Disability Law

Social Security Disability Process

If you have become disabled and unable to work you may qualify to receive Social Security Disability payments. The process to determine if you are disabled is more complicated than your doctor writing a note. The Social Security Administration Office has outlined very specific disabilities and requirements which must be met in order to receive Social Security Disability payments.

In order to be declared disabled an individual must have a disability so severe that they will not be able to work for a year or that will result in death. Unfortunately, short-term disabilities will not allow a person to qualify for the SSI or SSDI payouts.

Qualifying for SSDI or SSI

In order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) an individual must begin by applying for Social Security Disability by filling out an application and sending it to the Social Security Administration to be processed.

After a lengthily review process, if your application has been approved you will receive a notice regarding your eligibility in writing. This notice will include the payment amount and the date the payment will begin.

Social Security Disability Benefit Payout

The amount you receive for your payout will depend on the category you fit in (blind, disabled, or 65 older), the amount of income you have and the your current living environment. Usually the amount you will receive will be the maximum payout amount after your allowable monthly income has been subtracted out.

Denial of Benefits

Unfortunately, many cases are initially denied. At this point it is possible to appeal your Social Security Disability claim and have it approved at a higher lever. Two things can be done to improve your chances for success. First, request a copy of the information in your file. By law you have the right to gather information about the policies, notes and decisions which were used to deny your claim. Next, talk to a competent Social Security Disability Attorney who can help review your disability claim and proceed through the appeals process.

Appeal Social Security Disability Denial

If your Social Security Disability claim has been denied, its time to consider hiring a Social Security Disability Lawyer. A social security disability attorney can help prepare and file a Request for Reconsideration application, which must be done within 60 days of the denial of the disability claim. Once the application has been received by the Social Security Disability Office they will be begin a reconsideration of the denial. Unfortunately, the reconsideration process will yield only a 20 percent chance that your disability claim will be approved; further, the reconsideration process can take from 30 days to eight months.

If the reconsideration process results in a denial of your social security disability claim you can file a request to have a disability hearing. A disability hearing is a chance for you to argue your case in front of a judge. Statistically, your case has a greater chance for success if you are represented by social security disability attorney. While there are no jurors, the disability hearing is much like a regular court proceeding -- there is an Administrative Law Judge, one or more expert witnesses, and testimony recorded by a court reporter. Frequently, the claimant (person who filed the social security disability claim) will have to testify.

If the Social Security Disability Claim is denied at the hearing level the next step is to file for review by an Appeals Council. If this fails then a hearing in federal court is the final option.

Disability Term of the Day

Closed Period

The closed period is the time between the onset date of disability and the point in time when the claimant began performing substantial gainful activity or the date you were able to return to work.

Category: Disability

Latest Disability Question

How does social security decide if you are disabled

The SSA uses a five-step evaluatiion process called the Sequential Evaluation Process to determine disability.

Category: Disability

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