Get All the SSD Benefits You Deserve.
If you are unable to work because of a disability, Social Security Disability (SSD) benefits could provide you and your family with the means you need to survive if you are eligible. The knowledgeable SSD attorneys at Kraft & Associates, Attorneys at Law, P.C., help disabled clients obtain the disability benefits they are entitled to receive.
Our firm can help to determine if you are entitled to benefits, assist you with your application, protect your rights, and provide sound legal advice throughout the claim process. If your initial application has been denied, don’t give up. Many valid claims are denied at first, and our lawyers can help with the appeals process.
Our experienced Dallas SSD lawyers handle claims on a contingency fee basis, meaning you don’t pay unless we recover money for you. Our Dallas SSD attorneys will work hard for you, call us today at (214) 999-9999 for a free case review!
What Can Social Security Lawyers Do For Me?
At Kraft & Associates, Attorneys at Law, P.C., we prefer to be called in on a social security disability claim right at the beginning so that we can advise you and help to protect your rights throughout the social security process. We can assist you at both the initial application stage and at the reconsideration stage, as well as at your formal hearing with the Administrative Law Judge.
At our law firm, we will be pleased to assist you with any questions you have regarding social security disability. Our law firm also represents people who have personal injury claims, including automobile collisions, premises liability claims, and more. If we cannot help you, we will attempt to refer you to an attorney or an agency that can help you.
Do I Qualify for Dallas SSD Benefits?
If you have worked and paid social security taxes in Dallas, Texas for five of the last ten years, and you are now totally disabled due to an illness or injury, you may qualify for social security disability benefits. Understanding when to talk with your Dallas social security disability attorney is important and Kraft & Associates, Attorneys at Law, P.C., are experienced in finding ways to get your benefits.
In most cases, you must prove to the Social Security Administration that you cannot perform your former job or any other type of work in the present economy and that your disabling condition will last 12 months or longer.
Applying for SSD Benefits in Texas in 3 Steps
What Dallas SSD Benefits Will I Receive?
The amount you receive in disability benefits depends on how much money you made when you worked. Benefits can range between $300 a month to over $2000 a month. These benefits will be calculated by the Social Security Administration, and they are based on your income and your contributions to social security. Your benefits can be affected by any workers’ compensation payments you receive. Please be advised that there is a five-month waiting period for SSD benefits.
Our law firm will verify that the monthly amount of benefits and the beginning date of your benefits are correct.
For Example:
- You were found to be totally disabled as of August 5, 2011, by the Administrative Law Judge.
- Your claim was decided favorably on July 15, 2012.
- Your award was for $1,000 in benefits per month.
- Disability benefits for eleven months, minus the five-month waiting period, equals six months benefits now due.
- Your back benefits total $6,000. ($1,000 X 6 months)
Remember the Rules About SSD Claims…
Each claim is different and this page is not enough to explain everything involved in an SSD case. There are some simple rules to follow:
- Always tell the truth.
- Never exaggerate your medical problems, but never minimize them either.
- Provide all relevant details and specific examples but don’t ramble in your testimony.
- Continue to see your own doctor on a regular basis throughout your claim. Long periods of time with no medical treatment could be used as evidence that you were not disabled during that time. If you do not have a doctor, you can probably receive treatment at a county hospital such as Parkland in Dallas county or John Peter Smith in Tarrant county.
- Don’t worry. Your attorney will be there to help you if you forget something or don’t bring out the necessary details at your administrative hearing.
Frequently Asked Questions (FAQ) for Dallas SSD Benefits & Claims
Do I Need an Attorney to Apply for SDD Benefits?
You can file a claim on your own, but working with an attorney can increase your chances of success. We recommend that you retain an attorney to review your application before you file it. Saying the wrong thing – or the right thing in the wrong way – in your application could permanently affect your chances of receiving benefits. If you have already filed an application and your claim was denied, our knowledgeable Social Security Disability Lawyers in Dallas can still help you obtain benefits through the appeals process.
What Are Compassionate Allowances?
The Social Security Administration (SSA) has an obligation to speed up the application process for people with medical conditions that are so serious that they obviously meet the SSD disability requirements. Compassionate Allowances (CAL) are SSA’s list of diseases and conditions that obviously meet disability requirements based on quickly obtainable objective medical information. If an applicant’s condition is on the CAL list, the SSA application and approval process for SSD benefits should go more quickly.
What is the Difference Between SSDI and SSI Benefits?
- Social Security Disability Insurance (SSD or SSDI): This program is for disabled people who have worked and paid into the Social Security system, and their surviving disabled spouse and children. Disabled individuals who do not meet the work history requirements are not eligible for benefits under SSD. This program is not means-tested.
- Supplemental Security Income (SSI): These benefits are available to disabled people who have not worked and paid into the Social Security system. Eligibility is based on need alone, and eligibility depends on the applicant’s income and assets. Disability requirements for SSI are the same as for SSD.
Can I Work and Receive Social Security Disability Benefits?
The purpose of SSD benefits is to help people who are disabled and unable to work. If you can hold a job, it could affect your eligibility for benefits. If you are in the process of applying for benefits, you could be disqualified if you are working.
Only those who are unable to engage in “substantial gainful activity” (SGA) may receive SSD benefits. Except for those individuals who are legally blind, the SGA level as of 2015 is $1,090 per month. During the application process, anyone who earns more than $1,090 per month is not qualified to receive SSD benefits. Different rules apply for someone who is already receiving benefits.
Am I Eligible to Receive Social Security Disability Benefits in Dallas, Texas?
If you have worked and paid into the Social Security system for the required period, and if you are now totally disabled and unable to work because of an injury or an illness, you may be eligible for SSD benefits. In order to receive benefits, you will need show the Social Security Administration (SSA) that you are truly disabled and cannot perform the work you did before or any other type of work, and that you will continue to be disabled for 12 months or more or your condition is expected to result in death.
How Much Does a Social Security Disability Lawyer Cost in Texas?
Most Social Security Disability lawyers in Texas, including those at Kraft & Associates, Attorneys at Law, P.C., work on a contingency fee basis. That means you don’t pay anything upfront, and you only owe legal fees if your lawyer helps you get the benefits you are due. The fee usually comes from those back benefits, not your monthly checks going forward.
The SSA sets a limit on how much Social Security Disability lawyers can cost to hire. That limit is 25 percent of your past-due benefits, up to a maximum limit that changes periodically. The SSA must approve the fee before your lawyer gets paid as a way to protect you from unfair costs.
At Kraft & Associates, Attorneys at Law, P.C., we believe every client deserves strong support at a fair cost. You can trust us to handle your case with skill, compassion, and professionalism.
What Is the 5-Year Rule for Social Security Disability?
In some cases, the Social Security Disability five-year rule refers to the requirement to qualify for disability benefits. You must have worked and paid social security taxes for at least five of the last ten years to be eligible.
The five-year rule also refers to something called expedited reinstatement (EXR). This rule helps some people qualify for benefits more easily if they have collected benefits in the past. If you previously received Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and stopped getting it because you returned to work, this rule might let you restart your benefits without filing a brand-new claim. You can receive benefits for six months while the SSA determines if you qualify again.
To qualify, you have to meet the following requirements:
- You must have previously received benefits but stopped getting them because of earnings from work.
- Your disability must match or relate to the one that qualified you before.
- You must show that your condition keeps you from doing substantial work.
- You must make the request within five years from the month your benefits ended.
Kraft & Associates, Attorneys at Law, P.C. can help you determine whether the five-year rule applies to your situation. We understand the rules and know how to use them in real-life situations.
What Are the Ways I Could Lose My Social Security Disability?
You could lose Social Security Disability benefits if the SSA determines that you no longer qualify. There are several reasons that may happen, including:
- Medical improvement – If your condition gets better and the SSA thinks you can go back to work full-time, it might stop your benefits.
- Earning more than the allowed limit – If your earnings exceed the limit for too long, the SSA might end your payments.
- Lack of cooperation – If you fail to respond to SSA notices, attend medical exams, or give required updates, your benefits could stop.
Kraft & Associates, Attorneys at Law, P.C. helps people in Dallas avoid common mistakes when applying for or receiving Social Security benefits. When you work with us, you get a team that’s experienced, approachable, and ready to fight for you to keep the benefits you deserve.
How Do I Know If My SSD Is Permanent?
One of the most common questions we receive from our clients is, “Is my Social Security Disability permanent?” Even if you are currently receiving benefits, it’s worth noting that the SSA does not label any benefits award as “permanent.” Instead, the SSA reviews each case from time to time to check if the person still qualifies.
When you initially get approved, the SSA will tell you when you can expect your first review. The frequency of its review will depend on how likely your condition is to improve:
- Improvement is expected – Within about 6 to 18 months
- Improvement is possible – About every 3 years
- Improvement is not expected – About every 7 years
If your condition stays the same or gets worse, your benefits should continue without any problems. However, if the SSA finds that you can go back to work, it might decide to end your benefits.
You could also age out of SSD once you qualify for retirement benefits. When you reach full retirement age, your SSD benefits usually switch to Social Security retirement. You don’t need to reapply or make any changes to receive these benefits.
At Kraft & Associates, Attorneys at Law, P.C., we can look at your case, help you prepare for reviews, and explain what to expect as your situation changes.
What Other Benefits Can I Get With SSD?
If you receive Social Security Disability benefits, you could also qualify for other resources. These benefits can help you manage daily costs and get access to the care and services you need. Some potential other benefits with SSDI or SSI include:
- Healthcare – If you receive SSDI, you usually qualify for Medicare after two years. With SSI, you could qualify for Medicaid. Medicare and Medicaid can help you pay for doctor’s visits, hospital stays, and medicine.
- Financial aid – You might also qualify for assistance with food, housing, or utility costs. For instance, the Supplemental Nutrition Assistance Program (SNAP), also known as food stamps, could help you pay for groceries if you meet certain income limits.
- Child benefits – If you have children, they could qualify for monthly payments based on your SSD. These payments can help your kids cover basic needs and health insurance costs.
Kraft & Associates, Attorneys at Law, P.C. is here to help you understand all your options. Our staff will work closely with you to explain what benefits you might qualify for beyond SSD. We want you to get every available resource to support your health and financial stability.
Sources:
- IRS: Social Security and Equivalent Railroad Retirement Benefits
- Social Security Administration: Compassionate Allowances