SOCIAL SECURITY DISABILITY ATTORNEYS
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Receive Social Security Disability Benefits with a Social Security Attorney
Since millions of Americans apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) each year, the chances of a claim being denied are high. And the paperwork is overwhelming to say the least. So, what do you do to ensure you get the benefits you need to survive physically and financially after becoming disabled? Hiring an attorney who knows social security law is the first step. At Saffren & Weinberg, our attorneys will help you understand the application process and fight for your benefits, including lost wages and medical expenses.
What is the Difference Between SSDI and SSI?
Although both are government programs and managed by the Social Security Administration, there are differences between the two. SSDI is available to those who have a work history. They have paid into the social security fund (FICA Social Security taxes). They must be between the ages of 18 and 65 to receive benefits and can be eligible for Medicaid after two years of receiving SSDI benefits. A disabled person’s spouse and children may receive partial benefits (auxiliary benefits).
For those who have little or no work history and are low-income, they are eligible for SSI. SSI is a “need-based” program and is funded by general taxes. A person must have less than $2,000 in assets ($3,000 for a couple). A disabled person who is eligible for SSI can also receive Medicaid benefits. Also, a person age 65 can receive SSI who is not disabled but meets the financial criteria.
When an SSDI or SSI Claim is Denied
When either claim is denied, there is a special appeals process. A review of the application or a hearing can be requested. Although it is evident to you and your family that you have become disabled (physically or mentally), the Social Security Administration requires proof, which may include a “consultation examination” by your doctor or a doctor designated by the Social Security Administration, to receive either SSDI or SSI benefits.
Your medical condition must be meet the Social Security Administration’s definition of “disabled”:
- You cannot perform your old job duties;
- You cannot adjust to other work due to your disability; and
- Your disability will last for more than one year.
The Blue Book
The Social Security Administration has a Blue Book that contains numerous disability impairments and the criteria, which includes:
- Respiratory Disorders
- Special Senses & Speech
- Mental Disorders
- Immune System Disorders
The mental disorders and immune system disorders were added on January 1, 2017. The mental disorders include schizophrenia spectrum, autism spectrum and trauma and stress-related disorders. And the immune system disorders include autoimmune disorders, immune deficiency disorders, and HIV infection.
A Denied Claim
Once you receive the denial letter, you only have 60 days to file an appeal. After 60 days, you must file a new application. Don’t wait to get the benefits you are entitled to – contact us today!
For medical evidence of your condition, our attorneys know which doctors to ask:
- What supportive statements are needed;
- Which medical records are relevant to your claim; and
- What to do with “bad” evidence that will damage your case.
We will prove that your condition meets the disability criteria and that you cannot be gainfully employed.
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