Social Security Disability Benefits in El Paso
Have you worked hard your entire adult life only to find yourself now disabled and unable to do the things you used to do? Did you apply for Social Security disability benefits only to receive a crushing denial? If so, you need an El Paso Social Security attorney to guide you through the labyrinth of disability laws and regulations.
If you are seeking disability benefits in El Paso, let the experienced disability attorneys at Khattar Law, PC help. Our lawyers know every step of the process and can assist you in your initial application, appeal, and everything in between. Schedule a consultation today.
What Is The Difference Between SSI and SSDI
Both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are programs of the Social Security Administration to provide benefits to blind and disabled persons.
- SSDI. To qualify Social Security Disability Insurance an applicant must have worked and paid Federal Insurance Contributions Act (FICA) taxes in a requisite amount for a requisite amount of time.
- SSI. Participation in the Supplemental Security Income program is needs-based. To qualify applicants must demonstrate that they are elederly, blind, or disabled and have limited financial resources.
To discuss your circumstances and see if you qualify for either of these disability benefit programs, contact a disability attorney at Khattar Law, PC.
Texas State Supplementation for SSI
Federal Social Security law allows for states to provide SSI recipients with additional benefits. Texas only provides a supplemental state payment to SSI recipients in Medicaid-funded nursing and intermediate care facilities and certain developmentally-disabled persons with little to no income.
No similar state supplement exists for SSDI. If you think that you or a loved one may qualify for supplemental SSI benefits, talk to a lawyer in El Paso today.
How Are Monthly Payments Calculated?
Just as qualification for SSI and SSDI varies by program, so do the calculations of benefits.
- SSDI. The Social Security Administration calculates SSDI benefits by basing them on the amount of FICA taxes the applicant has previously paid. Benefits may be reduced if the applicant receives workers’ compensation or other public disability payments.
- SSI. To determine SSI benefits, the Social Security Administration subtracts applicant countable income from the Federal Benefit Rate (FBR).
If you have questions about calculating your disability benefit, contact an experienced Social Security disability attorney today.
Qualifying Disabilities
Any number of physical and mental conditions can lead to incapacity and disability. The Social Security Administration is generally trying to determine if your ailment or condition prevents you from gainful employment and is expected to last for at least 12 months or result in death. To this end, the SSA has promulgated listed medical conditions to determine medical eligibility.
However, for applicants that do not have a listed medical condition, SSA determines whether your impairment causes significant physical and cognitive limitations, leaving the applicant unable to work.
The listed medical conditions are contained in what is commonly referred to as the SSA “blue book”. Each listed medical condition in the blue book is accompanied by specific criteria such as symptoms, medical examinations, complications, and limitations that, if met, qualify an applicant as disabled. The blue book ailments are divided into the following categories:
- Musculoskeletal disorders;
- Special senses and speech;
- Agoraphobia;
- Lupus;
- Digestive system;
- Asthma;
- Skin disorders;
- Sleep Apnea;
- Anxiety;
- Neurological disorders;
- Mental disorders;
- Cancer
- Immune system disorders
If you or a family member is unable to work due to a disabling condition or ailment, you may be entitled to Social Security disability benefits. Contact one of our experienced disability lawyers today to discuss your case.
Social Security Disability Appeals in El Paso
With less than one in three applications receiving approval, many Social Security disability applicants are left with wondering whether to appeal their initial denial. An experienced Social Security benefits attorney can handle every step of your appeal.
Generally, most benefit application denials must be appealed within 60 days of receipt of your denial letter. Usually, the next step following an initial denial is reconsideration. As most requests for reconsideration are also denied, applicants then must request a hearing with an Administrative Law Judge (ALJ).
If this fails, there are also opportunities for an appeals council review and a judicial appeal in federal court. Before you take any steps with an appeal, talk to an experienced Social Security disability lawyer.
Contact An El Paso Social Security Disability Lawyer
The approval process for Social Security disability benefits is arduous. We understand. You don’t have to face all of the steps and hurdles alone.
Let one of the experienced disability law attorneys at Khattar Law, PC help. Call us today at (210) 985-7616 or fill out the online contact form.