South Dakota Social Security Disability Lawyers

Social Security Disability is a government program with the purpose of aiding persons who are unable to work due to a qualifying disability. Monthly benefits are offered to individuals to meet their basic needs when they are unable to engage in substantial gainful activity.

If you are unable to work because of a disability, you may be eligible to receive disability benefits from the federal Social Security Administration (SSA) in the form of Social Security Disability Insurance (SSDI). Determinations are made on an individual basis. There are several factors that are considered when reviewing eligibility, including:

• Work credits
• Medical eligibility
• Duration of disability
• Substantial gainful activity
• Age and work history

Yes. You can work while receiving Social Security Disability benefits. The Social Security Administration provides certain work incentives and programs. These are designed to evaluate your ability to work or transition back to work. These include:

• Trial Work Period
• Extended Period of Eligibility
• Substantial Gainful Activity threshold
• Continuing Disability Review
• Work Incentives

Yes. Reporting your work activity and earnings while receiving Social Security Disability is important. Failing to report may result in overpayment of benefits, which you will have to pay back. Other consequences can include:

• Penalties
• Loss of benefits
• Loss of future benefits

Many Social Security disability law firms provide Social Security disability representation on a contingency basis. A contingency fee agreement means that the lawyer will only be paid after you win your claim. Contingency fees for Social Security Disability Insurance (SSDI) cases must qualify under Social Security Administration (SSA) fee agreement guidelines.

Additionally, Social Security disability attorneys are only able to charge fees up to a maximum that is set by statute. This means that the lawyer should be able to tell you up front how much their services will cost based on your situation.

A Social Security disability lawyer may also offer a free consultation. A free initial consultation can help you find a Social Security disability lawyer that can represent you without having to spend anything out-of-pocket.

Social Security disability cases can be denied for several reasons. If the Social Security Administration (SSA) denies your claim, it may be because you did not earn enough work credits to qualify, do not qualify under an exception, or your medical condition is not considered disabling. However, an SSDI claim can be improperly denied for an injured worker because of clerical errors or the SSA employee made a mistake.

Can My Denied Disability Claim Be Reconsidered?

In general, you have 60 days to file a reconsideration if your claim is denied. The SSA should provide a specific reason for the denial. This can provide the information necessary to file a reconsideration. A Social Security disability lawyer can help you gather evidence in support of your claim, get a qualifying medical diagnosis, and file your reconsideration. If the reconsideration is also denied, you can request a hearing before an Administrative Law Judge (ALJ).

What Will Happen At My Social Security Disability Hearing?

You or your disability attorney can request a Social Security disability hearing before an Administrative Law Judge (ALJ). An appeal has to be requested within 60 days after you receive notice of the SSA decision. If your appeal is filed too late, your claim may be dismissed. Claimants have the right to legal representation during the hearing. The hearing may be in-person or through video teleconference.

Your Social Security disability lawyer can submit any additional evidence to the judge before the hearing. During the hearing, the judge may question the applicant, and ask to hear from witnesses and the applicant's doctors. You and your lawyer may also be able to question any witnesses and submit additional evidence. After the hearing, the judge will provide a written decision regarding your claim.