Wilmington Disability Lawyer

Wilmington Disability Lawyer

Doug Mann

Last updated on January 30th, 2025

If you become disabled before retirement, the Social Security Administration (SSA) can provide important financial support through its Social Security Disability Insurance (SSDI) program. However, the SSA’s application process can be challenging, especially when it comes to convincing them that you deserve SSDI benefits. Without legal assistance, your chances of receiving proper benefits may be significantly reduced.  

Instead of managing the SSA process on your own, a Wilmington Disability Lawyer at Dyer, Garofalo, Mann & Schultz can help. Our attorneys will guide you through the entire process, ensuring your application is thorough and compelling. If necessary, we’ll also handle appeals for claim rejections to ensure you receive the benefits you deserve.

What Are the Most Common Health Problems That Qualify for Disability?

For a health problem to qualify for Social Security disability benefits, it must be severe enough to prevent you from continuing the work you did before your diagnosis. The condition must also prevent you from transitioning into any other job or field, given your skills and experience. Lastly, the condition must be long-term or permanent. This means it should carry a terminal nature or is expected to last at least 12 months.

Here are some of the diseases or impairments considered eligible for disability benefits:

• Musculoskeletal disorders. These include back injuries, arthritis, degenerative disc disease, and joint problems that limit mobility or cause chronic pain, significantly impacting your ability to work.
• Cardiovascular conditions. Conditions like chronic heart failure, coronary artery disease, or arrhythmias may qualify if they severely limit your stamina or ability to perform physical tasks.
• Mental disorders. Severe anxiety, depression, schizophrenia, bipolar disorder, and other mental health conditions that impair cognitive function or social interaction may be eligible for disability benefits.
• Neurological disorders. Conditions such as multiple sclerosis, epilepsy, Parkinson’s disease, and traumatic brain injuries that affect brain function, coordination, and movement can qualify.
• Respiratory illnesses. Chronic obstructive pulmonary disease (COPD), asthma, and other lung diseases that cause chronic breathing issues can prevent you from performing physical tasks, making you eligible for SSDI benefits.
• Cancer: Advanced or aggressive forms of cancer, or those requiring prolonged treatment, can prevent individuals from maintaining regular employment, making them eligible for disability benefits.
• Immune system disorders. Conditions such as lupus, HIV/AIDS, and rheumatoid arthritis can severely impact physical function and overall health, qualifying individuals for disability assistance.
• Digestive disorders. Severe gastrointestinal disorders, like Crohn’s disease or liver disease, can impair your ability to work, especially when chronic and unmanageable by treatment.
• Endocrine disorders. Diabetes, especially when poorly controlled, can lead to severe complications like neuropathy, vision loss, or kidney failure. Thyroid conditions, such as hypothyroidism or hyperthyroidism, can also cause debilitating fatigue and cognitive issues.
• Sensory disorders. Impaired vision, including blindness or severe vision loss, and hearing loss can both qualify for disability if they prevent you from performing tasks necessary for employment.

Something worth noting is that each disability case is evaluated individually, as the Social Security Administration considers the specific severity and impact of the condition on your ability to work. In many instances, a combination of health issues can also qualify for disability benefits, even if a single condition alone might not be sufficient. For a clearer understanding of your eligibility, it’s advisable to consult with a disability lawyer in Wilmington, who can provide fairly accurate advice based on your unique circumstances.

How Do I Know if I Qualify for Benefits?

To determine if you qualify for Social Security Disability Insurance (SSDI) benefits, the Social Security Administration (SSA) evaluates several factors. Firstly, you must be disabled according to SSA criteria. This means you need to have a physical and/or mental condition that doesn’t allow you to carry out any substantial gainful activity (SGA).

Also, you must have worked long enough and recently enough, paying into Social Security taxes, to be insured for SSDI. You must have accumulated adequate “work credits” over the years you have been in employment before sustaining disability. The specific amount of wages or self-employment income required to earn one work credit adjusts every year. 

In 2024, you earn one credit for every $1,730 in earnings, with a maximum of four credits obtainable per year. To qualify for SSDI benefits, you must have accrued 40 work credits in total, with at least 20 of those earned within the 10 years leading up to your disability. However, the required number can vary a bit based on the age when an applicant becomes disabled. 

As seen, these calculations are tricky, so it’s highly advisable to talk to a Wilmington disability attorney about your SSDI qualifications. They will explain if your condition is on the SSA’s list of qualifying impairments, known as the “Blue Book,” and meets the outlined criteria for benefits.

Typical Process of a Disability Application

There are a few steps involved in the process of disability application. Here is what to expect:

• Initial application: You submit your application to the SSA, providing detailed information about your medical condition, work history, and how your disability impacts your ability to work.
• Medical documentation: You’ll need to provide comprehensive medical records from doctors, hospitals, and other healthcare providers that show the severity of your condition.
• SSA review: The SSA reviews your application to ensure you meet the basic eligibility requirements, such as work credits and severity of the impairment.
• Disability determination services (DDS) review: Your application is forwarded to the DDS, where medical and vocational experts will assess whether your condition meets their standards for disability.
• Decision: The SSA will either approve or deny your claim. The approval process can take several months. If denied, the letter will explain why.

What To Do if My Claim Has Been Denied?

Did you know that around two-thirds of SSDI benefits applicants have their claims denied initially? This means it’s very possible to get a denial, even if you have a qualified disability. However, if your claim is denied, you have options.

Note that you have 60 days from the date of denial to request a review of your case. This is your chance to provide any additional information or correct any errors in your initial application.

If reconsideration is still denied, you may request a hearing. An ALJ will review your case and allow you to present new evidence or bring witnesses to testify about your condition. 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 review.

If all previous appeal levels are denied, you may proceed to file a lawsuit in federal district court. Throughout the appeals process, your lawyer is instrumental in submitting additional medical evidence to improve your chances of success.

How a Wilmington Disability Lawyer Can Help Me?

A Wilmington Social Security disability lawyer offers professional assistance throughout the Social Security process. From the moment you decide to apply for disability benefits, a lawyer will work with you to ensure that your application is as strong as possible. This includes gathering comprehensive medical records, ensuring all forms are completed accurately, and clearly outlining how your disability impacts your ability to work. Our legal team is familiar with the system,  which means you can avoid mistakes that often lead to denials.

If your initial claim is denied, which is common for many applicants, a disability lawyer will review your case in detail, identify why the claim was rejected, and gather additional evidence if needed. We believe in our ability to navigate the legal process and communicate with medical professionals to ensure that your case is presented as strongly as possible.

Additionally, a Social Security disability lawyer in Wilmington offers peace of mind. When you engage us, we will handle all the processes while you focus on your health. Our aim is to improve your chances of approval so that you can obtain your rightful benefits.

Contact Dyer, Garofalo, Mann & Schultz today online or call 1.937.222.2222 for more information and a free consultation.

Other Locations We Serve:

• Social Security disability lawyer in Indiana
• Disability lawyers in Louisville, KY
• Social Security disability lawyer in Cincinnati
• Social Security disability attorney in Greenville
• Social Security disability lawyer in Columbus