Get The Assistance You Need TODAY From Neblett, Beard & Arsenault's Top Social Security Disability Attorneys

Your Trusted Law Firm For Over 40 Years

Get The Assistance You Need TODAY From Neblett, Beard & Arsenault’s Top Social Security Disability Attorneys

Louisiana Personal Injury Attorneys

Experienced Social Security Disability Attorneys

If you need assistance with a Social Security Disability (SSD) claim, take the first step to protect your legal rights and contact the SSD attorneys at Neblett, Beard & Arsenault. You only have a limited time to file an appeal, so you must act quickly. Call (318) 561-2500 today or submit an online request below. 

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How Do I File for Social Security Disability Benefits?

Our Social Security Disability attorneys understand the laws pertaining to obtaining SSD benefits. Watch the video below or contact our law firm today. Ask to speak with Attorney Barbara Mixon. The call is free, the consultation is free, and we have helped thousands of clients over the last 40 plus years with their injury and social security disability claim needs.

Social Security Disability Eligibility

Experienced Social Security Disability Attorneys. Call 318-561-2500 today!

If you worked prior to your disability and paid Social Security taxes, then you are typically considered “covered” by Social Security, and Social Security Disability Insurance (SSDI) is the disability benefit you would likely be filing a claim to receive. In order to be considered eligible for SSDI, you must fall into one of the three categories:

  • A disabled worker under 65 who is covered by Social Security.
  • A person disabled since childhood who is a dependent of either a deceased parent covered by Social Security, or a living parent or parent entitled to Social Security Disability.
  • A disabled widow or widower aged 50-60 whose deceased spouse was covered under Social Security.

In order to meet the definition of “disabled,” the Social Security Administration (SSA) requires that you must be completely disabled – meaning your disability must have lasted or be expected to last at least one year or your disability must be expected to end in your death. The disability may be physical, mental or a combination – but it must be proven through medical documentation.

If you are completely disabled and you file an application for benefits, you might expect that your claim will be accepted right away. However, the truth is that many perfectly reasonable benefits claims are rejected initially. The SSA does not award disability quickly or easily, and often claims are denied because of lack of proper evidence or documentation. If your claim is denied, you can appeal the decision, but you have a limited time in which to file an appeal. An attorney can provide legal representation and advice during the appeals process – both of which greatly improve your chances of a successful claim.

If you believe you are entitled to Social Security benefits, if you have questions about your Social Security Disability claim, or if your claim has been denied, the SSD lawyers at Neblett, Beard & Arsenault can help. We’ll review your claim carefully to determine what documentation may be missing, and we’ll prepare your case for appeal. Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and dedication to work on your behalf.

Can I Work And Still Collect Social Security Disability Benefits?

 

Frequently Asked Questions

Can an attorney apply for Social Security Disability for someone?

Answer: No, an attorney cannot apply for someone. The initial application has to be done by you. We can assist you through the process when you decide to apply.

What is the difference between SSDI and SSI?

Answer: SSDI is a type of insurance paid through payroll taxes. To qualify for SSDI, you have worked a certain amount of eligible work quarters that vary based on your age. On the other hand, SSI is payment made to disabled children or adults who do not have the work history to qualify for SSDI. Unlike SSDI, SSI has strict income and resource limits. For more information, see https://faq.ssa.gov/en-us/Topic/article/KA-02285

Can I receive Social Security disability benefits while still working?

Answer: In most instances, SSDI recipients cannot work if they earn more than a certain amount of money. The amount changes every year. For 2023, the maximum amount most individuals can earn per month is $1,470 before taxes (or $2,460 before taxes for blind individuals). See https://www.ssa.gov/oact/cola/sga.html

I had an accident and may be out of work for a period of time. Can I apply for Social Security Disability?

Answer: This depends on how long you think you will be unable to work. Social Security Disability is for long-term conditions. Social Security does not address short-term disability.

Generally, you must be unable to work at least a year to potentially be able to be approved for Social Security Disability. If you think that you will be out of work for more than a year due to your medical condition, you do not need to wait to apply for Social Security benefits. Indeed, you should apply sooner rather than later as the approval process itself often takes a year or more.

If you are approved for disability, but later on your condition improves and you are ultimately able to return to work (what Social Security calls “Substantial Gainful Activity” or “SGA”), you might not be able to continue receiving Social Security.  If you are approved for SSDI, you may be able to return to work on what is called a “Trial Work Period” during which you may be able to collect benefits and wages. The Trial Work Period does not apply to persons receiving SSI. If you are on SSDI or SSI, you should report a change such as returning to work to Social Security. See https://www.ssa.gov/OACT/COLA/sga.html and https://www.ssa.gov/OACT/COLA/sga.html

Can I receive Social Security Disability benefits and workers’ compensation at the same time?

Answer: In some instances, yes; however, if you receive both Social Security and Workers’ Compensation benefits, there may be offsets. If you have a workers’ compensation attorney, we recommend that you inform your workers’ compensation attorney that you are considering applying for Social Security.

Social Security says they overpaid me. Do you handle overpayment cases?

Answer: No.

I was receiving Social Security benefits, but Social Security stopped them. Can you help me get my benefits back?

Answer: In some instances, we can assist. However, should you opt for benefit continuation we cannot take such cases on a contingency basis. An upfront fee is required.

How much do you charge to represent me?

Answer: If we are successful in getting your benefits, the fee is set by the Social Security Administration and paid by them out of your back pay. 

Social Security tells me that do not have enough work quarters for SSDI and have approved me for SSI. But SSI isn’t enough. Can you help me get my SSI changed to SSDI?

Answer: Unfortunately, no. If you think you were not credited enough work quarters for SSDI, you will need to raise that with Social Security directly. There are minimum requirements for working in a quarter for that quarter to count. For instance, you cannot work just one day at minimum wage to earn an eligible quarter. There are minimum earning amounts that change every year. See https://www.ssa.gov/benefits/retirement/planner/credits.html

Social Security told me I have too much household income or resources to qualify for SSI, can you assist?

Answer: Unfortunately, no. SSI has very strict income and resource limits. See https://www.ssa.gov/ssi/eligibility. However, should your situation change, please feel free to check with us again. The income and resource limits do not apply to SSDI, so we recommend you apply for SSDI if you have a substantial work history.

Do you handle children’s cases?

Answer: No.

My spouse died, and I wanted to see about survivor’s benefits or death benefits for myself or my children. Can you assist?

Answer: Unfortunately, no. You should contact Social Security directly.

I or my spouse is receiving SSDI. Are there any benefits for my children or me?

Answer: These are called “Auxiliary benefits.” You should contact Social Security directly about Auxiliary benefits. Auxiliary benefits are not available for family members of SSI recipients.

I am now over age 62. Can you help me apply for early retirement?

Answer: No, you should contact Social Security. Social Security’s website has an early retirement calculator that you may want to consult: https://www.ssa.gov/oact/quickcalc/early_late.html

I am now over age 67. Can you help me apply for Social Security benefits?

Answer: If you are over age 67, you should contact Social Security directly. Most individuals are eligible for retirement benefits at age 67.

I am disabled, but receiving Social Security Retirement Benefits due to my age. Can I get both Social Security Disability and Retirement benefits?

Answer: No. Social Security disability benefits automatically change to retirement benefits when disability beneficiaries reach full retirement age. The law does not allow a person to receive both retirement and disability benefits on one earnings record at the same time. See https://faq.ssa.gov/en-us/Topic/article/KA-01861#:~:text=Social%20Security%20disability%20benefits%20automatically,record%20at%20the%20same%20time.

Do you handle private short-term or long-term disability cases?

Answer: No, we are only able to assist with certain Social Security Disability Cases.

I’m 100% VA disabled. Do I automatically qualify for Social Security Disability?

Answer: No. The Social Security Administration has different requirements and rules for disability than the Veteran’s Administration. Even if you are 100% VA disabled, you must apply for Social Security Disability and be approved separately. However, in some instances, Social Security can expedite Social Security Disability determinations for veterans with a 100% VA disability determination. See https://www.ssa.gov/people/veterans/

Can I receive both VA disability and Social Security Disability at the same time?

Answer: Potentially yes. VA and Social Security Disability have different rules so you must be approved separately for each benefit; however, SSDI and VA disability compensations are not affected by each other. As such, it is possible to receive both VA and SSDI if you are approved for both. See https://www.ssa.gov/people/veterans/

Neblett, Beard & Arsenault – A Trusted Law Firm For Over 40 Years

Louisiana Personal Injury Attorneys
Louisiana Personal Injury Attorneys

Contact Us

Thank you for visiting our website. The law offices of Neblett, Beard & Arsenault have been fighting for the rights of injury victims for over 40 years.  Please contact us below to schedule a free consultation. We are available 24/7

Office Locations

Alexandria Office:

2220 Bonaventure Ct

Alexandria, LA 71301

Phone: (318) 561-2500

Fax: (318) 561-2591

Additional Areas Served:

Lake Charles, LA: (337) 855-4400

Baton Rouge, LA: (225) 343-3475

Shreveport, LA: (318) 635-5800

Lafayette, LA: (337) 289-9800

Monroe, LA: (318) 323-4455

The information provided on this website is for general informational purposes only and should not be construed as legal advice or as a legal opinion. The use of this website does not constitute or establish any form of attorney-client relationship or privilege between Neblett, Beard & Arsenault and any users or visitors to this website. No attorney client relationship exists unless a retainer agreement is signed.

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