The social security system is complicated and applicants for disability should have an attorney. A big part of obtaining benefits is proving one’s disability. The Social Security Administration (the agency) defines disability as a condition that lasts a year or results in death. Further, the disability must prevent the applicant from making enough money to live a comfortable life. In addition, just because a doctor disables an individual, SSA may not.
It is highly recommended that applicants hire an experienced social security attorney. They understand the many complicated forms and endless questions asked by SSA. The forms have questions like, “How does your disability affect your ability to care for your personal needs?” The average person may not understand the definition of personal needs. When someone applies for disability, they apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Disabled people must have enough work credits with the agency to qualify. This means they must have worked for several years and paid into the social security system. The amount of your check depends on how much you earned while working.
SSI is a joint program between the agency and the state where you live. To receive SSI, one must meet the following criteria:
• be blind, disabled or at least 65 years old
• must be a U.S. citizen
• monthly income must be low
• must not own property worth more than $2,000 or $3,000 for a couple
If approved, one would receive $733 per month or $1100 per month if it’s a couple. Approved applicants will also receive Medicaid and food stamps. If a disability claim is initially denied, the attorney will file a Request for Reconsideration. The claim is completely reviewed again at the state level for reconsideration. New claims examiners will review your case this time. If the reconsideration fails, one may apply for a hearing. The hearing is held before an Administrative Law Judge. Often, the state will have a vocational expert testify. The applicant may also have witnesses testify at the hearing. Applicants who lose at the hearing level may file with the Appeals Council. Hire the best attorney possible to apply for disability.
Check out our videos on Youtube.
