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Social Security Disability and/or Supplemental Security Income (SSI) benefits are available for persons who are unable to work because of a severe impairment that either has lasted or is expected to last at least 12 months in a row. The impairment can be due to physical problems or mental problems, or both.
Social Security disability benefits are paid to disabled persons who have an established record of work earnings and who therefore have paid Social Security taxes into the system. SSI benefits are paid to disabled persons who either don’t have a sufficient work history or whose disability payments are very low. The rules for establishing disability under Social Security disability and under SSI are the same, but SSI benefits additionally require that there is a financial need.
The process of establishing eligibility to receive Social Security disability benefits and SSI benefits begins with an application at a local Social Security Administration (SSA) office, or by contacting the Social Security Administration by telephone at 800-772-1213.
If you are denied benefits on your initial application, you are given 60 days to request reconsideration (always carefully read all letters and correspondence received from SSA). You must go through this request step to keep the process going. After being denied benefits a second time, you then have another 60 days to request a hearing in front of an Administrative Law Judge (ALJ), who must make a new decision independent of the decisions made by the lower levels.
It is at the hearing level that many claimants hire a lawyer. The hearing process allows you to present additional medical evidence as well as giving you a chance to explain directly to the ALJ exactly what your problems are and how they prevent you from working. If you have been turned down at the earlier levels, this hearing is generally your best opportunity to establish that you are entitled to receive benefits. You do also have further appeal rights if the ALJ decides against you – these rights can be discussed with, and explained to you, by an attorney.
If you feel that you have been unfairly turned down for Social Security disability benefits or for SSI benefits, please call Mr. Coy for a consultation. Attorney representation is available on a ‘contingent’ basis, which means that if you win your case, the attorney is paid a percentage of the back benefits that should have been paid during the time that you were in the process of disputing the Social Security’s denials. If you do not win, you do not owe the attorney any fees, but whether you win or lose, you are responsible to pay any costs involved in your case (such as paying a doctor for a report to support your case). These issues will be discussed with Mr. Coy in the initial consultation.
For more information, a very good source of information regarding Social Security in general, and Social Security disability and SSI benefits specifically, can be found at:
Social Security Web Site
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