Social Security Disability

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What Are Social Security Disability Benefits?

Social security disability benefits are benefits paid to qualified workers who can’t work due to severe illness or injuries that are expected to last for at least one year. It’s an insurance benefit that workers pay for in their federal payroll taxes. It is funded with part of the FICA taxes that workers pay, so it’s insurance, not welfare.

Who Actually Qualifies For Social Security Disability Benefits?

In order to qualify for social security disability benefits, you must have a severe physical or mental impairment that prevents you from being gainfully employed. In addition, you would have to have worked five years out of the previous 10 years, in order to have paid enough quarters into the system. If you are found to have been disabled but have not paid enough quarters (FICA taxes), then you still may qualify for what’s called supplemental security income (SSI). However, SSI is on a “needs” basis, so the Social Security Administration will look at what assets and other household income that you have. So if you live with a spouse who is working and gainfully employed, then you may not qualify for SSI.

How Soon Do The Disability Benefits Actually Begin Once I Qualify?

Disability benefits begin about one to five months after they find you to be disabled. There is a five-month waiting period, so if they determine that you are disabled today, it will be five months before your benefits begin.

Are Most Social Security Disability Claims Initially Denied?

Approximately 70 percent of first time claimants are denied for various reasons. It could be that the injury or illness is not determined to be as severe as the person thought it was, or that the claimant doesn’t have any recent medical records that document the claimant’s impairments. The Social Security Administration will review all of a claimant’s medical records, and it is especially important that they have recent records in order that they can assess the claimant’s current condition.

What Steps Do I Need To Take If I Am Initially Denied Social Security Disability Benefits?

You can appeal the initial decision, by requesting hearing before an administrative law judge, within 60 days of the receipt of the denial letter. A claimant can do this online, in person at their local Social Security office, or they can call the Social Security Administration and have a form HA-501-U2 mailed to them. The request for a hearing must be in writing. I would also advise anyone who has been denied, to contact an attorney who is knowledgeable in matters of social security as soon as they can. An experienced Social Security Disability attorney in Gonzales, & Southeast Louisiana will know what steps need to be taken to prepare your case for the hearing.

Should I Appeal A Denial Or Should I Re-File Altogether?

For most people, I would recommend that they appeal the decision. There may be time limitations depending on their date of last insured. If you haven’t worked for several years, you might not be insured if you wait too long. In some cases, you can also file a new claim, but I would definitely advise anyone to contact an attorney. Most of the time, they are going to file an appeal within 60 days of the receipt of the denial letter.

How Long Does Someone Have To File An Appeal After A Denial?

A person has 60 days from the receipt of the denial letter to file an appeal, which is done by a request for a hearing.

How Long Does It Take To Get A Formal Decision On An Appeal?

It could take several months to two years before you have a hearing with the administrative law judge. Then it can take an additional one, or two months for the judge to issue his ruling. How soon you will have your hearing will depend on the judge’s caseload.

What Further Action Can I Take If My Appeal Is Denied?

If an appeal is denied, you can still appeal to the Appeals Council in Virginia. However, very few decisions are reversed. The administrative law judge’s ruling is usually upheld, unless there was a legal error in the decision.

When Do My Social Security Disability Benefits Come To An End?

You can continue receiving social security disability benefits up until the age of 65. Once you reach the age of 65, they convert to regular social security retirement benefits. The benefits can also end if you return to gainful employment or are incarcerated.

How Can An Attorney Assist Me In Applying For Or Appealing A Social Security Disability Claim?

Attorneys are familiar with social security rules and regulations, which are very complex. We can also help you get the medical documentation that you need to submit to the social security office to show them that you do have a severe impairment or illness that prevents you from working. We can have your doctor fill out the proper forms in order to show the impairment that you are suffering from. If the forms are submitted to the administrative law judge and the judge can decide favorably in your case, then they will occasionally do an on the record review before you even have a hearing. That can speed up the process significantly.

What Are Some Important Things People Should Know About Before Applying For SSD Claims?

It is important for people to know that they should have current medical documentation of their injury or illness, before applying for SSD claims. A claimant should be currently seeing a doctor, and being treated for their illness or injury, at the time that they are applying for disability benefits. Your current medical records can then be requested by and sent to the Social Security Administration. A disability claim will not be approved by the Social Security Administration unless there is proper medical documentation that proves you are disabled.

What Obstacles Do People Face In Applying For Or Appealing Social Security Disability Benefits?

One obstacle that people face is the timeline for appealing a decision. Another obstacle is obtaining the necessary medical documentation in order to prove their illness or injury. The burden of proof is on the claimant to provide any evidence that they have of their impairment, which is something that most people are not aware of. Many people think that the Social Security Administration is going to obtain their medical records, which they do on the initial application. However it is up to the claimant to provide the Social Security Administration with any new medical records or additional documentation.

Additional Information On Social Security Disability Benefits

In a social security disability claim, there is no expense to the claimant unless we can get a favorable decision for them. By law, that fee is 25 percent of any back benefits, and this is capped at a maximum of $6000. So, the attorney does not charge a fee unless they can make a recovery for you.

For more information on Social Security Disability attorney in Gonzales, & Southeast Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450 today.