When To Apply for Social Security Disability or SSI
A disability claim is a request filed with the Social Security Administration for income assistance. This type of claim is filed when someone believes a mental/ physical disability may lead to an inability to lead a normal life or find a job. You can either file a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), depending on the medical or financial history of the person claiming.
Before filing a disability claim, an applicant should be able to prove that he/she is out of work for at least a year due to a permanent disability. You should present enough medical documents and physicians’ opinions to confirm the existence and severity of your medical condition. For your claim to be approved, you must prove that you are unable to perform your current work or you are unable to get a job paying more than $1,170/month for 2017. Your disability claim can be filed by Somerset Disability.
Gathering evidence to support your disability claim is time-consuming and complicated. It is recommended that you get the services of a Social Security Disability attorney for your application process. Attorney fees are usually 25% of the claim that has been awarded to you. Unless you win your case, an attorney will not collect any fees. They should also not receive more than $6,000 for winning a Social Disability case.
There are different stages to a disability process. The initial stage is filling out an SSDI or SSI application. A Social Security claims representative may either deny or approve your application. The usual time frame for this is three to five months. During this stage, over 60% of applicants are being denied. Your application can be submitted online, over the phone, or at your local Social Security Office. Questions about your personal disability and financial history will be filled out in detail in the Activities of Daily Living Questionnaire. You have to prove that your disability will last twelve months or more to qualify for disability services.
If your application gets denied, you have 60 days to file for a reconsideration. 85% of reconsideration cases gets denied during this period. The reconsideration is the first step in the appeals process. If you fail to file for reconsideration within that 60-day period, you would need to restart the application process. Make sure to update your information like doctor visits, any activity you have performed, or any treatment you may have undergone. Most applicants also find out that they have left an important information during this stage, so be sure to review your application.
If you are denied once again, you can request a hearing in front of an Administrative Law Judge and you or your representative that appeal your case. You have another 60 days from the date of receiving the denial from the reconsideration request. You are not required to have an attorney during the hearing, but having a Social Security Disability attorney can help by making sure you are represented properly, and the right questions are asked. You may also bring witnesses to testify for you. The judge may request doctors, medical experts, and other professionals to testify. It is also important that you do not miss or get late on your hearing. This may be the deciding point of your case. In some situations, your attorney may request a decision from the judge without the actual hearing process.
Once you receive the decision, and it turns out denied, you have another 60 days to ask the Social Security Appeals Council for a review. At this stage, you would need to work with a qualified Social Security disability Lawyer. They do not review your actual disability claim, they will review the decision if it is made according to the law. In cases where the judge failed to consider valid medical evidence, the Social Security Appeals Council can send the case back and a different administrative law judge will handle the second hearing. The Appeals Council may also reverse the decision of the administrative law judge and approve your benefits when they found out that the decision made was done in error, or some important evidence was not considered. Depending on the details and backlog of your local Social Security office, the process time for your appeal may take anywhere from six months to two years.
If your appeal with the Appeals Council has been denied, another appeal has to be filed with the Federal District Court of Appeals. Just like the other appeals process, you have another 60 days upon the receipt of the Appeals Council decision to file an appeal with the Federal District Court of Appeals. Take note that there is a filing fee for this, so it is important to work with a seasoned disability lawyer to represent you. Your lawyer is the one to be responsible in filing the complaint, the opening brief, and the reply brief. The Federal District Court may also call for an oral argument, your lawyer will argue your case in front of the judge. It may have taken you years to reach this stage so it is important that you have all the necessary information available. Three things can happen with your case: (1) the judge will support the decision of the Social Security Disability Appeals Council; (2) the judge will send your case back to the Social Security Administration for further review, or; (3) the judge will decide to award you the Social Security Disability benefits.
We're Somerset Disability
The Social Security Disability Advocates
Somerset Disability is the national social security advocacy firm with local presence. Our experience includes helping good people navigate the bureaucracy of the Federal Government. The Social Security Administration or SSA is a government program that begins at birth, registering your birth record. SSA is there when you get your first job and receive a Social Security Card that is your government ID and allows you to pay taxes and into social security for retirement benefits. The SSA also is there for you when you become disabled and they are there for you as a safety-net.
Should you ever become disabled and require the help and assistance of the SSA, be warned. Claiming social security benefits is typically a long and drawn out process of applications, hearings, appeals and in the most difficult cases, you will fight your case at the Federal courts.
At Somerset Disability we are here for you every step of the way. From your first call to our Social Security Intake Center, we will help you with a free no obligation assessment of your case. Our intake agents are experts in assessing your details and if your have a claimable disabling medical condition, they will start the paperwork for you and we can then start working on your case.
Somerset Disability LLC is headquartered in Atlanta north with a caring team of attorneys, case managers, specialist SSA claim agents and paralegals in all 50 states. Call us today and experience the southern hospitality that has made Georgia famous. At Somerset, we will treat your Social Security Disability Claim with experience and an ongoing commitment to constant communications. When you need an update on your case, remember we are just a call away.
Social Security Disability
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