Approximately 25% of Georgia’s population has some form of disability that may qualify them for Social Security Disability Income (SSDI). The highest number of disabilities fall into mobility and cognition-related disabilities, followed by vision, hearing, self-care, and independent living.
Even though more than a quarter of Georgia’s population suffers from a disability, only 3.9% receive SSDI benefits. This is partly because the requirements for qualifying for SSD and SSI in Georgia are limited in scope.
However, it does not mean that all hope is lost. You can still qualify for Social Security Disability benefits in Georgia if you know how to navigate the system. Here is everything you need to know about Social Security local to Georgia.
How Do I Qualify for Social Security Disability Benefits in Georgia?
The truth is that SSD eligibility requirements are the same across the country, regardless of your state. However, there are a few exceptions across certain states. To qualify for SSD in Georgia, you must provide supporting documentation and comprehensive medical records.
Most applicants in Georgia find that they must go through one or two steps of appeals for their disability claim to be approved.
The two main conditions you must satisfy to be approve are the severity of your disability and the length of time you have worked and paid FICA taxes.
The first condition is that your disability must be severe enough to prevent you from working for a period of at least 12 months. The Social Security Administration (SSA) uses a “Blue Book” listing of impairments to determine whether your disability meets the severity requirements.
The Blue Book includes physical, mental, and neurological conditions that the SSA has determined to be disabling.
If your condition is not listed in the Blue Book, you can still qualify for SSD benefits if you prove that your disability is equally as severe as one of the listed conditions.
The second condition for approval regards your work history and contribution to FICA taxes. You must have worked for a certain number of years (depending on your age) and paid FICA taxes to qualify for SSD.
If you have not worked for long enough or do not have sufficient work credits, you may still be able to qualify for Supplemental Security Income (SSI). SSI is a needs-based program that provides financial assistance to disabled individuals who have not worked or who have very little work history.
If you are currently receiving workers’ compensation in Georgia, it may affect your eligibility. Working individuals are protected under different laws such as the Rehabilitation Act of 1973 and other state laws aimed at providing equal opportunity for disabled people still in the workforce.
How Do I Apply for Social Security Disability Benefits in Georgia?
The first step in the SSD application process is to complete an online application or visit your local SSA office. You can find your local SSA office by visiting the SSA website and entering your zip code.
If you choose to apply online, you will be asked a series of questions regarding your personal information, work history, and medical condition.
Once you have completed the online application, you will be given the option to schedule an appointment with your local SSA office or have someone from the SSA contact you.
If you choose to visit your local SSA office, you will be asked the same questions as on the online application. You may also be asked to provide additional documentation such as your birth certificate, tax records, and medical records.
Once your application is complete, it will be sent to the Disability Determination Service (DDS) for review. The DDS is a state-run agency that makes the initial determination regarding whether an applicant is eligible for SSD benefits.
The DDS will review your medical records and may contact your treating physician for additional information. The DDS will also consider your work history and education level when deciding on your claim. Your claim will be denied if the DDS determines that you are not disabled.
How Do I Appeal a Denial in Georgia?
If you are found to be disabled, you will begin receiving SSD benefits within a few months. If your claim is denied, you have the right to file an appeal.
The appeals process can be lengthy, so it is important to seek the help of a qualified SSD attorney as soon as possible. An attorney can help you gather the necessary evidence and documentation to support your appeal.
Basically, there are four levels of appeal in the SSD process:
1. Reconsideration
The first level of appeal is a reconsideration of your claim by the DDS. Your claim will be reviewed by a different disability examiner and medical consultant.
2. Hearing
If your claim is denied at the reconsideration level, you have the right to a hearing before an administrative law judge (ALJ). At the hearing, you will have the opportunity to present evidence and testimony supporting your claim.
3. Appeals Council
If the ALJ denies your claim, you can file an appeal with the Social Security Administration’s Appeals Council. The Appeals Council will review your claim to determine if the ALJ made a legal error. If the Appeals Council finds that no error was made, your claim will be denied.
4. Federal Court
If your claim is denied at all levels of appeal, you have the right to file a lawsuit in federal court. This is the last resort and should only be considered if all other options have been exhausted.
It is important to note that you only have 60 days to appeal a denial of benefits. If you do not file an appeal within this timeframe, you will have to start the SSD application process from the beginning.
Georgia SSDI Average Hearing Times & Approval Rate
Georgia is part of the SSA’s “Region 4,” headquartered in Atlanta. There are five hearing offices in the state, with the average hearing time of 325 days between when the applicant requests a hearing and when they actually appear before an administrative law judge.
The approval rate in Georgia is 54.9%. This means that 12 out of every 20 people applying for SSD benefits are approved. The state ranks 21st in the nation for its approval rate.
How Can a Georgia SSD Attorney Help Me?
While you are not required to have an attorney to file for SSD benefits, it is highly recommended. The SSD application process can be complex and confusing, and the appeals process is even more so.
An experienced SSD attorney can help you navigate the process and ensure that your claim is properly filed and supported. If your claim is denied, an attorney can represent you at all levels of appeal.
An SSD attorney can also help you gather the necessary evidence and documentation to support your claim. This includes medical records, work history, and education records.
At Legal Giant, we have helped many people get the SSD benefits they need and deserve. We understand how important these benefits are, and we will do everything we can to help you get approved.
Contact us today for a free consultation with an experienced Georgia SSD attorney. We will review your claim and let you know if we can help. There is no risk or obligation, and you pay nothing unless we win your case.
