Top 10 Things to know about your Social Security Disability Claim

1.    You Can Apply for Social Security Disability/SSI Through Three Main Avenues:

–    Phone Application – 1-800-772-1213
–    Online – www.ssa.gov
–    At your local social security office

2.    SSDI vs. SSI – Same Medical Standard of Disability, Different Programs for Qualification

SSDI or Social Security Disability Insurance is based off of your payments of social security taxes from working over a period of time. For every 1 year that you make $5,040 (as of 2016), you will earn “4 quarters of coverage.” To be able to apply for an SSDI claim, you must have at least 5 years of coverage within the last 10 years, therefore you must have 20 quarters of coverage within the last 10 years (20 quarters = 5 years)*
*There is a slightly different formulation of coverage for someone under 30 years of age.

SSI or Supplemental Security Income is for you if you don’t meet the above-referenced earnings requirements. Something to remember about the SSI program is before the Social Security Administration will even review your case medically under an “SSI application,” you must not have too much income in your household between you and your spouse. If there is too much income from you and your spouse, you may not even be able to qualify for a medical review of your SSI claim.

3.    What Happens if You’re Denied?
You have 60 days from a denial to appeal a medical denial from Social Security. It is not a good idea to wait to the last second to appeal.

4.    Can You get SSDI if You’re Off Work for 9 Months?

The standard for Social Security is that in order to be disabled, you must be disabled for 12 months or be expected to be disabled for 12 months or longer. For example, if you left your job 3 months ago due to cancer, even though it has not been 12 months yet, Social Security or SSA could still determine that it is reasonably expected for cancer to prevent you from working for 12 months (from when you left work originally), and therefore, that you could be found disabled without having been out of work for 12 months.

5.    You Were Told by Another Attorney that He/She Would Not Take Your Case Because You Won’t Win, Since You’re Under 50.  Should You Appeal Your Denial or Give Up?

The Short Answer: No you should not give up.
Why? Every social security case is different. While a large percentage of our clients are over 50, we have represented thousands of clients under 50 with a wide range of disabling conditions.  In our opinion, it would be unfair to automatically reject a potential client based on age — examining the actual medical file is crucial to a social security disability attorney’s understanding of what is the case’s strength.

6.    You Were Denied Because SSA said You Could do Other Work, Although You’re Over 50 and Have Been a Factory Worker for Over 20 Years.  What Should You do Now?

When someone is aged 50-54 they are considered “closely approaching advanced age,”  and when someone is 55 years and up they are considered “advanced age;” — the bottom line is that what kind of work you did is very important in a social security case when you are 50 years or older. There are many complicated variations of this general rule; our lawyers are well-versed and highly knowledgeable on the intricacies of the rule.

7.    What Considerations are Important to the SSA in its Determination Whether You’re Disabled and Eligible for Disability?

The SSA will consider your medical records, doctor’s statements, and hospital records. Additionally, it will consider statements from you and third parties that know you such as friends or family in determining your overall level of functioning.

8.    Why Isn’t Your Doctor’s Statement that You’re Disabled Enough to Get Disability?

This is because the SSA does not rely on blanket statements of disability by doctors without strong support for the statement in the treatment records.  SSA will look at the particular doctor’s statement, and it will then see if the statement matches up with the overall records you have with that doctor.  If the doctor’s statement is out of line with what he/she has said or treated you for in the past, the doctor’s statement will be given “less weight.” Also, the specialty of the doctor can make the statement stronger or weaker depending on the condition for which you are being treating:  (Example: a neurologist’s opinion on seizures in their patient is stronger than a neurologist’s opinion on a heart condition, if they are not trained in that specialty as well). Doubtless, this can be a frustrating experience for many claimants.

9.    Why Isn’t the Fact You Can’t Go Back to Your Past Job Enough to Get Disability?

This is because the SSA’s standard for disability is “total” – there are no percentages of disability with Social Security, you are either 100% disabled or not disabled. If someone is under 50, all jobs in the state, regional, or national economy must be eliminated. This can certainly be shown, but as in all cases, the medical evidence is the key.

10.    You Missed the Deadline to Appeal Your Denial, is There Anything You Can Do?

Maybe. And that’s a big maybe – depending on your language limitations or failure to deliver by the postal service, you may have good cause to file an appeal outside the deadline but this is not often granted without good reason.  You should consult an attorney immediately to determine whether you can appeal the decision or whether you should file another application.

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