Tag: Disability Lawyer

When to Hire Social Security Disability Lawyers

If you are severely and permanently disabled, you may apply for Social Security Disability benefits. For you to qualify for Social Security disability, you must be considered fully disabled from performing any substantial, gainful work, and must be disabled or expected to remain bedridden for a minimum of one year. The Social Security Administration (SSA) may consider other income sources, such as pension and worker’s compensation benefits, in determining the amount of disability entitlement.

The local Social Security office will supply all necessary applications and assist in completing all forms for Social Security Disability.

In case the SSA denies you, you may request a reconsideration of their decision within 60 days. If the reconsideration is denied, you should consult our social security lawyers within 60 days to determine if it would be feasible to request a hearing before a United States Administrative Law Judge, see ODAR who will review the entire file and conduct a disability hearing.

How to Apply for Social Security Disability Benefits

The easiest way to qualify for Social Security Disability Benefits is via the internet. Social Security maintains an excellent website, www.ssa.gov, which is extremely comprehensive.

Once you have gathered the necessary information, you can complete the application online to apply. You must also submit an online disability report about your disability, your treatment, your medical providers, and current medications.

What happens if my disability application gets denied?

The Social Security Administration rejects 90% of all initial applications for social security disability benefits. Initial applications are reviewed by employees of Social Security, not by an ALJ. Once an applicant receives a denial of benefits, she or he has 60 days to appeal the decision. This must be done in writing, and the applicant must request a hearing before a Social Security judge. If your application for benefits has been denied, it’s a good idea to speak with an attorney and have them represent you in your appeal. Over 60% of those applicants who retain an attorney for their appeal are eventually awarded social security disability benefits.

Supplemental Security Income vs. Social Security Disability

Supplemental Security Income (SSI) is not the same as social security disability (SSD). SSI is designed to pay a monthly benefit to people with limited income who are disabled, blind, or ages 65 or older. Many individuals who are eligible for SSI may also be entitled to receive SSD benefits. Actually, the application for SSI is also an application for SSD benefits and is administered by the social security administration.

Unlike SSD benefits, SSI benefits are not based upon work history. The U.S. Treasury finances SSI benefits (in other words personal, corporate or other taxes). Your contributions to social security do not cover SSI benefits through your employer so there is no requirement that you “pay into the system” to get approved for this benefit. In most states, a person who receives SSI benefits can also get approved for Medicaid for health care coverage.

Children and Social Security Disability

If your child is under the age of 18 and has a condition(s) which leads to “marked and severe functional limitations” for a minimum of one year, they may get approved for supplemental security income (SSI). The Social Security Agency oversees SSI and in some instances, the disability may be severe enough to trigger immediate payments. A few of the more common conditions which qualify children for SSI are HIV infection; blindness; deafness; Cerebral Palsy; Down Syndrome, Muscular Dystrophy; severe mental deficiency and birth weight below 2 pounds, 10 ounces.