Social Security Disability Benefits

What is Social Security Disabilty?

What is Supplmental Security Income (SSI)?

How do I apply for benefits?

How are claims decided by the SSA?

What happens if my initial aplicaiton for SSD/SSI is denied?

How can an attorney help me?

What happens if I receive a favorable decision?

Social Security Disability Benefits

     Social Security Disability benefits are administered by the Social Security Administration. (“SSA”) If you have a regular work history and become unable to work because of your medical condition, you may be eligible to receive Social Security Disability benefits. Generally, your eligibility is tied to your prior payment of FICA taxes. Persons over 31 years of age must have worked for at least five of the past ten years from the quarter in which they became disabled. The SSA has access to all of your prior earnings information and will determine your initial eligibility.

     The SSA defines a disability as “an inability to perform substantial gainful activity by reason of a medically determinable physical or mental impairment, or combination of impairments, which has lasted or is expected to last at least 12 consecutive months, or end in death, taking into account the individual's age, education, and work history.” The inability to work or to engage in substantial gainful activity is further defined as the inability to earn in excess of $860.00 per month. You should note that this standard does not refer to your actual work status (i.e. ability to locate employment). Rather, SSA evaluates your hypothetical ability to qualify for gainful employment in consideration of your physical limitations, age, education and prior work experience.

     The SSA forward you an annual statement regarding your work history and estimated disability and retirement benefits. See Sample. You should always save this brochure as it identifies your estimated disability benefit based upon the number of credit you have in the system. If you do not have this paperwork you may retrieve the information online.

SSI Benefits

     Even if you do not have a regular work history to qualify for Social Security Disability Benefits you may be eligible for Social Security Income Benefits (SSI) if you are disabled and meet certain financil need requirements. You may find additional information on how to apply for SSI benefits by accessing the following SSA link. http://www.ssa.gov/notices/supplemental-security-income/text-apply-ussi.htm/ Eligibility for SSI is based on financial need. The amount of your benefit was be restricted by factors such as your assets and other household income.

Attorney Representation

     An attorney can assist you in collecting and organizing the medical and employment records necessary to evidence your disability. Most importantly, an attorney will present your case at the hearing before the Administrative Law Judge. In most cases, the attorney, in addition, to questioning you and your witnesses will have to cross-examining the Government’s vocational expert who provides testimony about your supposed work opportunities. Usually, your attorney will charge a contingency fee of 25% of your past due benefits, meaning that you do not have to pay an attorney fee unless you prevail. Again. I stress the benefit of a local counsel, who will be able to meet directly with you to prepare your case.

*This website of D. Scott Gordon, Attorney, is prepared solely for informational purposes and is not to be construed nor relied upon as legal advice. The information contained herein likewise does not create an attorney-client relationship, nor is it intended to serve as an invitation for an attorney-client relationship. Any written or electronic communications to lawyer or this law office shall be received only as a request to schedule an initial consultation. A request for an initial consultation does not create an attorney-client relationship and no legal advice can be offered in direct response to any such communications.