Social Security Disability Attorneys
Social security disability insurance provides payments to qualified persons who are considered “disabled” by the federal government. Often, injured persons will apply for social security disability benefits but will be denied. The Law Offices of Lee Steinberg, P.C. specializes in social security disability appeals and works closely with clients to help them obtain the benefits they deserve.
What is Social Security Disability?
Social Security Disability is a benefit received from the Social Security Administration by disabled workers, and in some cases, their dependents, that are similar to old-age benefits received by retired workers.
Typically, the benefit is a monthly check sent by the federal government. The amount of the check depends on a number of factors, including your work history, the number of dependents, and previous income.
How do I qualify for Social Security Disability?
To quality for Social Security Disability benefits, you must meet the federal government’s definition of disability. Disability is defined as being unable to engage in any substantial gainful activity because of a medically determinable physical or mental impairment which can be expected to last for a continuous period of at least12 months, or be expected to result in death.
Inability to engage in substantial gainful activity (SGA) means that if you work, you do not earn more than a certain amount of money. This amount changes every year. If you have an impairment that meets the requirements for disability, you won’t qualify for SSD if you earn more than the SGA level.
A medically determinable physical or mental impairment is a disorder that results from anatomical, physiological or psychological abnormalities that can be established by medically acceptable tests. To discover this information, the government can ask to examine your medical records, order medical tests, or have you examined by a physician they chose. Your individual complaints are important, but those alone are not enough to show disability.
Who is eligible for Social Security Disability?
To receive Social Security Disability benefits, a person must also be eligible. Generally, SSD benefits are available to individuals under 65 who have been employed for at least five out of the last ten years. The law requires that you earn a certain number of work credits in a specified time before you are eligible for benefits. The number of work credits needed to receive benefits depends on your age when you become disabled. Most people need at least 20 credits earned over ten years; however, younger workers may qualify with fewer credits.
How does the Social Security Administration decide claims?
When determining a social security disability claim, the SSA evaluates a specific set of criteria. This criteria is the same for each person:
If an impairment you have matches a listing, you will be found disabled and granted benefits. However, if none of your impairments meet a listing, the SSA must determine if your impairments in total equal the severity required for a similar impairment. If the SSA determines your impairment equals those from the Listing of Impairments, you will receive benefits.
What is the difference between Social Security Disability and SSI?
SSD is different from SSI (Supplemental Security Income). SSI is a program which provides payments to an adult or child who is disabled and has limited income and resources. Typically, SSI is available to disabled adults or children who have not worked long enough within the last ten years to receive SSD benefits.
To qualify for SSI, your monthly income cannot exceed something called the federal benefit rate (FBR). In addition, your resources cannot exceed certain limits. These “resources” include cash or another asset that can be converted to cash and used for support. SSI disability payments are usually only available to U.S. citizens.
What is the process for obtaining Social Security Disability?
The first step is to actually apply for social security benefits from the federal government. This can be done by filling out an application at your local Social Security Administration (SSA) office or by applying online atwww.ssa.gov. SSA may ask you for your last pay stub or W-2 as well as copies of your medical records.
Most disability applications are denied at the initial level by the Social Security Administration. If denied, you are given a time frame in which to file an appeal. If an appeal is not filed within the given time, you must start the entire process all over again.
If you elect to appeal, our law firm can help you complete the appropriate appeal forms and file a Request for Hearing and have your case heard before an administrative law judge (ALJ). Our firm will help compile medical records and other documentation to ensure the ALJ makes an informed decision on your disability case.
How much money do I receive if I qualify for Social Security Disability?
The amount of money a disabled claimant receives depends on a person’s previous work history and income.
The Law Offices of Lee Steinberg, P.C. has successfully represented countless clients in appealing their initial Social Security Disability denial. We understand the difficulties our clients face in obtaining benefits and fight for the benefits our clients deserve. We are committed to a successful resolution of our client’s Social Security Disability benefits claim.
Call the Law Offices of Lee Steinberg, P.C. at 1.800.LEE.FREE (533-3733) for your free consultation.