Abogado de Seguro Social por Descapacida en Albuquerque, Nuevo México
Is an injury or illness keeping you from going to work and making ends meet? You may be eligible for monthly benefits through a Social Security Disability program. The requirements for these programs are strict and denials are common but a Social Security Disability lawyer in Albuquerque can help you navigate the system and prove your entitlement to benefits.
Applying for Social Security Disability in Albuquerque
There are several ways to file your application for disability in Albuquerque. While many people choose to apply online, you can also apply via phone by calling 800-772-1213 or apply in person at your local field office. The Albuquerque office is on Lead Ave off I-25.
At the field office, staff will review your application to ensure you meet the technical criteria, and then they will forward it on to the regional Office of Disability Determination Services. This office is also located right here in Albuquerque.
Staff from Disability Determination Services will then review the medical aspects of your claim, request your medical records, and collect other evidence to help them decide whether you qualify for benefits.
If they deny your claim and we need to file an appeal, this goes through the Office of Hearings Operations.
Understanding Social Security Disability in Albuquerque
Social Security disability consists of two separate programs:
- Social Security Disability Insurance (SSDI); and
- Supplemental Security Income (SSI)
You may draw benefits from one or both of these programs, depending on your qualifications. Both of them require that you have a disability which prevents you from working and which is considered long-term (lasting for a least a year) or terminal.
Proving You Have a Disability
The Social Security Administration publishes a list of qualifying impairments, known as the Blue Book. This list consists of dozens of conditions and the related criteria you must meet to qualify for benefits. This list will give you an idea of how severe your condition must be to qualify.
To ensure you are eligible, the disability examiner working on your case will request your medical records and check to see that you meet these criteria. The examiner will want to see your:
- Imaging scans
- Blood tests
- Laboratory results
- Surgical and clinical notes
- Information about your treatment and outcomes
Talking to your doctor about your application before you apply may help you determine if you will qualify.
Getting Benefits Based on Your Residual Functional Capacity
Many people cannot work but do not meet the criteria under any of the impairment listings that apply to their condition. If this is your situation, you may still qualify based on your residual functional capacity (RFC). Your RFC evaluates:
- The type of work you can do
- How long you can do this work
- How often you can do this work
If your RFC states you cannot work your previous job or another job for which you might qualify, you will likely meet the medical qualifications for disability.
Social Security Disability and Albuquerque Technical Denials
In some cases, people who apply for disability in Albuquerque receive a letter of denial from the local field office before they even forward their application to the Office of Disability Determination Services. While this is very frustrating, there are a few common reasons why this occurs — and most of them are easily avoidable. These include:
- Failing to answer every question on the application
- Entering an invalid answer on the application
- A problem with your name, birthdate, or Social Security Number
- Not having enough work credits for SSDI
- Not having recent enough work credits for SSDI
- Having income or assets that exceed the SSI limit
If you already received notice of your technical denial, give us a call. We can help you understand what went wrong and may be able to help you appeal the decision.
Appealing an Albuquerque Disability Benefits Denial
According to the Social Security Administration, denials are issued to about seven out of every ten applicants so if you receive a denial notice you are not alone. You can appeal this denial; however, you must do so within 60 days. We can help you navigate the appeals process and fight for the monthly benefits and back pay you deserve.
We will begin by reviewing your application and getting to the bottom of why the Social Security Administration did not approve your claim. Then, we can help you understand your options for proving your case and getting the payments you need. In many cases, the Social Security Disability appeals process can take a year or more.
During this time, your benefits will continue to accumulate. As long as the Social Security Administration does not change your Established Onset Date (EOD) you listed when you applied, you will likely receive these benefits as back pay after you get approved.
Talk to an Albuquerque Social Security Disability Lawyer About Your Claim
The team at Ron Bell Injury Lawyers is here to help you fight for the disability benefits you need and deserve. We offer free evaluations and will handle your appeal at no cost to you until we get you approved for the monthly direct deposits and back pay you need.
Call our office today at 505-898-2355 to schedule your free consultation.