For Social Security Disability purposes: a Disability is a medical condition(s) (mental and/or physical) that keeps you from working for at least 12 months or is terminal. It is the claimants burden to prove disability. To determine if you are disabled, Social Security looks at your condition(s), limitations related to your condition(s), age, education and past relevant work. The Social Security Administration has a large number of rules on what aspects of an illness or disease consitutes a disability.
A Social Security Disability case generally goes through all administrative channels which are initial application, reconsideration and finally a hearing with an Administrative Law Judge. If the case is denied in each step then the case may be appealed to Federal Court. Only an attorney can take your case to Federal Court.
When do I file for Social Security Disability or Social Security Disability Insurance (SSDI)?
Generally it is best to file when your medical condition becomes so severe that you can no longer work.
What is the process to request Social Security Disability or SSDI?
Initial application is generally followed by a denial after about 60-90 days. The claimant has 60 days to appeal the denial and at this point a request for reconsideration is filed. Again, most of the time the claim is denied after about 60-90 days and the claimant has 60 days to file an appeal. At this time the claimant request a hearing with an administrative law judge. From the request for hearing to the actual hearing it takes about 1 year.
Will Social Security Administration send me to evaluations?
Yes, you will be sent to evaluations and you have the obligation to attend those evaluations.
How long does the Social Security process take?
Generally, it takes 2 years from application to hearing with an Administrative Law Judge.
How much do I have to pay an attorney to represent my SSDI Case?
Under Social Security Rules, an attorney will receive 25% of the back pay owed but no more than $6000.00.
What is the most important part of the Social Security Disability Case?
To prove disability, the Claimant must have medical documentation to prove the disability.
We at Telfer, Faherty, Anderson & Hawkins, P.L. have represented Social Security Disability clients successfully for many years. We understand the complexity of the Social Security system and the difficulties you encounter throughout the process. It is important for you to understand that being denied initially and possibly also on reconsideration is just a step in the process and you should not be discouraged. Our practice includes representing children as well as adults and we are prepared to take cases to hearing on short notice. We believe you should seek representation by an experienced attorney before you are called to the hearing. It would be our honor to represent you with your claim for Social Security Disability Benefits or Supplemental Security Income.
If you have not already applied for Social Security Benefits here is a link to the official website to apply online. www.SSA.gov
We represent persons through the claims process. If you have been denied please call us for a FREE consultation.
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