Social Security Disability Attorney in Oklahoma City

If you qualify for Social Security Disability benefits, you should be able to secure them without engaging in a protracted fight.

However, the Social Security Disability (SSD) and Supplemental Security Income (SSI) programs have grown large and cumbersome. So, many people are forced to go too long without the disability assistance they need. If you need help, contact our social security disability lawyers today.

About Our Oklahoma City, OK Social Security Disability Attorney

At Cain Law, our compassionate Oklahoma City Social Security Disability lawyer has extensive experience securing SSD and SSI benefits for clients who are unable to work for a living due to injury or illness.

How Can Our Oklahoma City Social Security Disability Lawyer Help?

Our skilled social security attorneys have helped countless individuals and their families:

• Appeal negative Social Security Administration rulings about your benefits
• Secure disability “backpay” after a wrongly denied claim
• Prevent the elimination or reduction of benefits

We are here to make things right and take the burden off you. Contact our Oklahoma City SSD law firm to learn how we can help if your claim has been denied in the last 60 days. If your denial was more than 60 days ago you will have to start the claim again before we can help.

We do not charge a fee for work with Social Security Disability claims unless and until we recover payment for you. Schedule a free consultation now.

Why You Need a Lawyer to Help with a Social Security Disability Claim

Many first-time Social Security Disability claims are unfairly denied by the bureaucracy behind the two largest federal programs providing assistance to Americans with disabilities.

If you or a loved one has been denied benefits, our attorneys can help.

Services Our Disability Attorney Provide

Our experienced legal team can greatly increase your chances of success and make the entire process less of a burden on you by:

• Gathering and creating compelling evidence that clearly communicates the nature and extent of your disabling medical conditions and how they affect you
• Assisting you with every level of the appeal process
• Providing skillful representation when appealing a denial of your claim
• Responding to a cessation of benefits notices

Schedule a free, no-obligation consultation today with a social security lawyer to learn more about how we can help you.

How Does the SSD Appeals Process Work?

In both the SSD and SSI programs, the Social Security Administration provides a four-tier process for appealing decisions:

• Reconsideration: A claims examiner not connected to the initial consideration of your application will review it a second time. When you request reconsideration, you are allowed to add to your application before it is reviewed again. Our attorneys will help you decide what issues in your initial application should be addressed and what additional evidence you should provide to support your claim.
• Hearing. If your claim is denied upon reconsideration, you can ask for a hearing before an Administrative Law Judge (ALJ). At a hearing, you may testify and present witnesses to testify on your behalf, such as physicians who have examined or treated you. Our attorneys will guide you through this process to make sure we present a strong case at the hearing.
• Appeals Council Review. If the results of a hearing are unacceptable, you may ask the Social Security Administration’s Appeals Council to review your case. The Appeals Council may decline the request, conduct the review and hand down a decision, or remand your case to the ALJ who heard it previously to examine it again. You don’t take part in an Appeals Council review.
• District Court Case. If an Appeals Council review fails to resolve your claim to your satisfaction, you can file a lawsuit against the Social Security Administration. A lawsuit would go before a federal district court judge, and you would be allowed to present evidence and testimony. The SSA would also be allowed to present evidence against your claim and to rebut your evidence and testimony.

There are specific deadlines for requesting a review at each level of appeal, which cannot be missed. Every appeal proceeds according to standard accepted rules of evidence and procedure, and the process becomes increasingly formal at each step. It is possible, but not advisable, to appeal a decision on your own up through an Appeals Council Review, but the final appeal to the federal district court requires an attorney’s assistance.

Throughout the claim application and appeals process, any reason the SSA has to deny benefits will be voiced by professionals who deal with SSD and/or SSI claims every day. Our attorneys deal with Social Security Disability benefits cases on a daily basis, as well. Our social security attorneys can put our experience and insight behind your benefits application.

What Is the Difference Between SSD and SSI Benefits?

The Social Security Administration operates two programs that provide benefits to individuals who have disabilities that prevent them from working for a living:

• Social Security Disability (SSD): An insurance program for workers who have developed an incapacitating disability
• Supplemental Security Income (SSI): An entitlement for those with severe disabilities who have never worked, or for poverty-stricken elderly citizens

Are You Eligible for Social Security Disability Benefits?

Because SSD is an insurance program, you must have worked long enough and paid Social Security taxes through employment to accrue a benefit from this program. An applicant for SSD must show payments into the Social Security system for 40 quarters – 20 of which were in the 10 years immediately prior to becoming disabled.

Requirements for SSD Benefits

Applicants for SSD benefits must also provide evidence that they:

• Cannot do the work they performed in previous jobs
• Have a disability that has lasted or is expected to last at least 12 months, or lead to their death
• Have a medical condition(s) that prevents them from adjusting to any other type of employment

Evidence of Disability

If you have already applied for SSD benefits or have begun to prepare an application, you know there are multiple forms to complete and multiple records to obtain and submit.

These include:

• Medical records to establish your disability
• Job records documenting employment over several years
• Workers’ compensation claim records (if your injury or illness is occupational)
• Financial assets (e.g., bank accounts, retirement accounts, other holdings)

Once you qualify by having paid into the Social Security system, the medical records you submit as part of your benefits application are key to a successful claim.

For the best results, your SSD application should identify your disability as one that is included among the physical, mental, and immune system disorders found in the Social Security Administration’s “Listing of Impairments” (also known as the “Blue Book”). In most cases, a documented diagnosis that can be found in the Blue Book ensures acceptance of a claim.

If your condition cannot be specifically diagnosed, the medical evidence of your disability must convince claim examiners that your condition is equivalent to an impairment listed in the Blue Book.

You deserve benefits if you are disabled and unable to work. If you had your application denied, our Oklahoma social security disability lawyers can help you pursue the benefits you deserve.

Contact our Oklahoma SSD attorneys for a free no-risk consultation. We have offices located in Oklahoma City and Edmond.

Is Your Child Eligible for Supplemental Security Income Benefits?

The Supplemental Security Income (SSI) program is based on financial need and usually assists individuals who have been disabled since childhood and have never worked for a living. Often a parent or another family member seeks SSI benefits on behalf of a young adult who has a disability.

Benefits through the SSI program are also available to adults over age 65 or to individuals who are blind if they meet the financial requirements.

An SSI applicant may not have “countable resources” that exceed $2,000 ($3,000 if married). Countable resources are assets that include but may not be limited to:

If an applicant is younger than 18, their parents’ assets are taken into consideration.

However, certain assets are excluded from countable resources, such as a primary home the SSI applicant owns, and other government benefits, including SNAP assistance (food stamps) or home energy assistance.

In addition to financial qualification, an SSI claim must demonstrate that the applicant is one of the following:

Applying for SSI benefits requires completing several forms and submitting medical records that demonstrate the applicant’s disability. Parents applying for benefits for a disabled child must submit an Application for Supplemental Security Income and a Child Disability Report.

In the best-case scenario, medical records in the SSI application demonstrate that the applicant has been diagnosed with physical, mental, or immune system disorders found in the Social Security Administration’s “Listing of Impairments” (the Blue Book), inclusive of “Childhood Listings (Part B),” which describes congenital disabilities.

In most cases, a documented diagnosis that matches a Blue Book listing ensures acceptance of an SSI claim. If there is no specific diagnosis that is matched by a Blue Book entry, the medical evidence of the applicant’s condition must convince claim examiners that it is equivalent to an impairment listed in the Blue Book.

What Do I Do If I Receive Notice that My Benefits Will Be Terminated?

Many people believe that once they have secured SSI or SSDI benefits that the battle is over and they will receive benefits for the rest of their life. However, you may receive notice from the Social Security Administration stating that it is reducing or terminating your benefits. It is important that you understand why this can happen and what you can do about it.

Reasons for Reduction or Termination of SSDI or SSI Benefits

Social Security Disability benefits can be reduced or terminated for a number of reasons, including:

• Exceeding the income limit – For SSI, you must continue to be below the applicable income limit while receiving benefits. If your income goes over this amount, you can lose your benefits. You might even be required to repay the Social Security Administration for benefits you received while you were ineligible for them. Your income may go over the limit if you start receiving an income from another source like alimony payments or a pension. Non-cash food and shelter that someone else provides to you is also considered income. Your spouse’s income can also be deemed part of your own income. There are complex rules regarding what the Social Security Administration counts toward income and what it does not, so reach out to a qualified Social Security disability attorney if you are confused.
• Exceeding the asset limit – SSI beneficiaries must also stay below the applicable asset limits. If they receive unexpected money such as from an inheritance or a personal injury settlement, they may go over asset limits. Talk to a personal injury lawyer to learn how you can protect your benefits if you come into unexpected funds.
• Returning to work – SSDI and SSI benefits are intended to substitute earnings from work, so if you return to work, you could lose your benefits. However, there are special rules about how work earnings are counted and special programs that allow you to test out working while still receiving your benefits.
• Age – If you reach full retirement age, your benefits will switch to retirement benefits. If your child is receiving SSI benefits, their case will be reevaluated according to adult disability standards once they reach 18.
• Medical improvement – You will be subject to a continuing disability review to assess if you are still disabled according to the Social Security Administration’s standards. These reviews usually occur every three or seven years.

Duty to Report Changes

If you receive disability benefits, you have an ongoing responsibility to report changes to the Social Security Administration. These changes include:

• Change of address
• Change in your living arrangements
• Change in your income or household income
• Change in assets
• Change in marital status
• Death of spouse or anyone in your household
• Change in immigration or citizenship status
• Change in other benefits or payments you are receiving
• Change in your long-term stay in a medical facility, nursing home, jail, or halfway house
• Change in school attendance, if you are under 22 years old
• Any absences from the country for 30 days or more
• Improvement in your medical condition
• Change in when you start and stop work
• Changes in your work pay or hours

Not all changes will result in a loss or reduction of benefits. However, you may become ineligible for benefits and even wind up owing the Social Security Administration money for the benefits you do receive if you were ineligible for a short period of time if you do not report these changes.

Notice Requirements

Before the Social Security Administration reduces or terminates your benefits, it must provide you with written notice stating this and the reason for the change in your benefits.

Limited Time to Act

If you receive a notice of termination or reduction in your benefits, you must take immediate action. You only have ten days from the date of the letter to appeal this decision. Go to your local Social Security office and ask to appeal the decision. A representative can give you a form to complete or help you complete it. Ask for a stamped copy of your appeal so that you can prove that you filed it within the applicable time limit. Do not wait until the Social Security Administration takes action on your case or it might be too late.

Payment Questions Regarding Termination or Reduction of Benefits

If you receive notice that your benefits are going to be terminated or reduced and you disagree with this decision, you have the right to hire an attorney to represent you in this matter. However, the representation may not occur in the same way as your application for benefits. This is because in those cases, you may become eligible for benefits and receive back pay from which you pay your legal representative. In termination or cessation of benefits cases, there usually are no backpay benefits. Contact us to learn about paying for legal representation in these types of cases.

The most important thing you can do if you receive notice is to appeal within the deadline. If you do not react, you can lose your appeal and even be required to repay Social Security.