The Gibson Firm vigorously advocates for disabled individuals. We understand that people are frequently denied Social Security Disability benefits regardless of their medical conditions. We strive to show that a claimant’s disabling conditions are valid and have affected their ability to work.
If you have been denied benefits, you have the right to appeal the decision. Claimants seeking Social Security Disability benefits or who have recently received Social Security Disability denials should seek legal guidance to maneuver through the bureaucratic maze of paperwork. We represent claimants at all levels of the administrative process:
- Initial Application
- Administrative Hearing at the Office of Disability Adjudication and Review (ODAR)
- Appeals Council
- Federal Court
If you are under the age of 65 and have a physical or mental condition that prevents you from working for over one year, or if you have paid into the Social Security Disability Insurance (SSDI) program through payroll deductions, you may be entitled to receive SSDI benefits. At The Gibson Firm, we represent individuals who have been denied SSD benefits. Far too many disabled people are routinely denied claims despite their disabling medical conditions.
If you believe that you are entitled to SSDI benefits, even if you have been denied before, please contact us to receive a free consultation. E-mail us or call us at (770) 874-7004 to schedule a meeting with one of our experienced lawyers. Our firm is deeply involved in and committed to helping individuals access the healthcare and disability benefits they have been denied.
Supplemental Security Income
Supplemental Security Income (SSI) is a needs-based program created by the federal government as an additional safety net for those whose SSDI payroll contributions were too low to amount to significant monthly checks or if they do not have a sufficient enough work history to be insured through the SSDI program.
People with very low payments into SSDI may be eligible for SSI benefits in addition to their SSDI to insure a minimum monthly disability check. The definition of “disability” is the same for both SSDI and SSI. Only the income and financial resources requirements are different.
SSD-related Health Benefits
If you are determined to be eligible for SSD, you will also automatically be approved for Medicare federal health benefits after a 29-month waiting period from the date the Social Security Administration deems you disabled. Likewise, Georgia residents who qualify for SSI due to low income will also automatically qualify for Georgia Medicaid (most other states have similar programs). This makes it even more important to hire an attorney to win approval for SSDI/ SSI benefits.
Long-Term Disability Claims
TGF is committed to helping people who are unable to work due to a disability. Even if you are covered by a Long-Term Disability (“LTD”) insurance policy, the insurer will often find any reason it can to deny you benefits under the policy. These benefits are governed by complex policy/plan documents with detailed procedures for filing claims and appealing denials. The process for obtaining LTD benefits requires presentation of medical evidence and advocacy under the plan provisions.
If you are initially denied LTD benefits, you must adhere to a very strict internal appeal process, which is governed by the LTD policy. If you do not comply with each step of the insurance company’s appeal process, you are giving up valuable rights which may include the very right to challenge the insurance company’s decision in federal court. LTD policies are most often governed by complicated federal laws mostly consisting of laws under The Employee Retirement Income Security Act (ERISA).
No matter how strong of a disability claim you have, ERISA regulations will prevent you from pursuing your claim in federal court if you did not follow your insurance company’s internal appeals process. ERISA offers you some valuable protections too, although the court will not even look at your case if you did not exhaust your internal appeals through the LTD document.
TGF handles a wide variety of matters that fall under ERISA, including claims for LTD benefits. We help individuals navigate the complex and dangerous waters of ERISA LTD claims. TGF can represent you in all stages of obtaining LTD benefits by fighting to ensure you receive all benefits to which you are entitled. TGF levels the playing field and makes sure you receive a full and fair process for your LTD claim.