HOW TO GET SSDI PAYMENTS (Social Security Disability Benefits)
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 insurance 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 that amount. The money goes
into a trust account under each worker's Social Security number. A worker must accumulate a certain number of "quarters of coverage" based on payroll deductions to be covered by Social Security (SSDI). Then,
if a disability occurs, the worker can apply for disability benefits. If the worker can meet the medical definition of "disability," benefits will be paid.
What Are Basic Medical 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. Based on the past ten year averages, about 23 percent 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 18 months to get a hearing. If the judge eventually approves your appeal, you will probably get back pay for the months you have been waiting.
Professional representation is highly recommended. Appealing a medical denial by Social Security is a complex legal maneuver that can be confusing, complicated and overwhelming. Not something you want to go through without a professional in your corner.
Does the Government Protect Me From Big Legal Fees If I Lose My Case?
Yes. Fees by your attorney or non-attorney representative a regulated by the Social Security regulations. Any fee payment must be approved in advance by Social Security. If you don't win an award (get paid) there can be no fee payment. Even if you are awarded benefits, your representative can only be paid out of back pay or past due benefits. If no back pay or past due benefits are awarded, there is no fee for the representative. So you are protected.
Can't My Representative Charge Me for Expenses--Money He Spent Out of Pocket?
Only if you win and receive benefits. Otherwise, your representative may not charge you for money he or she spent on your case, such as purchasing medical records, doctor's reports, etc. Again, you are protected.
FIND OUT MORE ABOUT DISABILITY PAYMENTS
BY PHONE (256) 431-1599 (256) 799-0297
What Are Basic Medical 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 and is not expected to go back to work for at least 12 months (called the "duration requirement").
1) File an application with supporting forms. It takes 90 to 120 days for a decision. Based on the past ten year averages, about 23 percent 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 18 months to get a hearing. If the judge eventually approves your appeal, you will probably get back pay for the months you have been waiting.
Professional representation is highly recommended. Appealing a medical denial by Social Security is a complex legal maneuver that can be confusing, complicated and overwhelming. Not something you want to go through without a professional in your corner.
Does the Government Protect Me From Big Legal Fees If I Lose My Case?
Yes. Fees by your attorney or non-attorney representative a regulated by the Social Security regulations. Any fee payment must be approved in advance by Social Security. If you don't win an award (get paid) there can be no fee payment. Even if you are awarded benefits, your representative can only be paid out of back pay or past due benefits. If no back pay or past due benefits are awarded, there is no fee for the representative. So you are protected.
Can't My Representative Charge Me for Expenses--Money He Spent Out of Pocket?
Only if you win and receive benefits. Otherwise, your representative may not charge you for money he or she spent on your case, such as purchasing medical records, doctor's reports, etc. Again, you are protected.
FIND OUT MORE ABOUT DISABILITY PAYMENTS
BY PHONE (256) 431-1599 (256) 799-0297
Unfortunately, eligible and qualified veterans get denied by Social Security regularly. These cases nearly always win on appeal, especially if they are represented by someone who knows the system and knows how to pursue an appeal. I love handling cases of veterans who have sacrificed and now deserve to get the benefits they were promised (and to which they are entitled). Call me!
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