Get Started with a Free Consultation, Se Habla Español.
Sioux Falls Disability Benefits Attorney
Protecting Your Rights to Disability Benefits in South Dakota
Living with a disability can make it difficult—or even impossible—to maintain steady employment. For many, disability benefits are the only way to cover basic living costs, pay medical bills, and provide for family needs. Unfortunately, the process of applying for these benefits is often overwhelming, full of paperwork, deadlines, and denials.
At King Law Firm, our Sioux Falls disability benefits attorneys help clients across South Dakota pursue the benefits they deserve. Whether you are applying for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or appealing a denied claim, we are here to protect your rights every step of the way.
Call (605) 250-3209 to discuss your needs with a caring, knowledgeable team invested in your outcome.
What Are Disability Benefits?
Disability benefits exist to help those who can no longer work due to serious health issues. In Sioux Falls, individuals may qualify for support through federal Social Security programs or private policies:
- Social Security Disability Insurance (SSDI): For individuals unable to work due to a long-term or permanent disability and who have paid into the Social Security system via employment taxes.
- Supplemental Security Income (SSI): For disabled, blind, or elderly people with limited income and resources. SSI doesn’t require a work history but imposes strict financial limits.
- Private Long-Term Disability Insurance: Provided by employers or purchased personally, these policies supplement (or in some cases, replace) Social Security income for those who become unable to work due to chronic illness or injury.
Who Qualifies for Disability Benefits?
SSDI Eligibility
To qualify for SSDI, you must:
- Have a medical condition that meets SSA’s definition of disability, meaning you cannot perform past work, cannot adjust to new work, and your disability is expected to last at least one year or result in death.
- Have earned enough work credits by paying into the Social Security system. Typically, you need 40 credits, with 20 earned in the last 10 years, though the number varies based on your age.
SSI Eligibility
To qualify for SSI, you must:
- Be disabled according to SSA standards.
- Meet strict income and asset requirements.
Because some applicants meet the criteria for both programs, the same application is used for SSDI and SSI.
Private Long-Term Disability Insurance
Coverage criteria depend on policy terms but generally require you to demonstrate how your condition impacts your ability to perform your job or any job suited to your skills and background.
Medical Conditions That May Qualify
SSA maintains a list of qualifying medical conditions, but approval depends not just on diagnosis but also on severity and how it limits your ability to work. Conditions often qualifying for disability benefits include:
- Chronic illnesses such as diabetes, COPD, or heart disease
- Neurological disorders like Parkinson’s disease, epilepsy, or multiple sclerosis
- Mental health conditions including severe depression, anxiety, or PTSD
- Cancer and other serious medical treatments
- Musculoskeletal disorders such as arthritis or chronic back pain
- Autoimmune diseases like lupus or rheumatoid arthritis
Even if your condition is not specifically listed, you may still qualify if you can show it prevents you from maintaining employment.
How to Apply for Disability Benefits
Applying for disability benefits requires careful preparation and documentation. You can:
- Apply online at ssa.gov/applyfordisability
- Apply in person at your local SSA office
- Call SSA’s toll-free number: 1-800-772-1213
You’ll need to provide:
- Detailed medical records
- Work history and earnings
- Financial documents (for SSI applicants)
The application process can take months, and for SSDI there is a five-month waiting period before payments begin. SSI benefits usually begin one month after approval.
Our Sioux Falls disability benefits lawyers help clients gather the right evidence, complete forms correctly, and avoid common mistakes that delay or derail claims.
What Happens If You’re Approved?
Once approved, SSA will send you a notice of award and begin making monthly payments after the waiting period. Benefits may include:
- Monthly cash payments for living expenses
- Access to Medicare (for SSDI)
- Possible benefits for your spouse or children
SSA reviews cases periodically to confirm eligibility, so ongoing documentation is important.
If managing benefits is difficult, you can appoint a representative payee to receive and manage your payments on your behalf.
What If You’re Denied?
Many initial applications are denied. However, denial is not the end of the road. With help from our disability attorneys, you can pursue appeals through several stages:
- Request for Reconsideration: Must be filed within 60 days of denial.
- Administrative Hearing: If reconsideration is denied, you may request a hearing before an Administrative Law Judge. Nearly two-thirds of applicants ultimately win benefits at this stage.
- Appeals Council Review: If the judge denies your claim, you can appeal to the SSA Appeals Council.
- Federal Court Appeal: A final level of review is available through the federal court system.
Because each stage has strict deadlines and complex procedures, having an attorney on your side greatly increases your chances of success.
Can You Work While Receiving Benefits?
Yes, SSA provides work incentives that allow beneficiaries to attempt returning to work without immediately losing benefits. These include:
- Trial Work Period: At least nine months where you can test your ability to work while still receiving full SSDI benefits.
- Extended Period of Eligibility: 36 months after the trial period, during which you can receive benefits for months when your income is below a set level.
These programs encourage individuals to try returning to the workforce without fear of losing essential support.
Special Situations
Certain applicants may face unique circumstances, including:
- Individuals who are blind
- Widows or widowers of deceased workers
- Parents applying for benefits on behalf of disabled children
- Veterans or wounded warriors
Our attorneys understand these special rules and can guide you through the specific requirements that apply.
Why Choose King Law Firm?
At King Law Firm, we know how important disability benefits are for you and your family. We combine compassionate client service with strong legal strategies to help you through every stage of the process.
What sets us apart:
- Experience with SSA claims: We know the local SSA offices, procedures, and common pitfalls.
- Tailored strategies: Every case is different, and we develop a plan that reflects your condition and personal circumstances.
- Aggressive advocacy: From gathering medical evidence to representing you at hearings, we fight for your right to benefits.
- Local knowledge: Based in Sioux Falls, we understand South Dakota’s laws and resources.
Contact a Sioux Falls Disability Benefits Attorney Today
If you or a loved one is struggling to secure SSDI or SSI benefits in South Dakota, don’t face the process alone. The skilled disability benefits lawyers at King Law Firm are here to guide you, protect your rights, and pursue the benefits you deserve.
Call us today at (605) 250-3209 or contact us online to schedule a free consultation.
What Our Clients Say About Our Service
We Are Here To Fight For You
-
“Megan and Molly were extremely kind to me and I will always be grateful. If you need someone to represent you, this is absolutely the place to go! Thank you”- Emilia V.
-
“I can't speak highly enough of David King and his staff. I had quite a tough case and even when turned away from another law firm, Mr. King took a chance on me.”- Brittany K.
-
“David was a delight to work with as well as Meagan and Mollie. Thank you all for your hard work at making it easy for me.”- Chris L.