration then applies a formula to this AIME to calculate your Primary Insurance Amount (PIA), which forms the basis of your benefits.
Understanding this calculation can be challenging, and it's normal to have concerns about ensuring your benefits are computed correctly. Our experience lies in demystifying this process for you. While the amount varies from person to person, the average disability benefit for a disabled worker is around $1,277 per month as of last year.
You can trust that we will leverage our authoritative knowledge to ensure the accuracy of your benefits calculation. Our team is dedicated to a detailed review of your earnings record and advocating for any necessary corrections that may affect your PIA.
Rest assured that we navigate these calculations with precision and care, guarding your benefits and bringing a sense of clarity and ease to your financial planning during a challenging time. We encourage you to contact us for a personal assessment, ensuring that you receive the full amount you are entitled to. Our commitment is to provide unwavering support as we work alongside you to affirm your deserved benefits.
Can I Work While Receiving Social Security Disability Benefits?
Navigating the intersection between employment and the receipt of Social Security Disability Benefits requires a keen understanding of the regulations to ensure your rights and benefits are preserved.
We are cognizant of the complexities involved when you're considering a return to the workforce. It's crucial to understand that there are specific thresholds and rules under the Social Security Administration's work incentives and Ticket to Work programs that allow you to work while still receiving benefits.
Our attorneys are well-versed in these guidelines and are poised to provide you with clear, actionable advice tailored to your unique situation. We are committed to empowering you with the knowledge to make informed decisions, explaining how work and income might impact your benefits, and assisting in navigating scenarios such as trial work periods.
Keep in mind that your ability to work does not automatically negate your eligibility for disability benefits; there are measures designed to protect your financial and healthcare entitlements as you transition.
For personalized guidance on working while receiving benefits, please consult with our team. Your welfare is at the heart of our mission, and we are driven to advocate relentlessly on your behalf, ensuring that your transition to working life is as smooth and secure as possible.
How Does Receiving Social Security Disability Affect My Medicare Or Medicaid?
Understanding the impact that receiving Social Security Disability (SSD) has on your Medicare or Medicaid coverage is essential. It's common to approach this with concern but rest assured - our team is here to navigate you through these changes with confidence and care.
Upon qualification for SSD benefits, you are automatically enrolled in Medicare after a waiting period, typically two years from the date you're deemed entitled to receive SSD benefits. This coverage is critical in ensuring you have access to necessary medical care without compromising your financial well-being.
For those who are low-income, Medicaid may also be an option. Eligibility for Medicaid is determined by state-specific guidelines, which can be intricate. We will assist you in understanding these rules and support you in maintaining or obtaining Medicaid coverage alongside your SSD benefits when applicable.
We comprehend the value of your health care coverage, and we stand ready to assuage any apprehensions you have and aid in preserving the benefits to which you are rightfully entitled. Do not hesitate to contact our knowledgeable team for a comprehensive review of how your entitlements are affected and for continued peace of mind.
What Should I Do If I Disagree With The Amount Of My Disability Benefit?
If you suspect the amount of your Social Security Disability benefit is not accurately reflective of your entitlement, it's paramount to act swiftly but judiciously. Any discrepancy, no matter how minor it may seem, warrants a thorough evaluation, and our firm is precisely the ally you need in such instances. We approach your concerns with the utmost seriousness, bringing our exhaustive knowledge of Social Security Administration protocols to bear.
Initiate contact with us without delay, so we may furnish you with the comprehensive counsel necessary to resolve benefit disagreements. Filing for a "Request for Reconsideration" is a critical first step, and we are prepared to guide you with precision during this process.
We appreciate the gravity of these situations and assure you that our seasoned team is equipped to advocate for your best interests, striving to ensure that you receive the correct benefit amount promptly. Your confidence in our ability to deliver committed and accurate support is well-placed. Trust in our experience to restore equilibrium to your Social Security Disability benefits.