BASIC INFORMATION ABOUT SOCIAL SECURITY DISABILITY
WHAT IS SSDI? SSDI
stands for Social Security Disability Insurance. Since 1956, the US
government has required most workers to contribute to a mandatory
disability plan administered by the Social Security Administration.
Workers contribute approximately 7.5% of their income (listed as FICA
tax on your pay stub) and employers match the amount. The money goes
into a trust account under each worker's Social Security number. Then,
if a disability occurs, the worker can apply for disability benefits.
What Are Basic Requirements for Disability? Assuming a person has worked long enough and recently enough to be covered, here are the basic rules for getting SSDI benefits:
1) File an application with supporting forms. It takes 90 to 120 days for a decision. 32% are approved at this stage. The rest must appeal.
2) If denied, ask for a hearing before an administrative law judge (ALJ). It now takes about 15 months to get a hearing. Professional representation is highly recommended.
May I Represent Myself? You may always represent yourself. This called representation pro se. It is legally permissible but not a good idea. Most judges recommend that claimants obtain representation and will even postpone a hearing to allow time to find a representative. If you insist on representing yourself, the judge will have you sign a form stating that you have been offered the opportunity for representation but have declined.
How Can I Afford a Representative/Attorney? Representatives will not charge you a fee until after you win your claim and collect back pay. Social Security will deduct the agreed upon attorney's fee from back pay and pay the representative directly. If you do not receive back pay, there will be no attorney's fee.
THE FORSYTHE FIRM, HUNTSVILLE, AL. If you would like a free evaluation of your Social Security disability case, please call the Forsythe Firm in Huntsville at (256) 799-0297. There is never a charge for an initial consultation.
Our firm is focused strictly on Social Security disability. You will deal with an experienced, local representative who has handled hundreds of cases like yours. We will be here for you at every step, from filing the application through the appeals process if necessary. (256) 799-0297.
What Are Basic Requirements for Disability? Assuming a person has worked long enough and recently enough to be covered, here are the basic rules for getting SSDI benefits:
- at least 1 severe impairment that is medically determinable (provable)
- the impairment will last a minimum of 12 consecutive months
- the impairment is severe enough that the claimant has stopped working full-time
1) File an application with supporting forms. It takes 90 to 120 days for a decision. 32% are approved at this stage. The rest must appeal.
2) If denied, ask for a hearing before an administrative law judge (ALJ). It now takes about 15 months to get a hearing. Professional representation is highly recommended.
May I Represent Myself? You may always represent yourself. This called representation pro se. It is legally permissible but not a good idea. Most judges recommend that claimants obtain representation and will even postpone a hearing to allow time to find a representative. If you insist on representing yourself, the judge will have you sign a form stating that you have been offered the opportunity for representation but have declined.
How Can I Afford a Representative/Attorney? Representatives will not charge you a fee until after you win your claim and collect back pay. Social Security will deduct the agreed upon attorney's fee from back pay and pay the representative directly. If you do not receive back pay, there will be no attorney's fee.
THE FORSYTHE FIRM, HUNTSVILLE, AL. If you would like a free evaluation of your Social Security disability case, please call the Forsythe Firm in Huntsville at (256) 799-0297. There is never a charge for an initial consultation.
Our firm is focused strictly on Social Security disability. You will deal with an experienced, local representative who has handled hundreds of cases like yours. We will be here for you at every step, from filing the application through the appeals process if necessary. (256) 799-0297.
In our experience, about 70 percent of disability applications are denied and must be appealed before benefits are paid. This is just routine. The appeal is a complex legal proceeding before the Office of Disability Adjudication and Review (ODAR) and a US Administrative Law Judge (ALJ). It is at this hearing that you have your best chance of approval. Once you get a denial letter, you only have 60 days to appeal / ask for a hearing. This 60 day deadline is very strict and won't be extended. For most people, getting Social Security disability benefits is a tough fight. But usually, it can be done, if you meet the basic requirements. Having a representative who will fight for you is a key consideration.
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ReplyDeleteCan you afford to hire top notch legal representation for your Social Security disability claim? YES, you can. Because you are never charged unless your case wins and pays you retroactive benefits or "back pay." Then, your fee comes directly from the Social Security Administration. It's a no risk proposition for the claimant. Your odds are much better with an experienced disability advocate or legal representative who knows the law and Social Security's rules.
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