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If you are visiting our site, it is probably because you feel that you need help determining whether you qualify for social security benefits, how to get benefits, or both. We are not going to overwhelm you with links to social security disability related information. My staff and I will answer your questions because we are here to help. Below you will find a basic diagram of the social security process and a handful of common questions and answers. Legal research is for us to do, not for our clients to do. When you have questions that are not addressed below, please ask us. Let us throw you a lifeline.
- What is the difference between Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI)?
Applicants may be awarded Supplemental Security Income whether or not they have worked in the past because the program is financed by taxpayers. Eligibility for Supplemental Security Income is dependent on an applicant having limited income and resources, meeting living arrangement requirements, and in many cases applicants will already be receiving Medicaid assistance or will be eligible to receive Medicaid assistance. Benefits are awarded to individuals age 65 or older, adults who are disabled or blind and children who are disabled or blind.
Payments received through Social Security Disability Insurance are financed with Social Security taxes paid by workers and employers. Eligibility is determined by a worker earning enough credits based on taxed income. Benefits are awarded to disabled workers or blind persons, their children and widower(s), and adults disabled since childhood.
- Is there a hearing to determine my eligibility for benefits?
If your initial application for benefits is denied and your request for reconsideration is also denied you will attend a hearing as part of the second appeal process. The hearing typically takes place in a small office within the Office of Disability Adjudication and Review rather than a traditional courtroom setting and lasts about twenty minutes. A typical hearing includes an administrative law judge, the individual applying for social security, the applicant’s attorney, and any experts testifying to the nature of the applicant’s disability and its impact on the applicant’s work abilities. Applicants are typically asked to answer questions about past work history, their injury or illness, and daily activities. The most important thing you need to know about the hearing process is that Claire can help you through it.
- How are disability payments to applicants determined?
Social Security Disability benefits are based on the Social Security earnings record of the insured worker. The monthly payment varies according to the maximum federal benefit rate and may be state supplemented.
- Does working disqualify me from receiving benefits?
Not always. However, the amount of gross income an employee is earning is considered. You should call us for a free case evaluation so that we can consider your specific situation.
- Are there some illnesses that allow me to receive a quicker ruling on my claim for disability?
Yes, there are several disabilities which automatically qualify applicants for quicker disability decisions. The list of disabilities changes from time to time. Contact our office if you would like us to review your case to determine whether or not you qualify.
- Can I get social security benefits if my claim has already been denied?
Yes, but you should contact our office as soon as possible to allow time for us to obtain the records needed for your appeal and to meet all applicable appeal deadlines. Our office can work with you to obtain necessary documentation but it is important to contact us as soon as possible.
- When and why should I seek advice from an attorney?
As soon as possible - statistically claimants who are represented by an attorney win their social security disability cases a lot more often. You should seek help as soon as possible due to filing deadlines associated with injury/illness dates and deadlines for appealing prior decisions.
- What happens at a Social Security Disability Hearing?
The hearing is a chance for you to tell your story of how your life has been affected by the injury or illness you are suffering from and how it has affected your ability work. The hearing also gives your attorney a chance to present evidence to the judge to help prove your disability. Finally, the hearing is an opportunity for medical and vocational experts to testify to whether you have the ability to work. |
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