Appealing a SSDI denial

You might think the most difficult part of suffering a disability that keeps you from working is the inability to perform as you once did in order to provide for yourself and your family. 

This can be a frustrating and humbling experience, and it can affect your sense of self-worth.

However, your trials and tribulations don’t begin and end with your disability.  You also have to fight an uphill battle to secure the social security disability payments you’re due. 

Unfortunately, it’s more likely than not that your initial claim will be denied.  This is no surprise to those familiar with social security disability claims in South Dakota.  The forms are incredibly complex and intimidating.  Even highly educated individuals are apt to make a mistake that results in denial.

This is why it’s so important to work with a qualified attorney that knows the ins and outs of the process and has the expertise to guide you through.  The trusted professionals at the Griese Law Firm specialize in disability claims and are prepared to help you overcome every hurdle in order to get the payout you’re due and ensure you can continue to support your household.

Should You Hire a Lawyer to Appeal a Social Security Disability Denial?

Whether you’ve suffered an accident, injury, or illness that leaves you unable to work for an extended period of time, a mental health disability is stopping you from seeking gainful employment, or there are other valid reasons for submitting a social security disability claim, a denial could feel like total defeat.  This is not the case when you partner with the qualified professionals at the Griese Law Firm to fight for your disability payments.

If you have been denied social security disability benefits, the Griese Law Firm can offer the knowledge, experience, and resources required to appeal the denial and gain approval through the court system.

What Does the Appeals Process Entail?

After your initial application is denied, your attorney will file a request for reconsideration. This may be denied one or more times.  When this happens, a request for a hearing will be filed and your attorney will have the opportunity to present your case.  With the qualified attorneys from the Griese Law Firm by your side, you have the best chance to expedite this process and come out ahead.

Don’t suffer another day of worry about the denial.

Contact the qualified attorneys at the Griese Law Firm today at 605-271-0115.

Applying for SSDI

When you find yourself in a position where you have to apply for social security disability insurance, or SSDI, the process may not seem terribly complicated.  After all, you simply fill out and submit a questionnaire, which seems pretty straightforward.  It’s not uncommon for applicants to assume they can manage the process alone, without the aid of a qualified attorney.

Unfortunately, the majority of claims are denied because the process is much more complex than the average person might assume.  Applicants must provide detailed answers and requested medical information if they want any hope of gaining approval, and often, small errors result in denial.  Even with the assistance of an attorney that specializes in SSDI applications, it’s not easy to gain approval on the initial claim submission.

That said, the caring professionals at the Griese Law Firm have the expertise to guide you through the process, however long it may take, and give you the best chance for a successful outcome.  Here’s what you can expect when you partner with the qualified SSDI specialists at the Griese Law Firm.

Expertise

The process of getting approved for SSDI benefits can be long and tedious, even if you think you have a clear-cut case for receiving benefits.  It starts with filing your initial claim, which includes answering a lot of questions.

If you fail to provide correct, adequate, or proper information, including information from associated doctors or medical facilities, your claim will certainly be denied.  Even if you think you’ve done everything correctly, your seemingly straightforward claim may not pass muster.

 The knowledgeable and experienced professionals at the Griese Law Firm have the resources and expertise to help you compile all necessary information and complete your application as fully as possible before submitting.  This can significantly increase your chances of gaining approval for your SSDI claim the first time around.

Even if your claim is initially denied, the attorneys at the Griese Law Firm are well-versed in the appeals process, and are ready to guide you through requests for reconsideration, requesting and preparing for a hearing, and presenting your case in front of a judge.  This process can be long and frustrating, but having a legal specialist to help you through can expedite the proceedings and vastly improve your odds of a successful outcome.

Advocacy

Qualified SSDI attorneys do so much more than simply file paperwork and appear in court on your behalf.  The caring professionals at the Griese Law Firm proudly act as your advocate throughout the process, providing advice, managing filings and preparation for hearings, and doing everything possible to ensure that you get the SSDI benefits you deserve in the shortest time possible.

Fair and Ethical Treatment

The professionals at the Griese Law Firm are proud to help those with physical, mental, and emotional disabilities receive the benefits they’re due.  You faithfully put money into social security and you deserve to receive benefits when you suffer a disability that prevents you from working.

Under the law, specialist working to help clients gain approval for SSDI claims only get paid if your claim is approved, and even then, fees are collected from back payments and cannot exceed 25% of back payments, for a total of no more than $9,200.

Before you file your SSDI claim alone, consider what the expert attorneys at the Griese Law

Firm can do for you.  Contact us today at 605-271-0115.

Can a DUI Affect My Child Custody Case?

If you are a parent in the midst of divorce or custody litigation who has recently been charged with a DUI, you are probably asking yourself whether it will hurt your chances of child custody.

Unfortunately, the short answer is yes, DUI charges will be a factor assessed in your custody case, regardless of whether it is joint or full custody. When it comes to South Dakota DUI laws, certain factors have a larger impact on child custody than others, including whether or not the DUI was accompanied by any other charges. It will also be affected by any other convictions levied against you, the quality of relationship you maintain with your former partner, and the overall strength of the state’s case.

Fortunately, DUI charges rarely have any impact on legal custody, meaning you will still have a say in regards to your child’s medical treatments, general welfare, and education.

However, DUIs often have the most significant affect in regards to physical custody, which pertains to where the child lives. To help give you a better understanding, here are a few brief examples of how a DUI can harm your chances of child custody.

DUIs Affect Your Ability to Drive

Sometimes a DUI can result in a suspended license, even with a DUI defense attorney. Unfortunately, having your license suspended will affect your overall mobility, impacting whether or not you are able to run errands with and for your children. This may prove to be more bearable if you live in an area where everything is within walking distance, but if you live somewhere plagued by heavy traffic, the outcome would be far less desirable.

Additionally, the ability to drive and have reliable transportation is a crucial factor nearly all employers take into account before hiring someone. If your ability to drive affects your ability to maintain dutiful employment just think about the adverse impact it will have on your custody chances.

Co-Parenting

Getting charged with a DUI may necessitate parenting plan stipulations, which can include alcohol and other self-help classes. These may still be imposed even if you are not actually convicted, so consider doing your best to maintain civility with your spouse. A drunk driving attorney would be effective here, as they could advocate professionally on your behalf and configure the proposed stipulations in accordance with your best interest.

Other Charges

Every subsequent DUI charge against you will worsen any allegations made against you.

Conversely, if you have priors related to drinking, drugs, weapons, or anything therein, you can expect those to weigh heavily on your fresh DUI charge. This is because multiple charges enable one to build a comprehensive, albeit potentially inaccurate, behavioral profile.

Whether accurate or not, you don’t have to be a DUI specialist to understand that it means you ultimately lose the presumption of innocence. Don’t let this be you. 

Put your best foot forward and hire a DUI attorney at Griese Law today.

What’s a Suspended Imposition of Sentence?

A Suspended Imposition of Sentence (SIS) in South Dakota is a legal option in criminal cases that allows a court to withhold the formal entry of a conviction on a defendant's record, provided they successfully complete specific conditions set by the court.

Key Features of a “SIS”:

1. Eligibility:

   • Available to individuals who plead guilty or are found guilty of certain crimes.

   • Generally not available for violent crimes, habitual offenders, or dishonest offenses.

   • Often used for first-time offenders or cases with mitigating circumstances.

   • The Court must find that the ends of justice and the best interests of the Defendant and society is served by granting the SIS.

2. No Formal Conviction (**with some caveats)

   • If the individual successfully completes probation or other court-ordered conditions, the court does not formally enter a conviction.

   • Upon successful completion of conditions, the case is essentially dismissed, and the individual avoids a permanent criminal record for the offense.

   • *** The caveats are that the SIS will still remain on your record and can be used as a conviction to aggravate further convictions (for example: it can be used as a part II habitual or can be used to aggravate a DUI to a 2nd offense)

3. Conditions of SIS:

   • The court typically imposes conditions such as:

     • Probation supervision.

     • Restitution payments.

     • Community service.

     • Substance abuse counseling or treatment.

     • Staying law-abiding during the probation period.

   • Failure to meet these conditions can result in the imposition of the original sentence and then face an open sentence

4. Benefits:

   • The individual's record remains clean of a conviction, which can be advantageous for employment, education, housing, and other opportunities.

   • A successful SIS may allow the individual to truthfully state they have not been convicted of a crime (depending on the specific legal context and how the question is asked).

5. Limitations:

   • The SIS does not erase the record of arrest or court proceedings, but it prevents the entry of a conviction.

   • Law enforcement and courts may still access the record, even though it isn’t publicly visible as a conviction.

   • An SIS cannot be granted if the defendant has a prior felony conviction or has previously received an SIS.

   • The prosecutor and Defendant can not plea negotiate for a SIS, it is only up to the Judge’s discretion whether they will grant it.

Example:

If someone is charged with a DUI 1st offense and granted an SIS, they may be required to complete treatment assessment and follow through on recommendations, do 30 days of 24/7 sober monitoring, pay a fine, and not get a similar driving offense for 360 days. If they meet these conditions, the court grants the SIS, and there is no DUI conviction on their history. The person also would not have a driver license revocation, where there normally is 30 day driver license revocation, and they would not have to report it to insurance.

This legal mechanism can offer a second chance, especially for first-time offenders, while still holding them accountable for their actions.