Serving South Georgia Since 1974
Social Security
Social Security Disability is the part of the Social Security Program that provides disability insurance benefits to wage earners who become totally disabled to perform any work activity as a result of a medical impairment.
In order to qualify for social security disability a disabled worker must have worked long enough and paid in enough social security taxes. As a general rule, a worker must have worked within the last five years in order to have paid in enough social security taxes to qualify for the program. However, if you have not worked consistently, or have not worked at all you may qualify for Supplemental Security income which covers individuals who are disabled but have not paid in enough social security taxes to qualify for social security disability.
To be eligible, an applicant for social security disability benefits must establish that he or she is completely unable to perform any work within the national economy as a result of a medical impairment.
The standard for medical disability is a high standard and is often difficult to meet. Social Security does not consider whether a particular employer has turned you down for a job. It will not consider the fact that employers in your particular region are not hiring for the type of work you are accustomed to doing.
After filing an initial application for disability benefits, a division of the Georgia Department of Labor, the Disability Adjudication Section, decides your case. Unfortunately, applicants for social security disability are subjected to a long and protracted bureaucratic appeals process. Many social security disability claims take over a year to resolve. This occurs whether they are legitimate or not.
In Georgia, studies have shown that approximately 67% of initial applications are denied. An applicant then can file another appeal, a request for reconsideration. Approximately 85% of these appeals are denied. Denials are usually based upon the supposed lack of medical disability.
After the reconsideration phase, an applicant can file for a hearing before an Administrative Law Judge. The file is then transferred to the Office of Adjudication and Review. An Administrative Law Judge will conduct a face-to-face hearing with the applicant and give the applicant a thorough review of his or her case. The Administrative Law Judge will write a detailed decision with a well-reasoned analysis of the facts and assessment of the credibility of the claimant. Approximately 60% of the claims that are appealed from the state agency are then reversed on appeal.
The hearing before the administrative law judge is critical for the social security disability applicant. If the case is denied at that level, months, and often years of appeals will follow.
Social Security's rules and regulations for deciding disability are extremely complex and the factors applied in assessing credibility are full of nuances. You must have patience and be willing to persevere. Most applicants are well advised to have counsel with them at the hearing to assist in the presentation of their case. It is vitally important the counsel have the necessary experience and knowledge of Social Security law and procedures.
Keith Pflepsen of Woodall and Pflepsen P.C. handles Social Security Disability cases, and has fifteen years experience at all levels of the disability claims process, including administrative and Federal Court Appeals.
