Social Security Disability Insurance Lawyers in New Mexico

Assisting Clients With SSDI Applications and Appeals

If you have sustained an injury or illness that leaves you unable to work full-time and support your family, you can take advantage of disability benefits programs to fund your lifestyle and pay for your basic needs. Social Security Disability Insurance (SSDI) is a program made to protect workers who get injured or develop illnesses that render them unable to perform routine work duties. Receiving monthly SSDI payments can be life-changing for New Mexico residents, especially those in cities like Santa Fe, Albuquerque, and Rio Rancho. Although the application process can be lengthy, it is well worth the time and energy to apply for SSDI payments.

Federal programs like SSDI often have limited funding, meaning the Social Security Administration cannot accept every applicant. Unfortunately, this means that your initial application may get denied, even if your disability warrants assistance. Applying for New Mexico SSDI on your own is always an option, but many applicants find more success when consulting with an experienced team of disability benefits attorneys. If you need help submitting your application or going through the appeals process after a denial, our team can help.

Our lawyers at Roeschke Law know the ins and outs of the Social Security disability benefits process, and we can help you submit all the necessary information for a higher chance of approval. If you’ve already submitted an application and been denied, we can guide you through the appeals process every step of the way. We understand just how life-saving disability benefits can be for those who need them, and we are dedicated to helping disabled individuals receive the benefits they deserve. For more information about our services, contact our office today by calling 480-999-4740.

What is SSDI?

Social Security Disability Insurance (SSDI) is one kind of disability benefits program that provides supplemental income for those who cannot work. More specifically, SSDI provides monthly payments to those who are “insured.” Being insured means that an individual has worked long enough and recently enough to have paid Social Security taxes on their income. Individuals must also have a qualifying disability and be unable to work long-term to take advantage of Social Security disability benefits.

The Social Security Administration (SSA) has strict requirements for SSDI applicants, and out of the thousands that apply each year, only a small percentage are accepted. Providing medical records, work history, and other documents in your application will help you prove your need so you can get monthly benefits from the government.

How Do You Qualify for Social Security Disability Insurance?

Before applying for SSDI, it’s essential to understand whether you are qualified for the program or not. If you are not eligible, the SSA will automatically deny your application. To get SSDI, you must bet between the ages of 18 and 65 and have a recent work history.

If the following parameters are all true, you likely qualify for SSDI:

• Your medical condition makes it impossible to work for at least a year
• You are 18 or older
• You are not receiving disability benefits currently
• You have not been denied benefits in the past two months

You must also meet the SSA’s definition of disability. The SSA defines a disability as having a medical condition that means you cannot perform substantial gainful activity (SGA). SGA is any normal work activity that allows you to work and support yourself and your family members. If your disability limits you from sitting, standing, walking, or remembering things, you likely meet the SSA’s definition of a disability. To be sure, check out the SSA’s list of qualifying disabilities on their website.

To ensure that you qualify for SSDI, the SSA requires applicants to submit medical records that prove they have a disability. You can also submit a statement from a doctor or healthcare provider who is treating your condition. We recommend consulting a medical specialist rather than a family doctor or primary care doctor, as a specialist’s opinion holds more weight in the application process.

SSDI benefits also have income limits. Income limits change every year, and you can check these limits on the SSA’s website. In 2023, if you make more than $1,470 per month, you do not qualify for SSDI payments, even if you are working part-time. In most cases, it is recommended to apply for SSDI if you are not working, as even a small income can disqualify you from receiving benefits.

The SSA will also check how many work credits you have. Work credits are earned annually and are calculated using your yearly income history. Most people earn around four work credits per year. In most cases, individuals need 40 work credits to qualify for SSDI, 20 of which have been earned in the last ten years. However, this number changes depending on the age at which you became disabled, as younger individuals may require fewer work credits to qualify.

What is the SSDI Application Process?

The initial SSDI application takes between one to two hours to complete. Generally, we recommend that you gather all the necessary information you need beforehand so you can answer all the SSA’s questions thoroughly. You will need your medical records, work history, and personal information to prove that you have a qualifying disability and require benefits.

Below are the general steps of the SSDI application process:

• Collect medical records, work history, and personal information to submit along with your application.
• Complete the entire SSA disability application and submit it to the SSA.
• The SSA will review your medical evidence and records to determine if you meet their definition of a disability.
• The SSA will evaluate your work history to ensure you qualify for disability benefits.
• The SSA will send your application to the Disability Determination Services office in your area.
• The state agency will notify you of their decision about your application.

In most cases, the entire process takes between three to six months to finish completely. The SSA may also contact you to collect more information about your work history and disability if needed. In many instances, the SSA will request additional medical records or statements from doctors about your medical history. You may also have to provide further information about your work and tax history to prove you are eligible for SSDI.

The SSDI application process is lengthy, and making a single error on any form can lead to an automatic denial. If you have any questions about SSDI or would like assistance with your application, contact our team today for further information.

What if Your Application for SSDI is Denied?

Many applicants submit the paperwork for SSDI and are unfortunately denied. However, the fortunate news is that a denial is not an automatic rejection, as you can appeal this decision in a few different ways. There are four steps to the appeals process, with a chance for SSDI acceptance at every step. You can seek legal counsel before or during any part of the appeals process.

The appeals process is as follows:

Request for Reconsideration

To start the appeals process, send the SSA a request for reconsideration within two months of receiving your denial notice. The denial letter you receive will go into details about submitting this request. When you file, you can include additional information, like medical evidence, if you believe it will change their decision.

The SSA will then reconsider your application using the information in your case file. Once the SSA has reached a decision, they will send you their reconsideration determination notice. If you disagree with their decision, you can move on to the steps below to continue the appeals process.

Hearing

If your SSDI application is denied a second time, you can file a request for a hearing before a judge within two months of your denial notice. The court will send you the time and date of your hearing, and you can get reimbursed for your travel costs if the courthouse is more than 75 miles away from your home.

You can submit new medical evidence to bolster your case if you believe it will change the decision made. During the hearing, you can subpoena witnesses, like medical providers, to provide testimony on your behalf. The judge can also call witnesses for their opinions about your medical history.

Disability hearings are informal and are usually recorded and included in your case file. The judge will make a decision about your case and send you a notice of their decision once it has been reached.

Appeals Council

Your SSDI application may be denied at a disability hearing. If it is, you can file a request for review by the Appeals Council within two months of your denial notice. The Appeals Council will review your case file and any additional evidence you wish to provide.

The Appeals Council can grant your request, dismiss your request, or deny your application again. You may also be sent back to court for another hearing if the Appeals Council believes it is necessary. The Appeals Council will send you notice of their decision.

Federal Court

The final step in the appeals process is filing a civil lawsuit with the federal government. Our team can help you prepare and file a lawsuit with the U.S. District Court. In court, we will provide additional evidence to prove that your disability benefits should be approved and that you meet the SSA’s definition of a medical disability. You must file a lawsuit within two months of receiving a denial from the Appeals Council.

The U.S. District Court may approve your application, deny it, or send it back to a judge for further review. If your application is denied in federal court, you can no longer appeal your initial application. Fortunately, you can submit a new application from scratch to start the process over again. It is recommended that you wait until your medical condition has changed to avoid another denial.

Is There a Difference Between SSI and SSDI?

Supplemental Security Income (SSI) is another type of disability benefits program. SSI and SSDI are similar, but they have different qualifications. To qualify for SSI, you must be blind, medically disabled, or over 65 years old. You must also be unable to work and have very few financial resources. Rather than relying on work history or work credits for qualification, SSI examines an individual’s financial needs and their qualifying disability.

The application process for SSI is very similar to the process for SSDI. You must prove that you are unable to work and have limited financial resources to support yourself or your family. You must also prove that you have financial hardship and will be unable to work for over a year. For more information about SSI and whether you qualify, contact our team.

Should You Consult a Social Security Disability Insurance Attorney?

Social Security disability benefits are life-saving payments for disabled individuals who cannot work to support themselves. Unfortunately, because the application process is so complex, many people find themselves facing denial notices even when they qualify for disability benefits. In most cases, individuals have more success getting approved for disability benefits with an experienced legal team on their side.

Our attorneys at Roeschke Law are dedicated to helping our clients get approved for SSDI. We can help you gather your medical evidence, records, and work history for submission so you have a higher chance of getting approved right away. If you are denied, we can walk you through the appeals process, advocating for you every step of the way. We understand just how overwhelming this process can be, and we are confident we can help you. Contact our office today by calling 480-999-4740 to learn more.