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If you have applied for Social Security Disability Benefits or Supplement Security Income benefits and have been denied, then our lawyers can help you. There are two kinds ofsocial security benefits that you may be entitled to. Social Security Disability (SSD) is available to workers who have paid into the system for a period of time, and Supplemental Security Income (SSI) is basically a welfare benefit for those who have not worked and paid into the system.
Social Security Disability Benefits (SSD)
In order to be eligible for Social Security Disability Benefits, you will generally need to have worked for ten of the last twenty work quarters. Our legal team can help determine whether you are eligible for social security disability benefits. The more quarters that you have paid into the social security system over the past 5 years, the longer your eligibility period for SSD benefits will be. If you are awarded social security disability benefits, then you will also receive medicare benefits two years from the date of the date that you receive your first monthly payment. Social Security Disability benefits also pays dependent benefits for children until one month before your child’s 18th birthday.
Exception for Young Disabled Children: Social Security Disability Benefits are also available to young disabled adults even if they have not paid into the system. If a child becomes disabled before age 18 and has not lived outside of his or her home and has not worked, then this person will be eligible for SSD benefits even though the person has not paid into the system.
Eligibility for benefits: You become eligible for benefits once you are unable or expected to be unable to work for one year. Therefore, since there are often delays in receiving benefits after application, we recommend that you apply for benefits as soon as you become disabled—as soon as you experience an extended period of illness or injury. The application for benefits can be found online at www.ssa.gov. Or you can apply for social security benefits at a local social security office by calling 1-800-772-1213.
Determination of Whether A Person Is Disabled?
In order to receive SSD benefits, you must me the required definition of disability: “A claimant must have a physical or mental condition which is of such a severity, as demonstrated by substantial medical proof, that it prevents the person from performing his/her past work or other work generally available in the national economy.” There is basically a five step evaluation process which is as follows: (i) Is the claimant gainfully employed, (ii) does the claimant suffer from a severe impairment which is expected to last 12 months or result in death? (iii) Does the claimant suffer from an impairment which meets or equals the severity as defined in the medical listing? (iv) Is the claimant able to perform past relevant work? (v) Is the claimant capable of performing other work generally available in the national economy?
Medical Vocational Guidelines are used in this process. If a person is under 50 years old, (a “younger person”) he/she must be disabled from all employment generally available in the national economy. If a person is 50-54 years old (“closely approaching advanced age”) then the person is disabled if only capable of sedentary labor. If a person is 55-60 years old, (“Advanced Age”) then the person is disabled if only capable of sedentary or light labor. If a person is 60-64 years old (“Closely Approaching Retirement Age”) then the person is disabled if he cannot perform prior labor and if not possessing highly marketable skills.
There are regulations in the Code of Federal Regulations (CFR) that establish additional guidelines for certain conditions such as carpal tunnel syndrome, postural limitations, etc.
Legal Representation---Do I need a Lawyer to Help me with my social security disability claim?
We believe that people who have been denied in their application for social security disability benefits should have a lawyer represent them in the appeals process. The attorney fee for such cases is governed by federal statute—it is 25% of all past due disability income benefits or SSI benefits paid to the claimant and claimants dependents; or $6,000 or applicable maximum amount set by the commissioner of SSA pursuant to 42 USC 406 (a). The attorney fee is payable only if the decision of the SSA is favorable and the claim results in an award of past due benefits. THERE IS NO ATTORNEY FEE, IF WE ARE NOT SUCCESSFUL IN PROSECUTING YOUR CASE.
What if you are denied benefits?
If you are denied benefits, it is important that you contact an attorney immediately. An administrative appeal must be filed within 60 days from the date of the denial of benefits. The appeals process includes the following levels of appeal: Request for Reconsideration; Request for a hearing before an administrative law judge, request for review of hearing decision by the Appeals Council, and Judicial Review in Federal Court. The proper venue for bringing a federal lawsuit relating to a denial of social security disability benefits is the district where the claimant resides.
Supplemental Security Income (SSI)
This is a welfare benefit for those who have not paid into the social security withholding system. In order to be eligible for SSI benefits, you will have to meet a household income test. If you are awarded social security income benefits, then you will receive Medicaid (not Medicare) benefits immediately. SSI does not pay dependent child benefits on behalf of the SSI recipient, but it does pay SSI children’s benefits on behalf of the child recipient.
Legal Representation---Do I need a Lawyer to Help me with my social security disability claim or Supplement Security Income Case?
Yes. We believe that people who have been denied in their application for social security disability benefits should have a lawyer represent them in the appeals process. The attorney fee for such cases is governed by federal statute—it is 25% of all past due disability income benefits or SSI benefits paid to the claimant and claimants dependents; or $6,000 or applicable maximum amount set by the commissioner of SSA pursuant to 42 USC 406 (a). The attorney fee is payable only if the decision of the SSA is favorable and the claim results in an award of past due benefits. THERE IS NO ATTORNEY FEE, IF WE ARE NOT SUCCESSFUL IN PROSECUTING YOUR CASE.