According to CDC, approximately 200,000 people in Delaware have some form of disability that would qualify them for Social Security Disability Income (SSDI). It means about 25% of the total Delaware population is potentially disabled, which is almost similar to the national average.
Cognition and mobility comprise the highest percentage of disability cases in the state. Hearing, vision, independent living, and self-care are the other areas that have been impacted.
The broad health-related concerns associated with a disability usually create additional costs for current and ongoing treatment.
So, are you among the many people in Delaware with a disability? Do you think you qualify for Social Security benefits? Here is everything you need to know about Social Security local to Delaware.
How Do I Qualify for SSDI in Delaware?
Basically, there are two parts to qualifying for SSDI in Delaware. First, you need to prove that you have a disabling condition that has prevented or will prevent you from working for at least one year.
Second, you must have worked in jobs covered by Social Security for a certain number of years. The amount of time required depends on your age when you become disabled.
For most people, the first part is the hardest to prove. Your best bet is to get help from a qualified SSDI attorney in Delaware who can help you put together the strongest possible case.
Typically, the Social Security Administration (SSA) uses a “Blue Book” of disabling conditions to determine whether someone is eligible for benefits. If your particular condition is not listed in the Blue Book, do not worry. You may still qualify if you can prove that your condition is of equal severity to the one listed.
You must provide detailed medical evidence documenting your condition to win your case. This includes doctors’ reports, hospital records, and test results. The more evidence you have, the better your chances of winning benefits.
If you do not have enough medical evidence to prove your case, the SSA may require you to undergo a consultative examination (CE) with one of their doctors.
The good news is that if you are found to be disabled, the SSA will usually approve your benefits retroactively to the date of your disability onset. This means you could receive a lump sum payment for all the benefits you’ve accrued up to that point.
How Do I Apply for SSDI in Delaware?
Fortunately, you do not have to leave your house to apply for SSDI in Delaware. You can do it online at SSA.gov or on the phone by calling 1-800-492-4283.
You can visit your local SSA office if you prefer to apply in person. You can find your nearest office using the SSA’s Office Locator tool.
Applying for SSDI can be a long and complicated process, so it is essential to be prepared. Gather all the required documents before you begin, and ensure you have everything you need.
The SSA will need to see proof of your identity, so be sure to bring along your driver’s license, passport, or government-issued ID card.
You will also need to provide detailed information about your work history, so be sure to have your W-2 forms or tax returns from the last few years.
Finally, you must provide detailed medical evidence documenting your disabling condition. This includes doctors’ reports, hospital records, and test results. The more evidence you have, the better your chances of winning benefits.
If you are unsure what documents you need or how to get them, a qualified Social Security Disability attorney in Delaware can help.
What Happens Once I Apply for SSDI in Delaware?
Once you submit your application, the SSA will review it to ensure you meet their basic eligibility requirements.
If you do, they will send your file to the Delaware Division of Disability Determination Services (DDDS) for a more thorough review.
The DDDS is responsible for determining whether you are genuinely disabled and eligible for benefits. To make this determination, they will gather information about your medical condition and work history.
This can be done through your medical records, or they may require you to undergo a consultative examination (CE) with one of their doctors.
Once the DDDS has all the information they need, they will make a decision on your claim. If you are approved for benefits, you will receive a notice in the mail informing you of your approval.
If you are denied, you will also receive a notice in the mail explaining the decision. You have the right to appeal this decision if you think it is wrong.
Appealing an SSDI Claim Denial in Delaware
Unfortunately, SSDI denial in Delaware is approximately 67%, slightly lower than the national average, standing at 70%. Most cases in the state have to go through disability adjudication and appeals.
If your application is denied, you will receive a notice in the mail explaining the decision. You have the right to appeal this decision if you think it is wrong.
The first level of appeal is known as reconsideration. During this stage, your file will be reviewed by someone who did not participate in the original decision. You must file for reconsideration within 60 days of receiving the denial.
If you are still denied at this stage, you can appeal to an administrative law judge (ALJ). The ALJ will hold a hearing where you can present your case and testify about your disabling condition.
You also have the right to bring witnesses to testify on your behalf, and you can have an attorney represent you.
After the hearing, the ALJ will decide on your case. You can appeal to the SSA’s Appeals Council if you are still denied.
If they deny your appeal, you can file a civil suit in a federal district court. This is the last resort, but it is still an option if you feel you have been wrongfully denied benefits.
A Delaware SSDI attorney can help you navigate the appeals process and give you the best chance of winning your case.
Delaware SSDI Hearing Wait Times & Average Approval Rate
Delaware is part of SSA’s “Region 3,” with its headquarters in Philadelphia. Unfortunately, there is only one hearing office in Delaware, leading to a lengthy wait time of an average of 344 days.
The good news is that the approval rate at the hearing level in Delaware is 57.8%, significantly higher than the national average of around 53.9%.
It means that if you have a strong case and are willing to wait for a hearing, you have a better chance of winning your case in Delaware than in other parts of the country. In fact, an applicant with a representative has up to three times greater chances of being approved in the state.
How Can an Attorney Help Me Win My Delaware SSD Claim?
If you are disabled and unable to work, you may be entitled to Social Security Disability Insurance (SSDI) benefits.
The process of applying for these benefits can be long and complicated, and many people are denied on their first try.
A qualified Delaware SSD attorney can help you navigate the process and give you the best chance of winning your case.
An attorney can help you gather the necessary evidence to support your claim, such as medical records and witness testimony. They can also help you complete the required paperwork and represent you at hearings.
Legal Giant Is Here to Help You
At Legal Giant, we have a team of experienced SSD attorneys ready to help you with your claim. We have a proven track record of success and can help you get the benefits you need to support yourself and your family.
Contact us today for a free consultation, and let us help you get started on your SSD claim.
