SOCIAL SECURITY DISABILITY (SSD)
HAS A DISABILITY PREVENTED YOU FROM WORKING?
DO YOU EXPECT THIS CONDITION TO CONTINUE?
HAVE YOU BEEN DENIED SOCIAL SECURITY BENEFITS?
DO YOU WISH TO FIND OUT OPTIONS WITH YOUR CLAIM?
THEN, CALL ME TODAY AT 205.879.2490
The majority of individuals who apply for Social Security disability benefits get denied on their first attempt. The reason most people get turned down on their first attempt for disability benefits is because the individual does not present his case to the Social Security exactly as prescribed. Social Security Administration is very specific as to the questions which must be answered. For instance, when the Social Security Administration asks for names of your physicians, treatment, diagnosis, and dates seen, they must have that information in order to obtain copies of your medical records and evaluate your claim for disability. The failure to provide specific information as to the address of your physician, full name, etc., can only mean that Social Security will probably turn down your case because of their inability to evaluate your claim. After you have been turned down by the Social Security Administration, the next step in
Should you wish to have me assist you in obtaining Social Security Disability benefits, please feel free to call for a free consultation. Below are some general questions and answers often asked regarding Social Security Disability benefits.
FREQUENTLY ASKED QUESTIONS
1. How do I qualify for Social Security Disability Benefits?
In order to qualify for Social Security Disability benefits, you must first have worked in a job covered by Social Security. You must have a medical condition that meets Social Security definition of disability.
2. How much work do I need to be eligible for Social Security Disability?
In order to meet the Social Security Administration’s definition of disability, you must have worked long enough, and recently enough, under Social Security in order to qualify for disability benefits. Social Security work credits are based on your total yearly wages or self-employment tax. You can earn up to 4 credits each year. The amount you need for a credit changes from year to year. For example, in 2008, you earn one credit for each $1,050.00 of wages or self employment income. When you have earned $4,200.00 in 2008, you will have earned four credits for the year. The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Generally, you will need 40 credits in order to qualify for disability benefits, 20 of which were earned in the last 10 years ending with the year you became disabled. However, younger workers may qualify with fewer credits.
3. What does Social Security mean by disability?
Social Security Administration’s definition of disability is different than other programs. Social Security only pays for total disability. There is no payment from the Social Security Administration for partial disability or for a short term disability. Disability under the Social Security Administration’s definition is based on your inability to work. Social Security will consider you disabled under their rules if you cannot do work that you did before; Social Security decides you cannot adjust to other work because of your medical condition(s); and your disability has resulted or is expected to last for at least one year or result in death.
4. How much can I make per year but still be considered disabled under Social Security's definition?
If you are working in 2008 and your earnings average more than $940.00 a month, you generally cannot be considered disabled.
5. How does Social Security decide if you are disabled?
Social Security uses a step by step process involving five questions to determine if you are disabled. The questions are:
a. Are you working?
If you are working in 2008 and your earnings average more than $940.00 a month, you generally cannot be considered as disabled.
b. Is your condition severe?
In order to receive disability benefits, you condition must interfere with basic work related activities. If your condition does not interfere with basic work related activities, the Social Security Administration will find that you are not disabled.
c. Is your condition found in a list of disabling conditions?
For each of the major body systems, the Social Security Administration maintains a list of medical conditions that are so severe that you are automatically disabled. If your condition is not on the list, Social Security must then decide if your condition is of equal severity to a medical condition on the list.
d. Can you do the work you previously performed?
If your condition is severe but not at the same or equal level of severity as a medical condition on the list of medical conditions maintained by Social Security, then the Social Security Administration must determine if your medical condition interferes with your ability to do the work you performed previously. If your condition does not interfere with your ability to do the job you did previously, your claim will be denied.
e. Can you do any other type of work?
If you cannot do the work you did in the past, Social Security will determine if you are able to adjust to other work. Social Security will consider your medical condition, age, education, past work experiences, and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim for disability benefits will be denied.
6. Are there any family benefits available?
When you start receiving disability benefits, members of your family including a spouse and children may be eligible for monthly benefits of up to 50% of your disability rate. However, there is a limit to the total amount of money which can be paid to a family on your Social Security record.
7. How does my attorney get paid?
I work on a contingency fee arrangement. If I am unsuccessful on your claim, I do not get paid. If I am successful, I receive a fee up to 25% of any past due benefits up to a maximum of $6,000.