When you’re hurt and unable to work, Social Security disability benefits can provide a welcome safety net of income. However, obtaining these funds is often more difficult than it should be.
The number of applicants combined with the tedious regulations of the Social Security Disability Insurance (SSDI) program means that the application process can move at a snail’s pace. To increase the chances of getting your money sooner, you may want to consult Social Security disability lawyers in Oklahoma.
An Oklahoma Social Security Disability attorney at Cottrell Law Office can help you avoid preventable mistakes, gather the right medical evidence, and move your claim through the process as efficiently as possible.
Here, we share an overview of the Social Security disability approval process.
What Is Social Security Disability?
The Social Security Disability Insurance program pays injured workers who paid Social Security taxes on their income. Social Security disability payments continue as long as you are disabled and can’t work.
Who Qualifies for Oklahoma Social Security Disability?
To qualify for disability benefits, you must have a physical or mental disability that prevents you from working. This means that you can’t perform the work you did before your injury and you can’t perform any other job. Your disability must be expected to last 12 months or more or result in death.
The Social Security Administration (SSA) issues “work credits” based on your length of employment and income. You must have the required work credit minimum to qualify for Social Security disability payments.
Members of your family, such as your spouse and children, may also receive Social Security benefits based on your disability. Each eligible family member can receive up to half of your eligible disability benefit amount. However, the total distribution to your family members is capped at around 150% of your disability benefit.
What Conditions Qualify for Social Security Disability in Oklahoma?
The Social Security Administration applies the same federal disability rules nationwide. To qualify as an adult, you generally must have a medically determinable condition that prevents substantial gainful activity and has lasted, or is expected to last, at least 12 months or result in death.
Qualifying conditions can include:
- Musculoskeletal disorders—back injuries, joint problems, spinal disorders, and other conditions that seriously limit movement or physical activity;
- Neurological disorders—epilepsy, multiple sclerosis, Parkinson’s disease, traumatic brain injuries, and similar conditions;
- Heart and respiratory conditions—serious cardiovascular disease, chronic heart failure, COPD, and other conditions that restrict physical activity;
- Mental health conditions—depression, bipolar disorder, anxiety disorders, schizophrenia, and other impairments that significantly interfere with functioning;
- Cancer and immune disorders—certain cancers, autoimmune diseases, HIV-related conditions, and other serious illnesses; and
- Multiple combined conditions—several impairments can qualify you even when no single diagnosis would establish disability by itself.
You do not necessarily have to meet one of SSA’s listed impairments. SSA can also approve your claim if your limitations prevent you from doing your previous work or adjusting to other work. An Oklahoma Social Security Disability lawyer at Cottrell Law Office can help show how your medical condition affects what you can actually do on a sustained basis.
Steps to Getting Disability Benefits
Injured workers may not know how to apply for disability in Oklahoma.
Getting Social Security disability benefits requires these steps:
- You file an application;
- The Social Security Administration reviews your application and checks your medical and employment records;
- The SSA may request more information, such as a medical evaluation or additional records; and
- The SSA approves or denies your application.
If your disability application is approved, you will start receiving benefits. If your disability application is denied, you can appeal the SSA decision.
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What Happens at an Oklahoma Social Security Disability Hearing?
If SSA denies your claim after reconsideration, you can request a hearing before an administrative law judge. Oklahoma hearings are handled by SSA’s Office of Hearings Operations, formerly known as ODAR, with hearing offices serving claimants in Oklahoma City and Tulsa.
At the hearing:
- The judge reviews your medical record—this includes treatment notes, testing, diagnoses, medications, and evidence of your functional limitations;
- You answer questions—the judge may ask about your symptoms, daily activities, past jobs, and why you believe you cannot work;
- Experts may testify—vocational or medical experts can provide opinions about your limitations or the types of work SSA believes you could perform; and
- Your attorney can present your case—your lawyer can explain the medical evidence, question experts, address weaknesses in the record, and argue why you meet SSA’s disability standard.
SSA offers several hearing formats, including in-person, telephone, agency video, and online video hearings. Wait times vary between the Oklahoma City and Tulsa hearing offices and can change as caseloads fluctuate.
How Long Do You Have to Appeal an Oklahoma SSDI Denial?
Most Social Security disability appeals have a strict deadline. You generally have 60 days from the date you receive an SSA decision to request the next level of review, and SSA usually assumes you received the notice 5 days after the date on the letter.
The appeals process generally includes:
- Reconsideration—SSA conducts a new review after the initial application is denied,
- Administrative law judge hearing—you can request a hearing if SSA denies the claim again at reconsideration,
- Appeals Council review—you can ask the Appeals Council to examine an unfavorable hearing decision, and
- Federal court—after completing the administrative appeals process, you may have the right to file a federal lawsuit challenging SSA’s decision.
Contacting Cottrell Law Office soon after a denial can protect your appeal rights while giving you time to identify what evidence your original claim lacked.
How Is Oklahoma SSD Back Pay Calculated?
If SSA approves your disability claim after a long wait, you may receive benefits for some of the months that passed before the approval. The rules differ between SSDI and SSI.
For SSDI, SSA generally considers:
- Your disability onset date. SSA determines when your qualifying disability began.
- Your application date. SSDI can sometimes include benefits for as many as 12 months before you applied.
- The five-month waiting period. Most SSDI applicants cannot receive benefits for the first five full months after their established disability onset date.
- Your monthly SSDI amount. SSA uses your earnings history to determine the monthly benefit used to calculate past-due benefits.
An Oklahoma Social Security Disability attorney at Cottrell Law Office can help you review SSA’s back-pay calculation and determine whether the agency used the correct dates and benefit amounts.
How Can an Oklahoma Social Security Disability Attorney Assist You?
Many people with disabilities attempt to navigate the Social Security disability application on their own. Unfortunately, the Social Security system is so complicated that claims may be unfairly delayed or denied.
Advocate for You to Receive Benefits
A lawyer who understands the Social Security disability system can advocate for your needs.
Your Oklahoma Social Security disability attorney will take these actions:
- Help fill out paperwork;
- Check your application for errors;
- Submit your claim; and
- Work to get you fair disability payments.
Your lawyer can help you avoid mistakes in the application process that lead to claim denials. For instance, your attorney will make sure your application is completed correctly.
Work on Contingency
Some people worry that they can’t afford to pay Oklahoma disability attorneys. However, many Social Security disability attorneys work to help clients who can’t afford a lawyer. At Cottrell Law Office, we work on contingency, meaning that you don’t pay us anything up front. You pay us nothing until we get you disability benefits.
Contact an Oklahoma Social Security Disability Lawyer at Cottrell Law Office for Assistance with Your Oklahoma Disability Benefits
You shouldn’t risk the denial of Social Security disability benefits due to an application mistake. Because so much income is at stake, you should seek assistance from an experienced Oklahoma disability lawyer.
Contact Oklahoma Social Security disability lawyer Wesley Cottrell at Cottrell Law Office to discuss your disability application.
Here are some things you should know about Wesley:
- Wesley has 32 years of experience helping injured workers;
- He has a reputation as one of the best disability lawyers in Oklahoma; and
- He shows compassion and respect for each client, working with dedication to get them all available compensation.
Instead of trying to figure out this complex system on your own, get experienced legal representation. Contact Wesley or call (800) 364-8305 for a free consultation to learn more about your legal options for obtaining disability benefits.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other sources during the content development process:
- U.S. Social Security Administration: Disability Evaluation Under Social Security
- U.S. Social Security Administration: Hearing Office Workload Data FY
- U.S. Social Security Administration: Understanding Supplemental Security Income Appeals Process
- U.S. Social Security Administration: Disability Benefits | You’re Approved