Our firm represents claimants in all stages of the Social Security disability process.
There are several types of disability benefit programs administered by the Social Security Administration. The two programs most frequently applied for are Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). A portion of Social Security taxes are directed towards DIB, which over time entitles individuals to benefits if unforeseen events or a significant illness prevents them from being able to work and earn a living. DIB can only be obtained if an individual is determined to be disabled and has also met the earnings requirement set by the Social Security Administration. SSI is also based upon disability, plus the individual must also have financial need. Unfortunately, deserving individuals are sometimes denied benefits.
For either type of disability, the individual must have severe mental and/or physical impairments or combination of impairments expected to last twelve months or more or result in death. Also, the individual cannot be engaged in substantial work activity which provides an income in excess of the limits established by Social Security. Other factors in determining eligibility include, education, and work history.
It usually takes approximately three to four months to receive a decision from Social Security after the initial application. Many initial applications for benefits are rejected and only approximately fifty percent (50%) of the claims are appealed. If your application is denied, you must appeal the decision within 60 days of receipt by filing a Request for Reconsideration. If the decision based upon your request for reconsideration is unfavorable, you do have the right to request a hearing before an Administrative Law Judge. Should an Administrative Law Judge deny your claim, you still have the right to have their decision reviewed by a National Appeals Council, and even to take your case before a Federal Court.
Applying for Social Security Disability Benefits can be a long and frustrating process.. Our firm has the knowledge and experience to help you with issues ranging from corresponding with medical providers to advocating with the Social Security Administration, and determining the best possible direction to take your claim. We provide the assistance to guide you at every step along the way. If you have any questions or would like to consult with an attorney about how to start an application or appeal an unfavorable decision, please call our office today.