Find Social Security Disability Lawyer

Find Social Security Disability Lawyer

Social Security Disability

Social Security was created on August 14, 1935, in response to the Great Depression. Since then, all citizens working in the U.S. have contributed to it throughout their professional careers. While many people think of social security as just a government-sponsored retirement plan, social security can provide many benefits to qualified citizens.

Featured Social Security Disability Lawyers

Jason Stone Injury Lawyers

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Law Office of Jensen Bagnato, P.C.

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Xander Disability Law LLC

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Daley Disability Law, P.C.

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Reyes and Reyes Law Firm

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A System Built to Help

The Social Security Disability Insurance (SSDI) program is a federal program which is administered by the Social Security Administration (SAA). It provides cash payments and other benefits to disabled persons who have certain medical conditions which prevent them from working, and are expected to last at least one year or result in death.

Unlike workers’ compensation benefits, you may be eligible for SSDI even if the disability, or injury that caused it, was not work-related. On the other hand, (and also unlike workers’ compensation), SSDI benefits are not available for those who suffer from partial or short-term disabilities.

Eligibility and Establishment of Disability

In order to be eligible for SSDI benefits, you must have worked for, and within, a certain amount of time prior to submitting your SSDI claim. The exact timeframes vary based on your age at the time you developed your disability.

After you submit your SSDI claim, the SSA will consider the following five factors to determine whether to approve it:

1. Whether or not you are currently working. If you are working, you will not be eligible unless your earnings are below a certain threshold.
2. Whether you have a medical condition that is severe enough to impair your performance of certain basic functions such as lifting, standing, walking, and sitting for at least 12 months.
3. Whether you have an impairment that is included in the Blue Book Listing of Impairments maintained by the SSA, or that one that’s symptoms and work limitations are similar to one of those listed in the Bleu Book.
4. Whether you can perform any type of work you have done in the past before you had the disability
5. Whether there are any other types of work you can perform despite your disability.

Once you qualify for SSDI benefits, you may also receive retroactive payments (covering the time between the you become disabled and when you filed your SSDI application), and, under certain conditions, back pay as well (which covers the time between when you filed your application and the date it was approved by the SSA).

Right to representation

The SSA advises that you have the right to appoint a representative, such as an attorney, to assist you throughout the process by:

- Retrieving relevant information from your Social Security file.
- Assisting in obtaining your medical records and gathering any information that could support your claim.
- Accompanying and representing you at interviews, conferences, and hearings—or even appearing on your behalf so you won’t have to appear yourself.
- Submitting requests for reconsideration, appeals, or requests for review if your claim is denied.
- Helping you and your witnesses prepare for hearings and questioning other witnesses.

Medical Benefits and additional beneficiaries

Anyone who is approved for SSDI benefits will also be automatically eligible for Medicare Part A (which covers care provided at in-patient hospitals, skilled nursing facilities, hospices, and home health care) and Part B (which covers care provided by doctors and other healthcare providers). While the Medicare coverage only kicks in after a 24-month waiting period, you may apply to receive Medicaid coverage during that period.
When a person qualifies for SSDI benefits, their spouse, children under a certain age, and in some cases, even their ex-spouse, may also be eligible for monthly benefits of up to 50 percent of the amount the disabled person receives.

Appeals

If your application is denied, you may submit a request for its reconsideration by a person other than that who initially denied your application. If your application is denied upon reconsideration, you may request a hearing before an administrative law judge (ALJ). If the ALJ upholds the denial, you may request that an Appeals Council panel review your case. Finally, if the council does not rule in your favor, you may appeal to the Federal court system.

At multiple times during these processes, you will be entitled to provide additional evidence such as updated records and results of medical examinations and and diagnoses, and new witness testimony, including those of expert witnesses who can support elements of your claim.

Helping You Find Certainty

You give to the Social Security Administration every year that you work. Those taxes are an investment in your future that you deserve to reap when you need it. If you are seeking benefits, whether through retirement, disability, medicare, or supplemental income, you should consult with a social security attorney. An attorney specializing in social security law can ensure that you correctly navigate the system to get you the best possible benefits.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today for a free no-obligation consultation and begin your journey to justice.

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Social Security Disability Frequently Asked Questions

1. What is social security?

Social security is a government program that provides a number of financial benefits for citizens. Citizens pay into the social security program through mandatory taxation and when they fulfill certain requirements, they can begin to withdraw from the program.

While the quintessential social security benefit that is thought of is the retirement program, the social security administration also provides other benefits. These other benefits include disability benefits,  supplemental security income, and medicare.

2. What is social security disability?

The Social Security Disability Insurance (SSDI)  program is a public, government-funded initiative that pays benefits to insured citizens and their families. In general, the program allows payment to individuals who have paid social security taxes for a sufficient period and have a qualifying medical condition.

3. What conditions qualify for SSDI?

The social security administration determines eligibility for SSDI through both general requirements and a five-part test. In general, the requirements for qualifying for SSDI include having a long-term disability and being younger than retirement age.

Additionally, the Social Security Administration has a five-part test to determine eligibility for SSDI. Par one assesses whether the applicant is working or making more than a certain amount per month. Next, the Administration evaluates whether your condition is “severe,” classified as significantly limiting the applicant’s ability to perform basic work activities for at least 12 months, or resulting in the applicant’s death. Part three determines if the condition is listed in the Administration’s list of impairments. Parts four and five determine whether the applicant can do the work they used to do or any work at all respectively. 

4. What age is social security retirement?

Social security determines eligibility using a credit system. In normal circumstances, 4 credits are earned for every year of work. The Social Security Administration cannot pay out to any citizen who has earned fewer than 40 credits. Additionally, the earliest age to receive social security benefits is 62. However, full retirement benefits are not available until age 70.

5. What are the benefit amounts can I expect to receive?

The amount of SSDI monthly benefits average between $800 and $1,800 per month, and are based on a number of factors including your lifetime average earnings before you became disabled, and the amount of earnings withheld from your paychecks by your employer(s) for social security or FICA taxes.
The amounts are subject to cost-of-living adjustments (COLA). There are also a number of factors that could decrease the amounts you receive, such as whether you have income from other sources including workers’ compensation payments, public disability benefits, or payments from government pensions.

6. Can I start working and continue to receive benefits?

Yes, within certain limits. Once you are earning more than a certain amount, the SSA will consider you to be engaged in “substantial gainful activity” (SGA). The amount is subject to annual adjustments, and is currently $1,350 per month and will be increased to $1470 for calendar year 2023 (although the limits are higher for those who are legally blind).
Fortunately, the SSA provides a number of incentives and programs to assist SSDI recipients in returning to work, such as the continuation of certain benefits and Medicare coverage, expedited reinstatement of SSDI eligibility if you are unable to keep working after having returned to work, and payments for certain equipment and services to assist and accommodate you in your transition back to full employment.

7. How long will I receive benefits for?

Unless your benefits are terminated due to your returning to work and earning above the SGA threshold, reaching retirement age (or attaining the age of 18 if you are a disabled child), you may continue to receive benefits as long as you have the disability that prevents you from working.
The SSA conducts periodic continuing disability reviews (CDRs) to determine whetheror not your medical condition has improved such that you are able to return to work for these purposes.

8. Are SSDI benefits available only for physical disabilities?

No. Provided they prevent you from working for a period of at least 12 months, you may receive SSDI benefits for disorders that fall under one of a number of categories including, but not limited to, neurocognitive disorders, schizophrenia, depression, bipolar, autism spectrum disorders, anxiety, eating disorders and obsessive-compulsive disorders.

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