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Qualifications for SSD Benefits

Qualifications for SSD Benefits


Fresno SSD Application Attorneys
If your injury has resulted in a disability and you are unable to work, it may be in your best interest to file for Social Security Disability Insurance Benefits (SSDIB) benefits. The Social Security Administration (SSA) will consider a person disabled if he or she is unable to work due to a medical condition, and is unable to do other work that might also be available. If you are disabled, it is important to ensure you qualify by talking with an experienced lawyer.
At Milam Law, our firm's attorneys have years of experience helping people successfully apply for disability benefits. We understand the intricacies of the law and where people often go wrong when applying for benefits. We can help you file a claim and advise you on the entire process, as necessary, to prepare you to win your claim, including any possible administrative law judge (ALJ) hearings.
Modesto Social Security Disability Qualifications Lawyers
In order to qualify for Social Security disability benefits, your disability must be listed on either the SSA’s Listing of Impairments or you must be able to qualify for SSD, or Supplemental Security Income (SSI) benefits through a combination of other factors. Our goal in helping you apply for benefits is to help you get all of the benefits you deserve —and in a timely fashion.
We can work with your doctor, answer your questions and make sure that you are taking positive steps toward your legal goals.


Modesto Social Security Disability Lawyers
People who are over the age of 50, and are disabled due to an injury or illness, face unique challenges if they are unable to work. The guidelines for people over the age of 50 with regard to Social Security Disability Insurance Benefits (SSDIB) benefits are important and will impact the eligibility for those benefits. There are fewer full-time jobs open to people over 50 based on the way Social Security Administration (SSA) laws are set up, as age is one of the considerations.
At Milam Law, our Social Security disability attorneys can review your work history and your medical condition to identify the benefits that you may be eligible to get, based on your unique set of facts. We work with an experienced team of lawyers and staff to gather information and present your case. During every step the process, including initial claims and appeals, we will make sure that you have the answers and information you need to qualify for benefits.
Sacramento Over Age 50 SSD Claim Attorneys
The following factors often impact eligibility for SSD or Supplemental Income Insurance (SSI) benefits:
  • Age: Since the opportunities for people tend to get fewer with age, the Social Security Administration takes that into consideration.
  • Level of education: Depending on your level of education, the SSA can deny your claim if you qualify for some kind of desk job that will require little, if any, physical activity or training. Therefore, this is something that can hurt you. There are ways to present your education so it does not reduce your chances to win. You need to understand those times where education is a major factor — that can be done at Milam Law.
  • Work history: If you have had a work history where you performed physically demanding jobs and are over the age of 50, you may qualify for benefits under the over age 50 guidelines. However, where your work was skilled, a thorough review of that work and those skills is needed to decide whether the SSA can use those skills against you. If they decide that your skills transfer to other jobs that are less physically demanding than your old work, they can deny your claim. It is critical to make timely and complete arguments to the SSA about your old work and job skills, especially when you are over 50. It can be the difference between winning and losing — or winning early.
People over 50 can often get benefits quicker and with less pain than younger workers who are disabled. They are also likely to pay less in attorneys' fees. It is critical you get an attorney who understands work skills and other aspects of your past work to help you avoid the pitfalls of losing your case due to the way the SSA looks at these factors. And, it should be done early on in the process, if possible. Otherwise, you may lose — or it can take a much longer time to win.


Sacramento Disabled Widow Benefits Lawyers
It is never easy to deal with the death of a loved one. The coping process is hard and, regardless of the circumstances, the financial difficulties are only outweighed by the emotional ones. This is especially true when the deceased was working and contributing to the household income. The Social Security Administration (SSA) provides survivor's benefits to eligible family members.
At Milam Law, in California's Central Valley, our attorneys understand the devastation that our clients are dealing with, and use our extensive experience to guide them through the process of obtaining survivor benefits. We will take the time to understand your situation and inform you of your rights.
Fresno Survivor SSD Benefits Attorneys
Individuals who have worked a sufficient numbers of years — 10 years in most cases — have earned survivor's insurance that is to be distributed to family members in the form of survivor's benefits. Individuals who may be eligible for survivor's benefits may include:
  • Unmarried children under the age of 18 or who are still in high school
  • Adult, disabled children who have become disabled prior to 22 years of age
  • Surviving spouse who has children under the age of 16
  • Widow/widower age 60 or older
  • Disabled surviving spouse age 50 or older
  • Eligible dependent parents over the age of 63
Rather than purchasing a life insurance policy, some families choose to take advantage of survivor's benefits. They are one type of monthly Social Security benefits that are paid to help eligible family members after a loved one has passed on.
There can be a one-time, lump-sum payment for funeral expenses for a survivor to assist during that period of grief. You can contact the SSA to see if you qualify for this help.


Sacramento VA Benefits Claim Attorneys
If you suffered a physical injury in the line of duty, or developed a mental illness during your duty, you deserve to be protected. You deserve the country to give back all that you gave to it through your selfless acts. You may be eligible for veterans' disability benefits that can help you pay for medical bills, lost wages and other expenses for the future.
At Milam Law, we know that the rules surrounding veteran's benefits claims are complex. We have a set of the regulations for vets that we use when needed to address these issues with our Social Security clients. It is tough to know if you qualify and, if so, what level of benefits you will receive. The process can seem long and difficult. It is our job to provide honest answers to your questions and the right information to help you through the process with ease.
Milam Law has occasionally done some assisting of its clients with veterans' cases, although it has not fully had to handle the claims (they have been worked out without the need of full representation), when clients have been unable to procure all benefits deserved. We can refer you out, when needed, for additional legal assistance. Mr. Milam is a staunch supporter of our military and troops. His father was a decorated World War II veteran, so for that and many more reasons, we are honored to help veterans. Mr. Milam has been a speaker and supported at veterans' programs, and will always do so when asked and able. THANK YOU for your service to our country.
Modesto Veteran's Benefit Lawyers
The disability benefits that you may be entitled to receive are based upon a rating system. The Veterans Affairs (VA) will place a value on your disability and the severity of that disability. It is important that you have an attorney on your side to ensure that your claim is not undervalued. We can direct you — even if we do not represent you as your attorney. Often, clients have advised us that they have a pending claim; we have seen the VAs in our areas do a very good job in awarding benefits — even if it takes time. We can help assess your case if you would like.
The VA disability system is a cousin in many ways to the Social Security disability system; they are similar. The VA system can help a lot with your SSD case. You should ALWAYS keep copies of all your service records, disability reports and rating statements, and give them to your attorney to present to the Social Security Administration (SSA). Always ask for a copy of ALL consultative doctor reports for rating purposes; often, these are very hard to get, and best procured by you at the time it is done.


Modesto Medical Care Costs Lawyers
The Social Security disability claim process takes a long time and, in many cases, there is no getting around it. For a disabled person who has bills to pay, cannot work and has no other source of income, a lengthy review process will cause significant harm. The Social Security Administration (SSA) has a provision for dire needs cases for those who need benefits right away. To be totally honest, these are extremely hard to obtain, as the SSA decides applications in the order they were filed, generally, so it is fair to all. Most who file now are truly in desperate need, for one reason or another. The true "dire need" case is called a "TERI" case. It is perhaps most easily understood from the following example: The SSA may expedite a claim when a person has a critical medical condition that will cause death if an SSA decision is not issued fast (e.g., where insurance is needed for a medical procedure, and the SSA claim would provide such relief). Often, it is necessary for your treating doctor to put this fact into a written statement for the SSA to act.
At Milam Law, our Social Security disability attorneys can provide the help you need. We can draft a Social Security dire need or TERI memorandum where we will describe your circumstances and press for an early review of your case. We will also argue that your case should be expedited where there is a basis to do so (e.g., the pending loss of a home, etc.). SSDI and SSI claims are all that we do, and we have done it for decades. We know how difficult life can be for those who are out of work, due to a disability, and work hard to get the benefits they deserve.
Sacramento SSD Dire Need Claim Attorneys
Sometimes, the options can seem to be few, if you are disabled, but have yet to receive any SSD benefits. We have seen clients borrow money. We have seen clients sell their homes and move in with relatives. We have, unfortunately, seen homes lost and marriages end due to the financial and emotional challenges that these situations can cause.
Don't face this situation alone. Make sure that you have an experienced advocate on your side to help you with your claim and, if available, file a dire needs claim. Keep your case moving as fast as possible, and help catch the SSA if it accidentally misplaces your file, loses it or otherwise gets off track in handling your case in a timely fashion. Lost cases and such things happen. Perhaps at least once each year the SSA has lost a claim folder, and we have to help reconstruct it, though the advent of the computer file will help prevent that more and more, we believe.


Sacramento Parental Fatality Attorneys
After being disabled and unable to return to work, one of the biggest concerns that our clients have is how they will support their family members. Fortunately, under the program of Social Security Disability Insurance, benefits can be paid out to qualified family members of disabled individuals. It is crucial, if you are disabled, that you seek as much as possible to protect yourself and your family.
At Milam Law, in California's Central Valley, our attorneys recognize the importance of getting benefits to support both you and your family. Our firm does nothing but Social Security Disability Insurance Benefits (SSDIB) claims, and we can help you file your claim with ease. Our lawyers have decades of experience handling SSD and Supplemental Security Income (SSI) claims, and can help you apply for the full amount that your family deserves. However, if you already have won a Social Security claim, we do not handle any problems that may arise in getting such family benefits — although, Social Security may be able to help you with this type of situation.
Information on this website is provided as a service of Milam Law. Contact us regarding Social Security disability claims and denials.
Fresno Family SSD Benefits Lawyers
Family members of individuals who are disabled may receive a monthly check for up to 50 percent of that disabled individual's monthly benefits. Family member benefits do not reduce the amount that is paid out to the disabled individual.
In order to be eligible for disability benefits, a family member must be a spouse or an unmarried child who qualifies under all criteria.
Contact Our Firm to Schedule an Appointment
At Milam Law, we offer free, initial consultations. For more information about benefits for family members in disability claims, contact us at one of our offices in Fresno, Sacramento or Modesto — if you have not already won your disability claim or have never filed one. Schedule an appointment by calling us toll free at 877-592-1475.