Many Indiana residents struggle with debilitating physical or mental conditions yet wish to and continue to work. If the situation deteriorates further and working every day is no longer possible, they may apply for Social Security disability. Unfortunately, the reality for most first-time SSD applicants is a denial of benefits, which comes with the implicit finding that they are still deemed capable of working. Although it’s common to accept an initial denial, there are various methods of appeal that hold promise for some who persevere to prove their disability to the Social Security Administration.
A threshold consideration in an SSD determination is whether the claimant has worked sufficiently in jobs under which Social Security taxes were withheld. If not, SSD cannot be awarded under any circumstances. However, disability commentators indicate that most claimants are eligible for benefits, but they do not match the definition of ‘disabled” as determined by SSA disability examiners. A claimant does have an opportunity to appeal if the proper procedure is followed in a timely manner.
If benefits are awarded, they continue until the claimant’s full retirement age, subject to periodic review by the SSA. It is possible to do some work while receiving SSD benefits if it is considered not to be substantial. There are also programs under which a disability benefit receiver can see if returning to work is possible without immediately sacrificing his or her monthly benefits.
The SSD process is a lengthy and complex process that may take up to eight months for an initial determination. Appeals can take much longer. At any stage of the process, it is permissible to be represented by a Indianapolis, Indiana, attorneys handling Social Security disability. This may be beneficial to the claimant in the attempt to gain disability benefits, especially during the appeal process.