Whether you need help preparing or filing your initial claim, appealing a denied claim, or litigating your case in court, you can count on us to provide the personal representation and commitment you deserve.
Atlanta Social Security Disability Lawyers
Social Security Disability Insurance in Fulton County, GA
Social Security Disability Insurance (SSDI) is a federal program funded by Social Security taxes and governed by the Social Security Administration (SSA). SSDI pays monthly benefits to people who have severe physical and/or mental disabilities that prevent them from working. These benefits are available to those who become disabled before reaching retirement age.
At Affleck & Gordon, our Atlanta Social Security disability lawyers have dedicated their practice to helping the injured and disabled collect the fair benefits they are owed, whether through the Social Security Disability Insurance program, Supplemental Security Income (SSI), or both.
SSDI Benefits
Social Security Disability Insurance (SSDI) offers financial assistance to individuals with disabilities, but they serve different populations and have distinct eligibility requirements. SSDI benefits are based on work history and payroll tax contributions.
The primary types of SSDI benefits include:
- Worker’s Disability Benefits (SSDI) – These benefits are for individuals who have worked and paid Social Security taxes for a required number of years but can no longer work due to a disability. Eligibility depends on the number of work credits earned over time.
- Disabled Adult Child (DAC) Benefits – This program provides SSDI benefits to adults who became disabled before the age of 22 and have a parent who is deceased, retired, or receiving Social Security benefits. The benefit is based on the parent’s earnings record, not the child's own work history.
- Disabled Widow/Widower Benefits (DWB) – This provides SSDI benefits to widows or widowers who are at least 50 years old and became disabled within seven years of their spouse’s death. The deceased spouse must have been insured under Social Security.
- Trial Work Period (TWP) and Extended Period of Eligibility (EPE) – These allow SSDI recipients to test their ability to return to work while still receiving benefits for a limited time. The TWP lasts for nine months, and the EPE provides additional safety net protections if work attempts are unsuccessful.
Applying for Social Security Disability Insurance
Before applying for SSDI, you must first determine whether you qualify for benefits.
To be eligible for SSDI, you must:
- Have earned the appropriate number of “work credits,” which are earned by working long enough and recently enough earning taxable income under Social Security.
- Have a qualifying medical condition that meets the Social Security Administration’s strict definition of a “disability.”
Eligibility for SSDI not only requires the accumulation of work credits but also detailed documentation of your medical condition. This includes comprehensive medical records and, in some cases, documentation from healthcare providers who can verify the impact of your disability on your daily life and ability to work.
Once you have determined that you meet the criteria for SSDI, you can prepare your application. This step involves gathering numerous documents and providing an array of information related to your work history, medical condition, citizenship or alien status, residence, and more. After ensuring that you have everything you need, you can file your SSDI application.
There are several ways to apply for SSDI benefits:
- Online
- By phone
- By mail
- In person at your local SSA office
Choosing the right method of application often depends on individual preferences and circumstances. Many prefer the convenience of online applications, allowing for the electronic submission of documents and easy tracking of application status. Others may find value in discussing their situation directly with SSA representatives via phone or in person, ensuring all requirements are thoroughly understood.
Affleck & Gordon: Your Local Resource for Social Security Disability Help in Atlanta, GA
Navigating the complexities of obtaining Social Security Disability Insurance (SSDI) benefits can be daunting, but for residents of Atlanta, Georgia, Affleck & Gordon is here to help. Our Atlanta-based disability lawyers are deeply familiar with the unique challenges and circumstances faced by local residents. With a thorough understanding of the Social Security Administration (SSA) office in Atlanta, and extensive experience in handling SSDI claims, we provide the local knowledge you need to successfully navigate the system.
Whether you are dealing with the paperwork for your initial SSDI application or need representation in appeal hearings, our dedicated team is equipped to guide you through each step of the process. The competitive job market and varying cost of living in Atlanta can make finding suitable employment particularly difficult for individuals with disabilities, making the financial relief offered by SSDI benefits crucial.
With over 45 years of experience and a strong commitment to the Atlanta community, Affleck & Gordon is well-positioned to offer personalized legal representation. We understand the frustrations of dealing with government entities and the stress involved in consultative examinations or appeals. Our local insight means we can tailor our approach to meet the specific needs of Atlanta residents, ensuring that you receive the benefits you deserve.
Don't let the complexities of the SSDI process overwhelm you. Contact Affleck & Gordon today to find out how we can assist you in navigating the system and securing the financial support you need to thrive in Atlanta.
FAQs About SSDI Claims in Atlanta, GA
Where is the nearest Social Security office in Atlanta?
Atlanta has several Social Security offices, and you can find the nearest one by visiting the SSA's office locator tool on their website. Some common locations include the downtown Atlanta office and the Decatur office. Before visiting, it’s best to call ahead or check online for office hours, as many locations have limited walk-in services and require appointments.
What happens after I submit my SSDI application?
After submitting your SSDI application, it will be reviewed by the SSA to determine if you meet the basic eligibility requirements. If you do, your application will be forwarded to the Georgia Disability Determination Services (DDS) office for further evaluation. DDS will gather your medical records and may request additional information or ask you to undergo a medical exam. The evaluation process can take several months, and you will be notified in writing about the decision. If your application is denied, you have the right to appeal the decision.
How long does it take to get a decision on my SSDI claim?
The time it takes to receive a decision on an SSDI claim varies. On average, it can take three to five months for the initial application to be processed. However, if your application is denied and you choose to appeal, the process can take significantly longer. The first level of appeal, called a reconsideration, typically takes about three to five months. If further appeals are necessary, such as a hearing before an administrative law judge, the entire process can take up to two years or more.
What should I do if my SSDI application is denied?
If your SSDI application is denied, you have the right to appeal the decision. In Atlanta, the first step in the appeal process is to file a request for reconsideration within 60 days of receiving the denial notice. If the reconsideration is also denied, you can request a hearing before an administrative law judge. It is often beneficial to seek assistance from an attorney or advocate who specializes in SSDI claims to improve your chances of a successful appeal. Legal representation can help you gather additional evidence, prepare for the hearing, and present your case effectively.
Can I work while receiving SSDI benefits?
Yes, you can work while receiving SSDI benefits, but there are strict limits on how much you can earn. The SSA has a program called the Ticket to Work, which provides support to SSDI beneficiaries who want to return to work. During a trial work period, you can test your ability to work without losing your benefits, regardless of how much you earn. However, after the trial work period, if you earn above the substantial gainful activity (SGA) level, which is adjusted annually, your benefits may be reduced or terminated. It is important to report any work activity to the SSA to avoid overpayments or penalties.
How do I check the status of my Social Security claim?
You can check the status of your Social Security claim by logging into your my Social Security account on the SSA website, calling the national SSA number, or contacting your local Atlanta Social Security office. The status update will show whether your claim is pending, approved, or denied, as well as any additional documents needed for processing.
What is the difference between SSDI and SSI benefits?
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both disability benefit programs, but they have different eligibility requirements. SSDI is based on your work history and requires that you have paid into the Social Security system through payroll taxes. SSI, on the other hand, is a needs-based program for individuals with limited income and resources, regardless of work history. The medical criteria for disability are the same for both programs.
Our Atlanta SSDI attorneys can assist you with all aspects of the application process, from determining your eligibility to gathering information and evidence in support of your claim to filing your application online, by phone, by mail, or even in person. We have helped tens of thousands of clients navigate this process and have the in-depth knowledge and experience needed to assist you with your claim.
Call our office today at (404) 990-3945 or contact us online to schedule a complimentary consultation with one of our caring and experienced SSDI attorneys.
Real Clients. Real Stories.
Hear From Past Clients Who Have Worked With Affleck & Gordon
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Honorable people!
“Took care of me from day one. Knowledgeable in all areas they specialize in. Most importantly they treated me with the utmost respect. Affleck & Gordon moved me from a very difficult situation I couldn't get through on my own.”
Douglas W. -
Affleck & Gordon won my case!
“I filed for SSDI and had to appeal, so I hired Affleck & Gordon. The attorneys talked to me with the utmost respect and treated me like I was actually someone, not just a number.”
R. Duff -
I could not be more grateful to the team at Affleck & Gordon.
“I would like to thank Affleck & Gordon for representing me in my SSDI case. They are professional and caring and were always available when I had questions and concerns. Even during a pandemic, they got the job done for me.”
T. Curtis
Appealing a Denied SSDI Claim
Unfortunately, the SSA denies most (about 60%) first-time SSDI claims. There are many reasons your claim may be denied, from application errors to missed deadlines, insufficient evidence, missing documents, and more. Regardless of the reason for your claim denial, however, you have the right to appeal the SSA’s decision.
Understanding the common pitfalls in initial SSDI claims can better prepare applicants for their filings. It's crucial to ensure that all necessary forms are completed accurately and that all relevant medical documentation is provided. Missing even a single piece of critical information can lead to denial. Engaging with legal support early in the process can prevent avoidable mistakes and improve applicant outcomes from the start.
There are four steps involved in appealing a denied SSDI claim. They include:
- Requesting a Reconsideration: After receiving the official notice that your claim was denied, you have 60 days to request a reconsideration. Requesting a reconsideration is essentially asking for a review of your case. The SSA may schedule an appointment for a consultative evaluation (CE) on your behalf; we recommend that you speak to an attorney at our firm before responding to the request or attending the CE.
- Requesting a Hearing Before an Administrative Law Judge (ALJ): If you disagree with the results of the reconsideration, your next step is requesting a hearing before an ALJ. Although they are informal, these hearings operate in much the same way as a civil trial. Both you and the SSA will have an opportunity to present evidence supporting your cases, and the ALJ will decide on your case at the conclusion of the hearing.
- Appealing the ALJ's Decision Before the Appeals Council: If you are not satisfied with the ALJ's decision following the hearing, you can request a review by the SSA's Appeals Council. The Appeals Council will likely only grant your request if it determines that an error was made or that the ALJ failed to act within the bounds of Social Security laws or regulations. If the Appeals Council grants your request, it may reverse the ALJ's decision or send it back for further review.
- Filing a Civil Claim in Court: The last step in appealing a denied SSDI claim is filing a civil lawsuit in the U.S. District Court or the U.S. Court of Appeals. If you disagree with the Appeals Council's decision, you may file a lawsuit in federal court. The court will review your claim and determine if an error was made that resulted in the ALJ's or Appeals Council's initial decision. If so, the court may reverse the decision on your claim and award benefits.
Each step of the appeals process requires attention to detail and a strong understanding of SSA procedures. Having an attorney advocate on your behalf can effectively bolster your case, helping to gather additional evidence, craft persuasive arguments, and fully prepare for hearings. Affleck & Gordon can provide valuable guidance throughout these steps, increasing your chances of a favorable resolution.
If your SSDI claim has been denied, we urge you to contact our team at Affleck & Gordon right away. You have a limited amount of time to appeal this decision; waiting too long could jeopardize your benefits. It is not recommended that you file a new application if your original one was denied but, rather, appeal this decision for a better chance of a favorable outcome.
Submit a secure online contact form or call our office today at (404) 990-3945 to learn more during a free consultation.
Discuss Your Options with Our SSD Attorneys Today
Since 1977, Affleck & Gordon has helped hardworking people throughout Georgia with all types of Social Security disability matters. Our Atlanta SSDI attorneys have what it takes to advocate for you and your rights. Throughout the process, you can expect us to provide you with a high level of personal attention, counsel, and support. We truly care about the people we serve and are always there for our clients—every step of the way.
We believe in empowering our clients with knowledge and clarity throughout the SSDI process. By offering comprehensive consultations, education on legal rights, and updates on claim developments, we aim to alleviate the stress associated with disability claims. Our collaborative approach ensures you feel supported and informed, paving the way towards securing the benefits you need and deserve.
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You Deserve Dedicated Representation At Affleck & Gordon, we are committed to providing the highest possible legal counsel. We return calls promptly, keep you up to date on your case, and will always be there for you. We do not rest until you get what you deserve.
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You Deserve Experienced Counsel With over 45 years of experience and tens of thousands of individuals helped, our team has the skill, resources, and determination to aggressively and strategically evaluate, understand and fight your claim.
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You Deserve a Thorough Team The Affleck & Gordon team is not only committed to your case, but we are committed to you. We understand that this is your life and your future, and will diligently do everything on our end to obtain a favorable decision on your behalf.
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You Deserve Financial Security Your case is important to you, and it’s important to us. It represents how you will or will not be able to take care of your basic needs, as well as those of your family, for the foreseeable future. We are committed to fighting for what you deserve.
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