Being unable to work for a prolonged period of time due to illness or injury can quickly develop into a financial crisis once your sick leave and other benefits run out. Unable to work, you can burn through your savings as you struggle to pay bills and take care of your family. Sadly, this situation is all too common for workers across the country, federal employees included. Fortunately, you can file a claim for disability benefits that can save you from financial disaster. Most workers, including federal employees, may qualify for Social Security disability benefits under the Social Security Administration website, but the process can be challenging. If you are unable to work, a Washington DC Social Security disability lawyer can help you understand your options and help you get the benefits you qualify for. 

Social Security Disability Eligibility Requirements In Washington DC 

Applying for benefits through Social Security can be a challenging process. The first step is determining whether you are eligible for disability benefits under the program’s requirements. In order to receive your benefits you will need to meet the following qualifications: 

1. You must be an employee or self-employed and have paid payroll taxes for 5 out of the last 10 years.
2. You must not be working and making over $1,550 per month before taxes and deductions.
3. You must be disabled due to illness or injury that:
   • Is expected to last 12 months or more, and
   • Keeps you from working in your past relevant work, and
   • Keeps you from working in any other job in the national economy that your vocational profile allows.
4. Your disability is not caused by drug and/or alcohol abuse (DAA).

Many of these requirements are relatively straightforward, while others, such as the anticipated length of your disability, can be quite complex. It’s easy to become quickly overwhelmed. It is particularly difficult to get medical records or supportive letters due to how overwhelmed most doctors are. A Washington DC Social Security disability lawyer can contact your doctor in the most expeditious way in order to complete your Social Security disability application. 

Applying for Social Security Disability Benefits

In order to receive your benefits, you will need to submit an application to the Social Security Administration website, Numerous forms will need to be completed, and documentation will need to be submitted. Failure to submit the proper documentation or submitting an incomplete application or inaccurate application could result in your claim being denied. 

The most important element will be your medical records concerning your disability in terms of documentation. They will need to explain in detail how your illness or injury has led to your disability and how it specifically limits your ability to do your job. Your medical records will also need to clearly document that your disability will either last for more than 12 months or is permanent. Your documentation must include objective findings such as test results and medical opinions and subjective evidence such as reports detailing your pain and how it affects your daily life. The FERS disability lawyers at the Law Office of Emmett B. Irwin can contact your doctors to get the correct medical information so that your claim is approved. 

The forms that must be completed can feel onerous. Depending on your particular case, there may be several forms to be submitted. Many applicants who start the process find it hopelessly confusing and overwhelming. One of the most valuable services a Washington, DC, Social Security disability lawyer provides is assisting you with the application process. They can help you gather the documentation you need and ensure it clearly demonstrates your disability. In addition, they have the knowledge and experience necessary to complete all of the required paperwork so that your claim is processed and approved as quickly as possible. 

How Your Medical Records Impact Your Claim

In most cases, the success of your application hinges on your medical records. Even though your doctor may provide very thorough records, many doctors are unfamiliar with the Social Security disability process. As a result, your records may contain all pertinent information, but your doctor did not draw out the necessary conclusion and highlight them for review. As mentioned above, your medical records need to demonstrate: 

1. How your illness or injury caused your disability; 
2. The extent of your disability and how it impacts your ability to do your job; 
3. That your disability will last at least 12 months. 
4. Possibly many others, depending on the unique characteristics of your case.

A Social Security disability lawyer will know what the SSA will look for when reviewing your application. New conditions like Postural Tachycardia Syndrome (POTS) can even be confusing to most doctors! Law offices of Emmett B. Irwin lawyers have experience working with this condition and almost every other condition due to our decades of experience. They commonly work with doctors in specialty clinics at the best hospitals in the world and know how to communicate with them in order to prove your case. However, the doctors themselves have no time to complete your paperwork. A Washington DC Social Security Disability lawyer can ensure that your medical records are complete and accurate in order to support your need for disability benefits. 

Calculating Your Social Security Disability Benefits

Determining how much your benefits should be under Social Security Disability is a complex calculation. Generally speaking, SSDI will pay between 20% and 50% of your salary for the rest of your life. However, the specific amount you will receive will depend on several factors, including your age and years of service.  

The amount of SSDI benefits you receive will be calculated based on your high 35 years’ average salary. The SSA will look to your highest thirty-five years of salary. For those who have not worked for thirty-five or more years, the SSA may consider just your years of employment. Your average will then be used to calculate what percentage of your salary should be awarded in benefits. 

Various other factors, depending on your age and other details, make the calculation complex. But as difficult as this calculation can be, it is critical to estimate the amount you are entitled to at the outset.  A knowledgeable Washington DC Social Security disability lawyer can calculate the amount you are entitled to so that you know what to expect. 

You Have Rights if Your Application is Denied in Washington DC 

Applications for SSDI disability benefits are sometimes denied. If you filed your application on your own and it was denied, you need to take immediate action to protect your rights. Under the law, your appeal rights are as follows if your application is denied: 

• You have the right to file for reconsideration within 60 days of when you receive the denial. As part of this process, you are given an automatic extra 5 days due to mailing time, making the deadline 65 days from the date of the notice.
• If your reconsideration is denied, you then have the right to appeal your application to the Office of Administrative Hearings to be heard by an administrative law judge. Your appeal must be filed within 60 days of when you receive the denial of your reconsideration, with 5 days assumed for mailing. Click here for the most recent judges’ stats in Washington DC.
• If the administrative law judge denies your application, you can then appeal to the Appeals Council, who will review your application and the judge’s decision. You must file your appeal within 60 days of when you receive the judge’s decision, and again, 5 extra days are assumed for mailing.

It is important to note that you should not rely upon your right of appeal. In other words, the best strategy is to submit an accurate and complete application at the outset. 

While working with an attorney makes it more likely that your application will be approved, there are no guarantees. Nevertheless, a Washington DC Social Security disability lawyer who has experience in handling appeals can help you take whatever steps are necessary to get the benefits you deserve. 

A Washington DC Social Security Disability Lawyer Answering Your Questions

When you start the SSDI disability application process, it’s common to feel like there are more questions than answers. This is natural, the benefits themselves are complex, and they are administered through a complicated government process. A Washington DC Social Security disability lawyer who has extensive experience in handling SSDI disability claims can answer your questions and guide you through the process step-by-step. 

Does the injury or illness that caused my disability need to be work-related? 

You do not need to have been injured on the job or suffered a work-related illness to qualify for SSDI disability benefits. Disability benefits are often confused with workers comp benefits, which do require that your injury or illness be work-related. 

Do Social Security disability benefits cover pre-existing conditions? 

Assuming you were able to work despite your condition, Social Security disability benefits should cover any pre-existing medical condition that has now caused you to be disabled. For example, let’s assume that you had a heart condition prior to starting your job with the federal government. Your condition was controlled with medication, and you were able to perform your job without issue. After several years, however, your condition worsened, leaving you unable to perform your job. In this situation, you would likely qualify for SSDI disability benefits. That said, cases involving pre-existing conditions can be complicated, so you may want to consider discussing your case with a Washington DC Social Security disability lawyer before filing. 

I was reassigned to another position with fewer hours and lower pay. Can I still file for Social Security disability benefits even though I’m still working? 

You can still file for Social Security disability so long as you are no longer able to work at or above “Substantial Gainful Activity” (SGA), which is generally defined as making $1,550 per month or more (gross pay). A “light duty” assignment does not necessarily disqualify you from receiving Social Security disability benefits. 

Can I get a part-time job to supplement my income while I’m receiving Social Security disability benefits?

You can pursue a job in order to supplement the benefits you are receiving, as long as you make less than SGA (see above).

Can I receive both SSDI and FERS disability benefits if I’m a government employee?

You can receive both SSDI and FERS disability benefits, but note that your FERS disability benefits will be offset by the amount of SSDI benefits you receive. 

Who pays the legal fees when pursuing a Social Security disability claim?

For both SSI and SSDI claims, the attorney’s fees are deducted from the benefits award. The fee is 25% of past-due benefits with a cap of $7,200. Disregard the next paragraph unless you are also filing a FERS claim as a federal employee.

If you are a government employee then the applicant usually pays the legal fees associated with a FERS federal disability retirement claim in advance. As a result, it is vital that you discuss the lawyer’s fee structure before hiring them to help with your claim. Some lawyers bill for their services, some bill per task, and some bill to handle your claim on a flat-fee basis. Do not be afraid to ask about how the legal fees will be billed at your initial consultation with a Washington DC FERS disability lawyer. 

Need Help Navigating the Social Security Disability System? Contact a Washington DC Social Security Disability Lawyer Emmett B. Irwin Today

We understand the challenges and stresses you face when you can’t work. We strive to handle the heavy lifting so you can focus on the things that are most important. From helping gather your documentation to arguing your case on appeal and everything in between, we work with you every step of the way until they get the benefits you deserve. To schedule a free consultation, contact us to discuss your case.  

Our Bethesda Office Location

Our Bethesda office is located in the heart of downtown Bethesda, at 4405 East-West Highway, Suite 201 – less than a five-minute walk from the Bethesda metro station and nine stops from downtown Washington D.C. We are near the National Institutes of Health, Walter Reed National Military Medical Center, the Naval Medical Research Center, The Department of Energy, and various other federal agencies in Montgomery County and the District of Columbia. As a result, we are uniquely positioned to assist veterans, federal employees, and private citizens in the greater Washington, D.C., area who cannot work due to disability. If you are in the D.C. area, a Social Security disability attorney from the Law Offices of Emmett B. Irwin can help you get the benefits you need.