Macon Social Security Disability Attorneys
Disability is something most people do not like to think about. However, the chances that you will become disabled are probably greater than you realize. Studies show that a 20-year-old worker has a 3-in-10 chance of becoming disabled before reaching full retirement age.
Because of this, it is important to know what is involved in applying for social security disability. Anyone can apply, but what you can apply for varies. When you apply for social security disability, there are two types of benefits in which you may qualify: (1) Social Security Disability Insurance (SSDI) benefits under Title II, and (2) Supplemental Security Income (SSI) benefits under Title XVI.
The first type, SSDI benefits, is generally preferable because the monthly benefit amount is higher, and individuals qualifying for these benefits also become eligible for Medicare benefits. However, to apply for this type of benefit, the Claimant must have met the earnings requirement which considers: (1) your ‘recent work’ based upon your age at the time you became disabled, and also (2) your ‘duration of work’ to determine whether you have worked long enough to be eligible for these benefits. Click here for more information.
Individuals who do not meet the criteria for SSDI, may still qualify for SSI. This alternative program is available for individuals who have low income and few resources. Click here for more information.
Both SSDI or SSI
For both types of benefits (SSDI or SSI), the definition of disability is the same. Social Security uses a very strict definition of ‘disability’ to decide your claim. The law defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months.
In evaluating this very strict disability standard, Social Security regulations uses a complicated five step process. In this process, Social Security will look not just at your medical problems, but also they will look at your age, education, training and work experience when they decide whether you can work in other occupations. It is important to know in applying for social security, there is often a three stage application and review process. Most claims require, (1) an initial application, (2) request for reconsideration, and (3) and a Hearing by an administrative law judge. Each stage has strict filing deadlines, and if you ever miss a deadline, your options for being later approved are much more limited.
With well over half of all applications being denied even through the request for reconsideration level, having a well-trained legal advisor building your case from the outset is essential to ensuring your file accurately and thoroughly reflects your disabilities thus enabling the Social Security Administration (SSA) to make a finding of disabled and commencing benefits.
Should you be unable to work due to a diagnosed medical disability, contact us for a FREE initial consultation to discuss your options with Social Security.