Best Disability Attorneys in Metairie, LA

The process of applying for social security disability benefits begins by filing an application. Most people are turned down at the first step called the initial level and also at the second step called the reconsideration level. The next step is a hearing with an Administrative Law Judge. If the Administrative Law Judge denies the case, an appeal may be taken to the Appeals Council, which is still within the Social Security Administration. Sometimes a case may even be appealed to Federal Court.

Yes, critically important. In the process of determining whether a person is disabled an Administrative Law Judge looks at the medical records. Anything that is medically wrong with the person which keeps that person from working but is not in the current medical records, a Judge will not usually consider. For example, if a person testifies at the hearing that they have back pain but there are little to no current records about a back problem, the Judge will most likely ignore it.

No. A claimant for social security disability benefits can consult with and hire an attorney at any time in the process, including before the application.

Usually not. However, occasionally someone getting SSI may become eligible for SSDI if they have some income while receiving benefits, such that they now have 20 out of the last 40 quarters paid.

Usually not because the two offset. If a person is getting SSDI, they usually cannot get SSI. An exception is if the SSDI amount is less than the SSI amount. For example, if the SSI amount is $794 and the person is only eligible for $500 in SSDI, then the person can get the difference in SSI up to the SSI amount.