Greenville Social Security Disability Attorney

Greenville Social Security Disability Attorney

Doug Mann

Last updated on January 30th, 2025

Facing a disability can be overwhelming, especially when it affects your ability to work and provide for yourself or your family. Fortunately, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) exist to support those who are unable to work due to serious medical conditions. 

However, the process of applying for the Social Security Administration (SSA) may not be easy as many deserving individuals are initially denied benefits. The best idea is to work with a Greenville Social Security disability attorney who becomes your advocate in the face of unnecessary delays or denials. An attorney from Dyer, Garofalo, Mann & Schultz will evaluate your case carefully and advise you accordingly. 

Which Disability Program Should I Apply For?

Choosing the right Social Security disability program depends on your individual circumstances, including your work history and financial situation. The SSA offers two primary programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

Social Security Disability Insurance (SSDI)

SSDI is designed for individuals who have worked and paid into Social Security through payroll taxes over a certain number of years. To qualify, you need sufficient “work credits,” which are earned based on your income and the duration of your work history. Generally, you must earn a total of 40 work credits, with at least 20 obtained within the last 10 years. 

This program is intended for those with a solid employment history who are now unable to work due to a disability. To find out how many work credits you have, you can create an account at www.ssa.gov or call your local Social Security office.

Supplemental Security Income (SSI)

On the other hand, SSI is a needs-based program for individuals with limited income and resources. It is designed to help disabled individuals who may not have a long work history or have not paid enough into Social Security to qualify for SSDI. 

If you’re married, the SSA counts your spouse’s income as yours. This program is usually for people whose asset value falls under $2,000 or for married couples living together with assets under $3,000. Under the program, even children with disabilities may qualify for SSI based on financial need rather than work history.

It is very important to understand the differences between SSDI and SSI when applying for your Social Security benefits. We recommend that you consult with a Greenville disability lawyer to help you identify which program you should apply for based on your specific situation.

What Can Help Me Qualify?

To qualify for Social Security disability benefits, the SSA evaluates whether your condition prevents you from engaging in “substantial gainful activity” (SGA). The SSA defines this as the capability to earn roughly $1,470 per month before taxes, or $2,460 gross if you are blind.

This means that your disability must significantly limit your ability to work. Also, the condition must either last for at least 12 months or be expected to result in death. Beyond that, there are a few key factors that can help you qualify:

• For SSDI, you must have earned 40 work credits by paying into Social Security through employment, 20 of which were earned within the past 10 years before the disability was discovered. Generally, the longer you’ve worked, the more likely you are to meet this requirement.
• Your condition must be severe enough to prevent you from doing any work, not just the job you held previously. The SSA will assess whether your condition limits your ability to do other types of work, given your age, education, and skills. Basically, you need to have a total disability as opposed to short-term or partial disabilities.
• You must be 65 or younger to receive SSDI. At the retirement age, you will automatically switch to Social Security retirement payments, regardless of your assets or income. 

The SSA’s conditions for qualification can be challenging to understand on your own. That is why working with an attorney is important. If you engage us, we will ensure that every necessary detail is provided and that your application meets the SSA’s stringent criteria.

Which Conditions Are Covered?

The SSA maintains a detailed listing of impairments, often referred to as the “Blue Book,” which outlines the medical conditions that automatically qualify for disability benefits if they meet certain criteria. While not every disability is explicitly listed, conditions from a wide range of categories are covered. Some of the most common include:

• Musculoskeletal disorders. Conditions like arthritis, back injuries, and degenerative disc disease affect movement and mobility.
• Neurological disorders. This includes conditions such as epilepsy, multiple sclerosis, Parkinson’s disease, and traumatic brain injuries.
• Respiratory disorders. Chronic conditions like COPD, asthma, and lung disease impair breathing and stamina.
• Cardiovascular conditions. Including chronic heart failure, coronary artery disease, and arrhythmias that impact your heart’s ability to function properly.
• Mental disorders. Conditions such as depression, anxiety, bipolar disorder, and schizophrenia that affect cognitive function and social interaction.
• Cancer. Advanced forms of cancer, particularly those requiring prolonged treatment or that are terminal.

Even if your specific condition isn’t listed in the Blue Book, you may still qualify for benefits if your medical impairment is considered severe enough to prevent you from working. An attorney can help determine if your condition meets the necessary qualifications.

How Can I Prove My Medical Condition?

Proving that you have a qualifying medical condition is one of the most important aspects of a successful Social Security disability claim. The SSA will want to see clear, consistent, and comprehensive medical evidence that supports your inability to work due to your condition. Here are a few key steps to proving your medical condition:

• Complete medical records. Make sure you have thorough medical records, including doctors’ notes, hospital records, test results (such as X-rays, MRIs, or blood tests), and details of any surgeries or treatments you’ve undergone. Consistent documentation from healthcare professionals is critical.
• Regular treatment. Demonstrating that you are receiving regular treatment for your condition strengthens your claim. The SSA will review how long you’ve been under medical care and whether you are following treatment recommendations.
• Specialist reports. Obtaining medical opinions from specialists who are familiar with your condition can be very helpful. For example, a cardiologist’s report will carry more weight for a heart condition than a general physician’s note.
• Residual functional capacity (RFC) form. This form, often filled out by your doctor, outlines your physical or mental limitations and how they affect your ability to perform work-related activities. This can be a powerful piece of evidence in proving your disability.
• Testimony from family and friends. In some cases, statements from those who see how your condition impacts your daily life can also support your claim, though these should be used in conjunction with medical evidence.

Make sure to work with a Social Security disability attorney to help ensure your medical documentation is thorough, organized, and tailored to meet the SSA’s requirements. This will likely give you the best possible chance of approval.

What’s the Process of Appealing a Denial in a Disability Claim?

It’s not uncommon for Social Security disability claims to be denied the first time around. If this happens to you, there is a formal appeals process that can help you get the benefits you need. This includes the following steps:

• Reconsideration. After a denial, you have 60 days to request a reconsideration, where a new examiner will review your application and any additional evidence. This is your chance to correct any mistakes or submit more documentation.
• Hearing before an administrative law judge (ALJ).  If your reconsideration is denied, you can request a hearing in front of an ALJ. This is one of the most important stages in the process. During the hearing, you (or your lawyer) can present evidence, call witnesses, and explain your condition in detail. An ALJ will make an independent decision based on the information presented.
• Appeals Council review. If the ALJ denies your claim, you can appeal to the Social Security Appeals Council. They will either review your case or send it back to the ALJ for further consideration.
• Federal court. If the Appeals Council denies your claim, you can take your case to federal district court as a final step. This is a more formal and lengthy process but can be effective in certain situations.

Each stage of the appeals process requires careful attention to detail and timely submission of documents. Your disability attorney will support you through each phase, gathering new evidence and arguing on your behalf to bolster your claims.

Contact a Greenville Social Security Disability Attorney

Applying for Social Security disability benefits can be a frustrating and overwhelming experience, especially if you’re dealing with the challenges of a serious medical condition. Luckily, our Greenville Social Security disability lawyers at Contact Dyer, Garofalo, Mann & Schultz have experience dealing with Social Security cases and can support you through the process. Whether you qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), our attorneys are ready to help you obtain your deserved benefits. 

Contact us today to schedule a consultation and begin the process of securing the benefits you deserve.