Louisiana’s disability law aids workers who suffered an injury or disability through Social Security Disability benefits. This program is designed to provide financial help to affected workers while they’re recovering from severe medical conditions that prevent them from doing their jobs.
While disability approval rates for initial applications and disability hearings are higher than average in Louisiana, you’ll likely make mistakes in your disability application that result in a denial if you do it on your own. Having a social disability lawyer who is familiar with Louisiana disability laws by your side throughout the application process ensures that you’ll get the benefits you deserve.
Types of Disability Benefits
There are several types of social security disability benefits offered by the Social Security Administration (SSA).
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Disability Insurance Benefits.
Workers who have enough Social Security credits and can’t work due to disabilities that may last for a year or result in death are qualified to apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
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Disabled Widow or Widower (DWB) Benefits
Disability benefit laws allow surviving spouses to collect their deceased spouse’s SSDI benefits.
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Disabled Adult Child (DAC) Benefits
If you have an unmarried child over 18 who had a disability before turning 22, you may apply for DAC. A disabled adult qualifies if their parent receives Social Security retirement or disability benefits, or has died and worked enough to qualify for Social Security.
Eligibility for Disability Benefits
You’ll need to meet the following qualifications in disability law to be eligible for disability benefits.
- You should’ve worked for at least five years in the past ten years (or less if you’re under 31) before you became disabled.
- Your earnings shouldn’t be more than the monthly limit.
- Your disability should be a condition which SSA deems to interfere with work duties.
- Your impairment should either be on SSA’s comprehensive list or is considered severe.
- You aren’t able to adjust to other work due to your medical condition.
If you meet the eligibility requirements for disability benefits, speak with a local disability lawyer about filing your social security claim.
Disability Claims Process
A claimant should file their disability claim as soon as they’re impaired and unable to work. Applying for SSDI benefits and SSI benefits can be done online, through phone, or by going to your local SSA office. Once your paperwork is sent to the Disability Determination Services (DDS), they’ll check whether you qualify, and a claims representative determines under which benefits programs you’re eligible to receive disability payments.
Appeals Process
If your claim for disability gets denied, you can request a hearing for reconsideration and have the Appeals Council review the decision of the administrative law judge to see if there were any errors during the disability hearing. It’s unlikely for the decision to be overturned, but there’s still another opportunity appeal under disability law.
Disability cases can be filed to federal court to try and get your claim approved. You’ll need to have legal representation, and the proceedings will likely involve complex legal issues, but your claim will be approved as long as you can prove your eligibility.
Hiring Disability Lawyers
Having a long term disability affects both you and your family, especially if it keeps you from working and earning money. You should claim your social security benefits while you’re recovering from a medical condition. If you’re thinking of applying for disability benefits, call E. Orum Young Law Offices today to get professional help with your application.
