Social Security disability claims can take months, and sometimes years, to win final approval. If you’re disabled and facing a severe financial crisis, that can spell trouble. However, you may be able to start receiving Social Security benefits while your underlying claim is pending approval. That’s because of an option called presumptive disability. If you have questions about these benefits, you need the help of an experienced Mobile, AL disability attorney.
Presumptive disability allows an applicant to receive temporary payments while Social Security processes their claim. These payments can last up to six months for those who are eligible. The applicant has to have sufficient evidence that his or her underlying claim is likely to be approved. They must also have limited income and resources according to rules set by Social Security.
There are a number of conditions that may qualify you for presumptive disability. Among them are the following:
- Amputation of the leg at the hip
- Total deafness
- Total blindness
- Bed confinement or immobility without a wheelchair, walker, or crutches, due to a long-standing condition
- Cerebral palsy
- Muscular dystrophy
- Down syndrome
- Intellectual disability or another neurodevelopmental impairment with complete inability to independently perform basic self-care activities
- Low birth weight
- Human immunodeficiency virus (HIV) infection or acquired immunodeficiency syndrome (AIDS)
- Terminal illness with a life expectancy of six months or less
- Spinal cord injury causing an inability to walk
- End-stage renal disease (ESRD)
- Amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease
These and other conditions are considered so severe that they have a high likelihood of being approved for disability compensation. If you are unsure whether your condition qualifies, ask a knowledgeable Mobile, AL disability benefits attorney.
The amount of presumptive disability benefits you may receive is based on your countable income. Several types of income, including unemployment benefits, are included. Certain exemptions may also apply. And if you earn too much money, you might not be eligible. Your Mobile, AL disability attorney is the best person to talk to about benefits eligibility.
Your presumptive disability payments will end once Social Security decides your underlying claim. They will also end after six months, regardless of whether Social Security has made a decision. If your claim has not been decided by then, you need to talk to a Mobile, AL disability attorney. If your underlying claim is ultimately rejected, you don’t have to pay the presumptive payments back. But you may need to repay them if an error was made, such as an overpayment.
You make your request for presumptive disability when you apply for benefits. The field office where you apply may be able to decide on its own if you qualify. Sometimes the office seeks confirmation from a reliable medical source, such as a doctor or social worker. And in some events, the field office will send your application to Disability Determination Services for further consideration. This office has more leeway in making decisions about presumptive disability.
It’s possible that you may need to submit additional paperwork as well. Regardless, this part of the process can become bureaucratic and is often fraught with delays. Having an experienced disability benefits attorney is important to ensure your application isn’t lost in the shuffle.
No Matter What Type Of Disability Claim You Have, We Can Help
Ascend Disability Lawyers, LLC, is knowledgeable in all types of disability claims. We understand the anxiety you may be facing if you are disabled and cannot work. However, you do have many options available to help. Our team will evaluate your case and advise you as to which one best fits your situation. Don’t be overwhelmed by the disability benefits application process. Give us a call today to find out what we can do for you.