Social Security Disability

Social Security Disability

What Is Social Security Disability?

Social Security Disability Insurance (Title II) pays benefits to you and certain members of their family if you are “insured” for benefits. To qualify to receive Title II social security disability benefits, in addition to being disabled, you must be fully insured under the social security program. That means you must have worked for a certain period of time before you became disabled. Your financial resources are irrelevant. You will not be disqualified from receiving social security disability benefits based upon your financial assets. You do not have to show financial need to qualify for these benefits.

To be disabled for Title II benefits, you must not only be unable to do your normal work, but be unable to do any other work on a full-time basis that exists in the national economy for at least 12 consecutive months. To determine whether you are disabled, the Social Security Administration looks at your age, educational background, prior work experience and limitations caused by your medically determined impairments and compares all of this to the mental and physical requirements of all jobs that exist in the national economy.

As soon as you become sick or injured and are no longer able to work full time, you may apply at any Social Security office or online. Reimer Law Office PC LLO can help you file your claim online. With over 68 years of combined experience, we know the best way to handle your claim.

Social Security Disability benefits will not begin until the sixth full month of disability. This is referred to as the waiting period, which begins with the first full month after the onset of your disability. Therefore, you should apply as soon as your disability begins so that you can start receiving checks after your waiting period ends. The Social Security Administration uses a formula based on your average lifetime earnings and the total number of years you have worked to calculate your Social Security Disability benefit amount. You can receive up to a maximum of approximately $2,500 per month depending on the past earnings. If you have children under age 18, their custodial parent could receive additional benefits, up to 50 percent of your monthly benefit amount.

What If I get Denied?

You have 60 days to file an appeal after the Social Security Administration informs you that your claim has been denied. When your claim is denied for the first time, you request a “reconsideration” of the denial of your claim.

When a reconsideration is requested, an individual at the Social Security Administration who did not participate in making the decision to deny your initial application for benefits reviews your file. All of the evidence that was considered when the original decision was made to deny your claim and any additional evidence that has been submitted since the first denial of your claim is reviewed. Generally, most of the reconsideration decisions involve a review of your entire file without you being present and without any kind of a hearing.

We can handle the initial filing of your claim as well as your appeal. In fact, we will file your appeal at no charge before you hire us to handle your case. With over 68 years of combined experience, we know the best way to handle your claim.

Why Should I Appeal?

After the reconsideration of your claim, if the Social Security Administration again denies your claim, you may request a hearing. This hearing will be conducted by an Administrative Law Judge (ALJ) and you will be able to tell your story about what is going on in your life. 

Your attorney will have the opportunity to present evidence and explain to the judge why you believe that you are disabled and entitled to receive social security benefits. Also, your attorney has the right to review all of the documents in the file that the Social Security Administration has created and provide new information and evidence at the hearing.

The judge will ask you questions and will listen carefully to what you have to say and will thoroughly consider how your pain, fatigue, shortness of breath and psychological problems affect you if they are reasonably related to your medically determined impairments.

Further, your attorney will also have the opportunity to make arguments to the judge about how the evidence should be construed and why the judge should find that you are disabled and entitled to full social security benefits. This step is where your case has its best chance to be successful.

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