Social Security Disability Insurance (SSDI) are benefits given to individuals who become disabled and are unable to work. To obtain these benefits, which are awarded by the Social Security Administration, you must undergo a complex process that involves multiple hearings and possible appeals.
Requirements for Determining Disability
When applying for SSDI benefits, you must meet the definition of “disabled.” This means that you must be unable to “engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which:
• Is be expected to result in death, or
• Has lasted or can be expected to last for a continuous period of no less than 12 months
You must have a physical or mental impairment that is so severe that you are not able to perform your previous work, or engage in any other type of substantial, gainful employment.
Disability Benefits
Once the Social Security Administration determines that you meet the eligibility requirements, your disability payments will begin following a five-month waiting period. SSDI benefits will begin at the six month and continue until two months after your disability improves or you return to work.
Why hire a lawyer?
More than 60 percent of SSDI claimants have their claim initially rejected. Claims may be denied for a number of reasons. Social Security disability claims fail for a variety of reasons:
• An application may be missing important information
• Your disability may not qualify
• Medical records may be incomplete or inappropriate
• The information may not be presented in a clear manner
Statistics show that your chances of having your benefits approved are better when handled by an experienced SSDI benefits lawyer. A knowledgeable attorney knows what proof Social Security Administration requires and can use their legal expertise to cut down your wait time in long government lines and reduce the chance that a clerk’s inaccuracies will jeopardize your claim. A lawyer can also ensure that your complex paperwork is handled professionally and is filled out thoroughly, thereby increasing your chances of obtaining SSDI benefits.
If your claim is denied, you may appeal. An attorney can help you through this process to help increase your chances of a successful claim the second time around.
Appeals
If you are initially denied SSDI benefits, there is still hope. Appealing an unfavorable decision by the Social Security Administration involves a three-step appeal procedure. If you are still dissatisfied, you have the right to sue in federal court. The steps include.
• Reconsideration: The reconsideration step entails a full review by the Social Security Administration of its first decision. A representative who was not a part of the original application or decision making will conduct the review. This person will also review any new evidence you may have.
• Hearing: An administrative law judge will conduct a hearing. You may appear in person, although it is not mandatory.
• Appeals council review: The Appeals Council of the Social Security Administration will not review every hearing decision. For the decisions that it does review, the council will either make a decision or return your appeal to the administrative law judge for additional review.
The three steps of the appeals process concludes with of the outcome and a 60-day period during which you are allowed to file for further review. If you are unsatisfied with the final appeal decision, you may bring suit in federal court within 60 days of the decision.