Willmar, Minnesota Social Security Disability Attorneys Explain Benefit Laws for Disabled Americans

Serving Central Minnesota since 1892

Anderson Larson is a general practice firm dedicated to providing quality legal services while keeping your costs down. Our experienced disability attorneys in Willmar, MN are ready to help you take your application to the next level.

What is the difference between SSD and SSI?

Social Security disability (SSD) insurance benefits are available to disabled workers who paid Social Security taxes, which is sometimes referred to as having paid into the system. Monthly SSD benefits are based on the Social Security earnings record of the insured worker.

Supplemental Security Income (SSI) is for disabled people who have limited income and resources. Monthly SSI benefits are based on need and vary up to the maximum federal benefit rate.

What disabilities are covered by Social Security disability benefits?

The Social Security Administration has some restrictions for determining who is considered disabled, and its decisions are based on a list of criteria. Your preliminary basis for disabled status can include any of these reasons:

  • You are not working or you have earned less than the earnings limit.
  • Your disability is so severe that you cannot do basic work activities such as walking, standing or remembering.
  • You disability has lasted or is expected to last at least a year or to result in death.
  • You cannot do the work you did before you became disabled.
  • Your disability prevents you from doing other work.

Social Security disability insurance benefits are not available for partial or short-term disabilities. If you are trying to establish disability status, the assistance of an injury attorney could help you secure your claim.

When can a claim be denied?

A claim may be denied when the Social Security Administration does not recognize your impairment as a disability. Other reasons include:

  • Your impairment is not expected to last at least 12 months.
  • Your impairment is not considered severe.
  • You are able to perform your usual type of work.
  • You are able to perform another type of work.
  • You have an impairment resulting from drug addiction or alcoholism.
  • You provided insufficient medical records.
  • You failed to cooperate or to follow a prescribed treatment, or you decided not to continue pursuing your claim.
  • You returned to substantial work before your claim could be approved.

If you have been denied disability, be aware of the time limits for requesting review. Discuss your case with an experienced law firm before the time to file an appeal runs out.

How can I appeal a denied claim?

To appeal a denied claim, you must make your request in writing within 60 days of receiving the notice of the denied claim. It is assumed that the letter takes five days to reach its destination, so you technically have 65 days from the date stamped on the letter.

Typically, there are four levels of appeals:

  • Reconsideration
  • Hearing before an administrative law judge
  • Review by the Appeals Council
  • Federal court review

Call a Willmar, MN disability firm to discuss your case

Anderson Larson has multiple lawyers in each practice field working together to ensure that every client is given the necessary personal attention. We are located right across the street from Rice Memorial Hospital, with on-street parking and convenient public transportation nearby. Call 320-235-4313 or contact us online for an appointment.