Social Security Disability
Social Security Disability and Supplemental Security Income was established in the 1930's. It was supposed to be a safety net of sorts for people who could no longer work because of a physical or emotional disability. The sad thing is that many times when someone actually applies for these his or her claim is denied. Every worker in America pays into the Social Security System so all you are really asking for is your own money back a little early because you need it and can no longer work for income.
Most people who apply for SSD and SSI benefits are denied the first time around. The process of applying for these disability benefits is not easy. You should not need a lawyer to get benefits you have been paying into since you began working. The facts are though that sometimes you do.
If you applied for Social Security Disability and/or Supplemental Security Income benefits and have been denied there is help available and this is when a Social Security Disability lawyer can be really helpful. We have successfully been helping people appeal SSD or SSI decisions at any stage of the process.
Some things to remember before you file for a reconsideration of Social Security Disability and Supplement Security Income is that you only have 60 days from the date you were denied to file for the reconsideration. If you do not file in that period you will be required to wait a period of time and then start the whole process over again from the beginning.
If your claim is truly valid, you will eventually get your benefits in many cases. The thing is how long can you wait for them? Years? You still have bills that have to be paid. Again, this is where a lawyer will be able to assist you. They can file the forms necessary to start the appeal process, get the medical and vocational documents need to support your case. They can also prepare you for what the hearing will be like and the last, and sometimes most important, thing they can do is help you prepare your case if it has to be appealed to an Administrative Law Judge or a higher level.
The bottom line is that you are very likely going to need a lawyer to represent you for your appeals. Now you have to pick the right one. Ask yourself a few questions before deciding on a lawyer. Consider how you are treated when you call the lawyers office. Do the staff sound rushed or do they treat you like a welcomed guest? Were they helpful? Ask the lawyers you are considering about their handling Social Security Disability cases. How long have they been practicing Social Security Disability law? Try to find a lawyer that devotes a good percentage of their case loads to Social Security Disability cases (50% or more). Ask what their success rate is. Ideally, you'd like the answer to be 85% - 90%. These lawyers only get paid if you win your case but why waste your time with one who isn't giving the case his or her all? Ask how your case will be developed. Are they going to gather your medical records throughout the process, not just before the hearing with an Administrative Law Judge? You want to know the lawyer has all your information from the start of the first appeal. The lawyer should also get information from you doctors about the limitations that prevent you from working. These reports all help strengthen your case.
While no one wants to be sick and disabled, unable to work and support themselves or their families Social Security Disability is a way to make the situation easier. Sometimes you need help in order to get the benefits that you are entitled to. When you do, you want to contact a reputable law firm that in Social Security Disability that we do. For further information click here to contact our firm.
What is Social Security Disability insurance (SSDI)
Although no one wants to think that they may have a disability it happens all the time. The good thing to know is that even if you do become disabled there are programs such as the Social Security Disability Insurance available to you that can offer assistance.
To be considered for a disability, the Social Security bases whether or not the individual can work in the same capacity as before. If the individual cannot perform the same work they did before then they may be considered disabled. The individual’s disability must also continue at least a year in order to be approved for the Social Security Disability Insurance.
For those applying for benefits it is important to know that there is a five month waiting period before individuals can receive the Social Security Disability Insurance benefits available to individuals with disabilities. This five month wait gives time for individuals with disabilities to get better. These waiting period also gives Social Security time to review the case and the individual.
Social Security Disability Insurance provides and pays for benefits to people with disabilities. This means that the government provides Federal Programs that will assist people with disabilities. Individuals with a disability must meet the medical criteria before they can qualify for the benefits under the program. The individual must have worked long enough or paid in Social Security taxes to be considered for the disability insurance.
It is now easier than ever to apply for Social Security Disability Insurance. If you have the internet you can now apply for the insurance right over the computer. Make sure you have all the information needed such as social security card, address information, etc.
It is important before you apply to know if in fact you can even get the Insurance. You must have worked jobs that are covered by Social Security to even be considered eligible for disability benefits. You also have to meet the Social Security guidelines for being disabled. The Social Security office usually pays to the individual who cannot work up to a year or more because of their disability.
Benefits usually continue to the individual with disability until they are able to work again, if they are able that is. The law does require the Social Security office to verify whether the individual is disabled in order to be eligible for benefits.
Once Social Security Disability Insurance is approved the benefits will begin on the sixth month after the date the individual’s disability began. The Social Security benefits are paid out the month after they are due. Meaning if the benefits are due in December they will be paid out in January.
What is Social Security Supplemental?
Unlike Social Security Disability Insurance, commonly referred to as SSDI and financed through the taxes paid when working, SSI money comes from general revenues. If you have limited income and resources, and meet the living arrangement standards then you should be eligible to receive SSI.
Your monthly payment may vary; it depends on your monthly income, including SSDI, but it could go up to the maximum amount allowed by the federal government. You should receive your payments on the first of the month, once you receive word of eligibility.
To be eligible for SSI you must meet certain requirements. One of those requirements centers on the disability. A medical determination that states you cannot do any substantial gainful activity, and that this condition will continue for at least 12 months, or may result in death, means you meet the disabled criteria. Aged people, 65 or older or blind people may also receive SSI. The Disability Determination Service makes the decision on whether you meet the standards of disability. They will look at all the doctor’s records and other forms needed to help them during the decision process. They may even ask that you see another doctor if they have questions. They will also look at other factors, such as age, education and your work experience if any.
The other requirement they will concentrate on includes your income, resources, and living arrangements. Your countable income, which includes SSDI and any earned income, and real personal property, cannot exceed the federal statue amount. Through a standardized formula, which takes all of this in to account, they will determine if you meet the income test. If the initial eligibility determination qualifies you for some amount of money from SSI then you meet the income test. When they talk about living arrangements, they are speaking of where you live and whom you live with. If someone else provides your food and shelter then he or she would consider that unearned income and in turn that will affect how much you receive for SSI.
While the whole process of trying to get the money you deserve seems daunting, you can find lots of information on the internet by just typing in Social Security Supplemental. Contact our firm today for a free case evaluation.
