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Easter & DeVore: Knoxville Social Security Disability Attorneys

Social Security Disability Attorney in Knoxville, TN

Social Security Disability Form

Navigating the process of applying for Social Security Disability (SSD) benefits can be overwhelming, especially when you are already dealing with a serious medical condition. At Easter & DeVore, we provide skilled legal representation for individuals in the Knoxville, TN area seeking Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Our goal is to help you secure the benefits you deserve and provide the support you need throughout the process.

Understanding SSDI and SSI Benefits

The Social Security Administration (SSA) offers two main types of disability benefits:

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    When did this condition affect your ability to work?

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    • Social Security Disability Insurance (SSDI) is available to individuals who have worked and paid into the Social Security system through payroll taxes. Eligibility is based on work history and having a qualifying medical disability that prevents substantial gainful activity.
    • Supplemental Security Income (SSI) is a needs-based program for individuals with limited income and resources. It also requires proof of a disabling condition but does not depend on prior work history.

    A key difference between SSDI and SSI lies in their financial and technical eligibility requirements. SSDI is based on work credits, which you earn by working and paying Social Security taxes. The number of credits you need depends on your age at the time of disability. SSI, on the other hand, has strict limits on income and countable assets (such as cash, bank accounts, and certain types of property).

    It is possible to apply for both programs simultaneously if you meet the medical requirements for disability and also have limited income and assets. Our initial assessment always involves a thorough review of your work history and financial situation in order to determine the best claim strategy and make sure we pursue all benefits you may be entitled to.

    Our attorney helps us determine which programs you may be eligible for and ensures that your application accurately reflects your medical and financial circumstances. We carefully prepare the technical and financial aspects of your application to avoid any potential procedural issues. For SSDI, our attorney verifies your work history directly with the Social Security Administration. For SSI, they provide crucial guidance on how assets and household income are calculated, and they help us gather the necessary documents to prove financial eligibility. This helps prevent delays and misunderstandings from the outset, ensuring a smoother application process.

    • Devin’s office has been a lifeline at the most challenging time of my life and has provided the best practices in facilitating my SSDI claim with urgency and compassion.

      Matthew


    Read More Testimonials From Our Clients!

    Qualifying for Disability Benefits

    To qualify for SSD benefits, you must demonstrate that you have a medically determinable physical or mental impairment that:

    • Has lasted or is expected to last at least 12 months (or result in death), and
    • Prevents you from performing any substantial gainful employment

    The SSA uses a five-step evaluation process to determine whether you meet the definition of disability. First, they check whether you are engaged in Substantial Gainful Activity (SGA), earning above a certain amount each month. If so, your claim will be denied. Then, they determine whether your impairment is severe, meaning it significantly limits your ability to do basic work. Next, they check to see if your condition matches one of the listed impairments in the Blue Book.

    If it does, you will be approved. Otherwise, the process continues. The SSA then assesses your Residual Functional Capacity (RFC), which is what you can still do despite your limitations. They also consider your age, education, and work history to see if you could adjust to other types of work in the national economy. We strategically build your case at each of these potential decision points.

    The SSA evaluates both the severity of your condition and your ability to perform past work or adjust to other work. Common qualifying conditions include:

    • Musculoskeletal disorders (e.g., back injuries, arthritis)
    • Cardiovascular conditions
    • Neurological disorders (e.g., epilepsy, multiple sclerosis)
    • Mental health conditions (e.g., depression, anxiety, PTSD)
    • Cancer and immune system disorders

    It is important to understand that a medical diagnosis alone is not sufficient for the Social Security Administration (SSA) to determine your eligibility for disability benefits. The SSA needs extensive medical evidence to support your claim, including documentation of the functional limitations caused by your condition. For example, if you have a diagnosis of arthritis, it is not enough to simply have that diagnosis.

    You will need to provide evidence that your arthritis limits your ability to perform daily activities such as sitting, standing, walking, lifting, or manipulating objects for a full workday. We specialize in helping our clients translate their medical records into the language that the SSA understands. For conditions such as chronic pain, fibromyalgia, or mental health conditions where objective testing may be limited, we can work with your doctor to obtain detailed reports and assessments that clearly describe your work-related limitations.

    We help you gather the necessary medical records, work history, and personal documentation to strengthen your application. 

    The SSD Application Process

    Many SSD claims are initially denied due to incomplete applications, insufficient medical evidence, or missed deadlines. Our firm assists clients at every stage of the process, including:

    • Preparing and filing the initial application
    • Responding to SSA requests for additional information
    • Filing appeals and representing clients at disability hearings

    Statistics show that approximately two-thirds of initial applications are rejected. The appeals process is complex and time-consuming. After an initial rejection, you have 60 days to request reconsideration, which involves a paper review by another SSA examiner. If this is also rejected (as is most often the case), you have another 60-day period to ask for a hearing before an administrative law judge (ALJ). This hearing is the most crucial stage, where your chances of success increase significantly with legal representation.

    We carefully prepare you for this hearing by developing a strategy for your case, obtaining necessary records or witnesses through subpoenas, and creating a pre-hearing document for the judge. During the hearing, we will conduct direct questioning of you and any witnesses, cross-examination of experts in your field, and presentation of a strong closing argument.

    • I just want to say Mr.DeVore and his team done a marvelous job at getting my disability and it was done in a timely manner words can’t say how much I appreciate them I highly recommend them to everyone what amazing job and well done thank you all so much.

      Angela

    Continued Eligibility and Overpayments

    Once you have been approved for SSDI or SSI benefits, the Social Security Administration (SSA) may periodically review your case to ensure that you continue to qualify for benefits. The SSA helps clients respond to these continuing disability reviews (CDRs) and resolves disputes related to overpayments, changes in income, or resources. A CDR can be a stressful experience that potentially jeopardizes your benefits. We can help you prepare for these reviews by gathering updated medical documentation to prove that your condition continues to be disabling.

    Overpayment notices demanding repayment of benefits that the SSA believes you were not entitled to are also common. These notices can be difficult to deal with financially. We assist clients in challenging these overpayment decisions by filing appeals, negotiating repayment plans, and helping them avoid unintentional violations of program rules. We also provide advice on how employment, inheritance, and other financial changes may affect your SSI or SSDI benefits.

    Learn More Social Security Disability Insurance

    Contact Easter & DeVore

    If you are unable to work due to a disability and need help applying for Social Security Disability benefits in the Knoxville, TN area, contact Easter & DeVore today. We are committed to guiding you through the SSD process and securing the financial support you need. Schedule a consultation to get started on your claim.

    Common Social Security Disability FAQ

    What’s the difference between SSDI and SSI benefits?

    Social Security Disability Insurance (SSDI) is based on your work history and the payroll taxes you’ve paid. Supplemental Security Income (SSI) is a needs-based program for disabled individuals with very limited income and resources, regardless of work history. We can evaluate your situation to determine which program(s) you qualify for.

    How does the SSA define “disability”?

    The SSA defines a qualifying disability as a severe physical or mental medical condition that: 1) prevents you from doing your previous work and any other substantial gainful activity, 2) has lasted or is expected to last at least 12 months, or result in death. It’s a strict legal definition, and we help prove your condition meets these criteria.

    Why are so many initial SSD applications denied?

    Denials are common, often due to incomplete applications, insufficient medical evidence, technical errors, or because the SSA determines you can perform some type of other work. An initial denial is not the end. We focus on building a strong appeal with the detailed evidence needed to succeed at the hearing stage.

    What happens if my claim is denied?

    You have the right to appeal. The stages are: Reconsideration (a fresh review), a Hearing before an Administrative Law Judge (the most critical stage), and further appeals. We strongly recommend legal representation, especially at the hearing, where we can present your case, question vocational experts, and cross-examine medical witnesses.

    How long does the SSD process take?

    It varies, but it is often a lengthy process. After an initial application (3-6 month decision), if denied and appealed, it can take 12-24 months or more to get a hearing date. We work to move your case forward efficiently while building the strongest possible evidence for your hearing.

    What medical evidence is most important for my claim?

    Consistent, detailed records from your treating doctors are crucial. This includes: diagnoses, clinical findings (exam notes, test results), treatment plans, medications, and your doctor’s opinion on your functional limitations (what you cannot do). We help gather and organize this evidence to create a clear picture of your disability.

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