Minnesota Attorney for Social Security Disability

Navigating the Social Security Disability (SSD) process can be overwhelming, especially when facing medical challenges and financial uncertainty. Whether you're applying for benefits, appealing a denial, or dealing with complications in your claim, having an experienced Minnesota Social Security Disability attorney by your side can make all the difference.

At Heritage Law Office, we assist clients throughout Minnesota in securing the benefits they deserve. Contact us by either using the online form or calling us directly at 414-253-8500 for legal assistance.

Understanding Social Security Disability Benefits

The Social Security Administration (SSA) provides disability benefits to individuals who are unable to work due to a medical condition expected to last at least one year or result in death. There are two main types of benefits:

Social Security Disability Insurance (SSDI) - For individuals who have paid into the Social Security system through payroll taxes.
Supplemental Security Income (SSI) - For individuals with limited income and resources, regardless of their work history.

Both programs have strict eligibility criteria and require extensive medical and work history documentation.

Comparison of SSDI and SSI Benefits

Feature	Social Security Disability Insurance (SSDI)	Supplemental Security Income (SSI)
Eligibility Requirement	Must have earned enough work credits through payroll taxes.	Based on financial need; no work history required.
Medical Requirement	Must have a qualifying disability per SSA guidelines.	Must have a qualifying disability or be 65+ years old.
Monthly Benefit Amount	Based on past earnings.	Set federal benefit rate, adjusted for income.
Asset Limits	No asset limits.	Must have less than $2,000 in assets ($3,000 for couples).
Health Coverage	Eligible for Medicare after 24 months.	Eligible for Medicaid immediately.
Work Incentives	Trial Work Period (TWP) and Ticket to Work programs available.	Some income exclusions apply, but strict limits exist.

Why You Need a Minnesota Social Security Disability Attorney

Many applicants face denials during the initial claim process due to missing documentation, technical errors, or lack of sufficient medical evidence. An experienced disability lawyer can help by:

Filing an initial application with all necessary medical and work records.
Appealing a denial and representing you in hearings.
Gathering additional medical evidence and expert opinions to strengthen your claim.
Communicating with the SSA on your behalf.

Having a legal advocate increases your chances of winning your case and securing the benefits you need.

The Social Security Disability Application Process

Filing for Social Security Disability benefits involves multiple steps:

Initial Application - Submit a claim with medical records, work history, and other supporting documents.
Reconsideration - If denied, you can request a reconsideration within 60 days.
Administrative Law Judge (ALJ) Hearing - If reconsideration is denied, you can request a hearing before a judge.
Appeals Council Review - If the ALJ denies your claim, you may appeal to the SSA Appeals Council.
Federal Court Appeal - The final step is filing a lawsuit in federal court if all prior appeals are denied.

Each stage requires extensive documentation, legal arguments, and often a hearing before a judge. An attorney can help navigate these complexities and increase your chances of approval.

Common Reasons for SSD Denials

The SSA denies many initial disability claims. Common reasons include:

Insufficient Medical Evidence - Lack of medical records proving disability.
Failure to Follow Treatment - Not adhering to prescribed medical treatments.
Earnings Above SSA Limits - Engaging in substantial gainful activity (SGA).
Prior Denials Without New Evidence - Resubmitting a claim without addressing previous denials.
Lack of Work Credits (for SSDI) - Not having enough work history to qualify.

A Minnesota SSD lawyer can help address these issues, collect necessary evidence, and appeal denied claims effectively.

How a Minnesota Social Security Disability Attorney Can Help

Navigating the Social Security Disability (SSD) process alone can be frustrating, especially if you're dealing with a medical condition. An experienced Minnesota Social Security Disability attorney can provide valuable assistance at every stage, including:

1. Helping with the Initial Application

Many applicants receive denials simply due to incomplete paperwork or lack of supporting evidence. An attorney can:

Ensure all medical records, work history, and personal details are correctly submitted.
Work with your doctors to obtain detailed medical statements.
Help you avoid common mistakes that lead to denials.

With legal guidance, you can submit a stronger initial application, reducing the likelihood of a rejection.

2. Handling the Appeal Process

If your initial claim is denied, don't lose hope-most applicants are rejected on their first attempt. The SSA provides multiple appeal levels, and an attorney can help you navigate them effectively. These include:

Request for Reconsideration - A review of your case by a different SSA official.
Hearing Before an Administrative Law Judge (ALJ) - Your lawyer can present evidence, question witnesses, and argue your case before a judge.
Appeals Council Review - If the ALJ denies your claim, you can request a higher-level review.
Federal Court Lawsuit - As a last resort, your attorney can file a lawsuit in federal court.

Each level of appeal has strict deadlines, and missing one can result in losing your right to appeal. A lawyer ensures all steps are followed correctly.

Appeal Level	Description
Reconsideration	A different SSA official reviews your case.
Administrative Law Judge (ALJ) Hearing	A judge reviews your case and allows testimony.
Appeals Council Review	The Appeals Council evaluates the ALJ's decision.
Federal Court Lawsuit	A federal judge reviews the SSA's decision.

3. Gathering Strong Medical Evidence

The SSA bases disability decisions on medical evidence, so providing clear, detailed records is critical. A lawyer can:

Work with your doctors to obtain comprehensive reports.
Request additional medical evaluations if needed.
Ensure your records address the SSA's definition of disability.

This evidence can make the difference between approval and denial.

4. Preparing for a Disability Hearing

One of the most crucial stages in the SSD process is the hearing before an Administrative Law Judge (ALJ). Your attorney will:

Prepare you for questioning so you can explain your condition clearly.
Cross-examine SSA experts (vocational or medical specialists).
Present compelling legal arguments in support of your claim.

Having legal representation greatly improves your chances of winning your case at this stage.

How Long Does It Take to Get Social Security Disability Benefits?

The SSD process can take several months or even years, depending on your case. Here's a general timeline:

Initial Application Decision - 3 to 6 months.
Reconsideration - 3 to 5 months.
ALJ Hearing - 12 to 24 months wait time in many cases.
Appeals Council & Federal Court - Can take several more months or years.

An attorney can help speed up the process by ensuring your application is accurate and complete the first time, reducing the risk of delays due to denials.

Social Security Disability Benefits and Work

One of the most common concerns for SSD recipients is whether they can work while still receiving benefits. The Social Security Administration (SSA) allows recipients to engage in limited employment under specific guidelines known as "Substantial Gainful Activity" (SGA). The SSA sets income limits each year, defining how much a person can earn before it affects their eligibility for disability benefits.

Additionally, the SSA offers Trial Work Periods (TWP), allowing recipients to test their ability to return to work without immediately jeopardizing their benefits. During this period, you can work for a limited time while still receiving your full disability payments.

Choosing the Right Minnesota Social Security Disability Lawyer

When selecting a Social Security Disability attorney in Minnesota, consider:

Experience handling SSD claims and appeals.
Client success rates in disability hearings.
Clear communication and a willingness to fight for your case.

At Heritage Law Office, we provide personalized legal assistance to help you secure the benefits you deserve.

Contact a Minnesota Social Security Disability Attorney Today

If you are applying for Social Security Disability benefits or need to appeal a denial, having an experienced attorney can make all the difference. At Heritage Law Office, we help clients across Minnesota navigate the SSD process and fight for the benefits they deserve.

📞 Call us today at 414-253-8500 or contact us online at Heritage Law Office to schedule a consultation.

Frequently Asked Questions (FAQs)

1. How do I qualify for Social Security Disability benefits?

To qualify for Social Security Disability Insurance (SSDI), you must have a medical condition that prevents you from working and is expected to last at least one year or result in death. Additionally, you must have earned enough work credits by paying Social Security taxes. If you don't have sufficient work history, you may still qualify for Supplemental Security Income (SSI) based on financial need.

2. What medical conditions qualify for Social Security Disability?

The Social Security Administration (SSA) has a list of impairments known as the Blue Book, which includes conditions such as:

Musculoskeletal disorders (e.g., severe arthritis, back injuries)
Cardiovascular conditions (e.g., heart disease, chronic heart failure)
Neurological disorders (e.g., multiple sclerosis, epilepsy, Parkinson's disease)
Mental health conditions (e.g., depression, bipolar disorder, PTSD)
Autoimmune diseases (e.g., lupus, rheumatoid arthritis)

Even if your condition is not listed, you may still qualify if it significantly limits your ability to work.

3. What should I do if my Social Security Disability claim is denied?

If your SSD claim is denied, you should:

Request a reconsideration within 60 days.
If denied again, request a hearing before an Administrative Law Judge (ALJ).
Prepare for the hearing with additional medical evidence and legal representation.
If denied at the hearing, you can appeal to the Appeals Council and, if necessary, file a federal court lawsuit.

A Minnesota Social Security Disability attorney can guide you through the appeals process and improve your chances of approval.

4. How long does it take to receive Social Security Disability benefits?

The SSD process varies by case, but general timeframes include:

Initial Application - 3 to 6 months
Reconsideration Appeal - 3 to 5 months
Hearing Before an ALJ - 12 to 24 months
Appeals Council/Federal Court - Several additional months or years

Working with a lawyer can help prevent delays and ensure your application is as strong as possible.

5. Can I work while receiving Social Security Disability benefits?

Yes, the Social Security Administration (SSA) allows disability recipients to work on a limited basis. However, there are specific guidelines about how much you can earn while continuing to receive benefits. Each year, the SSA sets a maximum earnings limit known as Substantial Gainful Activity (SGA). If you earn above this limit, it may affect your eligibility.

Additionally, the SSA offers a Trial Work Period (TWP), a temporary period during which you can attempt working without immediately risking your disability benefits. This allows you to test your ability to work while still receiving full benefits.

An attorney can help you understand your work options and how they may impact your benefits.