Disabled persons are eligible for two types of social security disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both benefits are federal programs that cater to people with permanent or long-term disabilities.
These benefits are governed by the Social Security Administration (SSA) while the Office of Adjudication and Review (ODAR) oversees claim hearings. Disability Determination Services (DDS) is tasked with handling medical reports on social security disability claims.
Disability is defined as any mental or physical condition or both that lasts for at least one year and interferes with your ability to work to meet a substantial income limit.
Social Security Disability Requirements
Disability claims are examined on the basis of the following questions:
Are you working?
Is your medical condition severe?
Does your impairment or disability appear on the statute listings?
Can you continue doing your previous work?
Can you do another type of work?
For applicants to qualify for Social Security Disability, they must:
Have proof of disability
Fulfill a working duration work test
Have a severe medical condition
Have paid social security taxes
A small cost is charged for acquiring medical records, approximately 75 cents per page. These medical documents can be obtained from your medical practitioner.
Application for Social Security Benefits
You should apply for social security disability immediately after you are disabled. Considering the long waiting period after the hearing, the sooner you apply, the sooner you receive the benefits. You can apply for social security disability benefits in either of the following ways:
Calling a social security office
Visiting a local SSA office
Applying online
The following documents are required when submitting an application:
Applicant’s social security number
Applicant’s birth certificate
Applicant’s medical care providers contact information and addresses
Applicant’s current medical records including current drug prescriptions
Applicant’s work history
Applicant’s tax return certificate.
Once the application has been completed, the SSA determines if it is accepted or not. SSA will send a letter of confirmation and the commencement date for payment if it is accepted.
If the claim is declined, the letter details reasons for the decline. You can proceed by appealing the decline. At this point, if you have not involved an attorney, then involving one could increase your chances of winning the appeal.
In the case of an appeal, write a letter to the SSA requesting a reconsideration of the claim. The claim is heard by an SSA administrative judge who reviews any new evidence and the decision made earlier on. Afterwards, the claim is reviewed by the appeals council who then present it to the administrative law judge for determination. If still, the determination made is unsatisfactory, you can file a case with the federal court.
Social Security Disability Cases
The Office of Disability and Adjudication Review (ODAR) is responsible for scheduling hearings on social disability claims. These offices are located in various towns throughout the states. The waiting period for social security disability cases is up to two years.
Annually, the state receives thousands of applications from workers who have suffered permanent or long-term disability in the line of duty. Unfortunately, SSA denies more than half of the claims made. Moreover, only 20% of the cases that seek appeal are approved. Although the decline rate for social security disability is quite high, the acceptance rate is quite high in comparison to other states.
However, if your claim has been denied, you can make an appeal within 60 days of the denial. The appeal seeks a reconsideration of your claim for social security disability benefits. Once granted, the social security administration judge hears your case and the appeals council reviews it. This is followed by a federal court review that decides whether to award you claim or deny it.
Social Security Disability Attorney
Social security disability lawyers help applicants with making claims and guiding them in the appeal process when necessary. It is evident that claimants who seek legal counsel and assistance are more likely to have their claims approved. It is, therefore, important to involve a reputable social securtiy disability attorney like Mark Yampaglia Law PC.
The Law Office of Mark Yampaglia has a qualified team to handle social security disability claims. We are devoted to seeing that your claim is accepted. Contact us today for a free initial consultation.
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