Wisconsin Attorney for Social Security Disability

If you are struggling to obtain Social Security Disability (SSD) benefits in Wisconsin, you are not alone. The application process can be complex, and many initial claims are denied. Having an experienced Social Security Disability attorney on your side can make a significant difference in securing the benefits you need. Whether you are applying for the first time or appealing a denial, legal guidance can help you navigate the system effectively.

At Heritage Law Office, we assist individuals throughout Wisconsin in obtaining Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. Contact us by calling 414-253-8500 or filling out our online form for legal assistance.

Understanding Social Security Disability Benefits

Social Security Disability benefits are designed to provide financial support for individuals who are unable to work due to a medical condition. There are two primary types of disability benefits available through the Social Security Administration (SSA):

Social Security Disability Insurance (SSDI): Available to individuals who have worked and paid into Social Security for a sufficient period but can no longer work due to a qualifying disability.
Supplemental Security Income (SSI): A needs-based program for disabled individuals with limited income and resources, regardless of their work history.

Both programs require applicants to prove that their medical condition meets the SSA's definition of disability, which typically means:

You cannot perform substantial gainful activity (SGA).
Your condition has lasted or is expected to last at least 12 months or result in death.
You cannot adjust to other work due to your medical limitations.

Applying for these benefits can be challenging, and many claims are denied initially due to insufficient medical evidence or procedural errors. An attorney can help strengthen your claim and improve your chances of approval.

Key Differences Between SSDI and SSI

Feature	SSDI (Social Security Disability Insurance)	SSI (Supplemental Security Income)
Eligibility	Work history & Social Security contributions	Low-income individuals, regardless of work history
Income Limits	Can have other income sources, but must be below SGA	Strict income & asset limits
Medical Requirements	Must meet SSA's definition of disability	Must meet SSA's definition of disability
Benefits Amount	Based on past earnings	Fixed federal benefit amount ($943/month in 2024)
Medicare/Medicaid	Eligible for Medicare after 2 years	Eligible for Medicaid immediately

Why Are Social Security Disability Claims Denied?

Many SSDI and SSI claims are denied at the initial application stage. Some of the most common reasons for denial include:

Insufficient medical evidence - Lack of detailed medical records proving the severity of the disability.
Failure to follow treatment - Not adhering to prescribed treatments or therapies may weaken the claim.
Previous denials without appeal - If you simply reapply instead of appealing a denial, the same issues may arise.
Earning too much income - If you are working and earning above the SSA's substantial gainful activity (SGA) threshold, you may not qualify.
Lack of cooperation with the SSA - Missing deadlines, failing to submit requested documents, or not attending medical exams can result in denial.

If your claim has been denied, do not give up-you have the right to appeal. A skilled Social Security Disability attorney in Wisconsin can guide you through the appeals process and improve your chances of securing benefits.

Common Reasons for SSD Denials and How to Avoid Them

Reason for Denial	Explanation	How to Avoid
Insufficient Medical Evidence	SSA needs clear proof of disability	Provide detailed medical records, doctor's statements, and test results
Earning Above SGA Limit	Earning too much disqualifies applicants	Ensure income is below SSA limits before applying
Failure to Follow Treatment	Not following prescribed treatment raises doubts about the disability	Follow doctor's orders and document medical adherence
Incomplete or Incorrect Application	Missing details can result in an automatic denial	Work with an attorney to complete the application accurately
Lack of Work Credits (SSDI Only)	Not enough Social Security contributions to qualify	Check eligibility before applying; consider SSI if you lack work credits

The Social Security Disability Appeals Process

If your initial application is denied, you can appeal through several levels:

1. Reconsideration

A different SSA examiner reviews your case.
You can submit new medical evidence.
Many reconsideration requests are still denied, making further appeal necessary.

2. Hearing Before an Administrative Law Judge (ALJ)

A judge reviews your case in a hearing.
You (and potentially medical or vocational experts) testify about your disability.
Having legal representation significantly improves your chances of success.

3. Appeals Council Review

If the ALJ denies your claim, you can request a review by the SSA's Appeals Council.
The council can uphold the decision, overturn it, or send it back for another hearing.

4. Federal Court Appeal

If the Appeals Council denies your claim, the final step is filing a lawsuit in federal court.
This is a complex legal process that requires an experienced attorney.

Navigating these appeal levels can be overwhelming, but legal assistance increases the likelihood of a favorable outcome.

How an Attorney Can Help with Your Social Security Disability Claim

Navigating the Social Security Disability (SSD) process can be overwhelming, especially if you are facing a denial. An experienced Wisconsin Social Security Disability attorney can provide valuable assistance at every stage of the process, from initial application to federal court appeals. Here's how legal representation can improve your chances of success:

1. Building a Strong Application

An attorney helps gather the necessary medical documentation, work history, and supporting evidence to ensure your claim is complete and meets SSA requirements. They also help you avoid common errors that lead to denials.

2. Ensuring Medical Evidence Meets SSA Standards

Medical records are the foundation of any SSD claim. A lawyer works with your doctors, specialists, and healthcare providers to ensure your medical evidence:

Clearly demonstrates the severity of your condition.
Shows your inability to perform substantial gainful activity (SGA).
Aligns with the SSA's list of qualifying disabilities.

3. Handling Appeals and Representation at Hearings

If your claim is denied, an attorney will:

File an appeal and present additional evidence.
Prepare you for an Administrative Law Judge (ALJ) hearing, helping you understand the questions you may face.
Question vocational and medical experts to strengthen your case.
Ensure all deadlines and procedural requirements are met.

4. Minimizing Delays and Avoiding Pitfalls

The SSD process can take months or even years due to backlogs and SSA review times. An attorney helps avoid unnecessary delays by ensuring all paperwork is filed correctly and promptly.

5. Representing You in Federal Court, If Necessary

If your claim reaches the federal court level, legal representation is crucial. Attorneys familiar with SSD law understand how to argue your case effectively in court.

Frequently Asked Questions (FAQs)

1. What medical conditions qualify for Social Security Disability?

The SSA has a Listing of Impairments that outlines conditions that qualify for disability benefits. Common conditions include:

Musculoskeletal disorders (e.g., back injuries, arthritis)
Cardiovascular conditions (e.g., heart disease)
Neurological disorders (e.g., multiple sclerosis, epilepsy)
Mental health conditions (e.g., depression, PTSD, schizophrenia)
Respiratory illnesses (e.g., COPD, asthma)

If your condition is not on the list, you may still qualify if you can prove it prevents you from working.

2. How long does it take to get Social Security Disability benefits?

The timeline varies:

Initial decisions take 3 to 5 months.
Reconsideration appeals take 3 to 6 months.
ALJ hearings may take over a year due to backlogs.
If a claim reaches federal court, the process can extend further.

Having an attorney can expedite the process by ensuring accuracy and preventing unnecessary delays.

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

Yes, but there are income limits. The SSA considers Substantial Gainful Activity (SGA). Exceeding this amount may result in benefit termination. However, SSA offers work incentive programs like Trial Work Periods (TWP) that allow you to test working without losing benefits.

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

Do not reapply-appeal the denial instead. You typically have 60 days to file an appeal. The appeal process includes:

Reconsideration - A second review of your claim.
ALJ Hearing - A hearing before a judge.
Appeals Council Review - A higher-level review.
Federal Court Lawsuit - A final legal option.

An attorney can increase your chances of success by gathering additional evidence and representing you at hearings.

5. Can I receive back pay for Social Security Disability benefits?

Yes, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims can result in back pay (past-due benefits). SSDI back pay covers the time from your disability onset date to the approval date, minus a five-month waiting period. SSI back pay starts from your application date to approval. Back pay can be substantial, making timely filing and appeals important.

Contact a Wisconsin Social Security Disability Attorney

If you are applying for Social Security Disability benefits or appealing a denial, legal representation can improve your chances of approval. The process is complex, but you don't have to navigate it alone.

At Heritage Law Office, we are committed to helping individuals secure the disability benefits they deserve. Call us today at 414-253-8500 or fill out our online contact form to schedule a consultation. Let us help you get the financial support you need.