Social Security Disability
What is Social Security Disability?
In order to be considered disabled by the Social Security Administration, a person must be unable to engage in any substantial gainful activity, which exists in reasonable numbers in the national economy, by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months. In other words, a person is determined to be disabled only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work, but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.
Who May Receive Social Security Disability Benefits?
Title II of the Social Security Act describes benefits for wage earners who become disabled. The Disability Insurance Benefits (DIB) of Title II accrue to people who have worked and have paid into their Social Security account through payroll deductions or through payment of self-employment tax. In order to have insured status, a person must have paid into the system in 20 out of the past 40 quarters of years.
Title XVI of the Social Security Act provides benefits for people who have not earned wages and have become disabled. A claimant's income and resources must be below the levels set periodically by the regulations in order to qualify for Supplemental Security Income (SSI) benefits. In the usual case, the person must not have more than $2,000.00 in income and resources or $3,000.00 per couple, to qualify. Property such as the person's home and a motor vehicle not exceeding $4,500.00 in value are excluded from the amount allowed.
What Steps Should I Take In Order to Receive Social Security Disability Benefits?
Your first step is to telephone the Social Security Administration (SSA) at 1-800-772-1213. When you call, you will be given the choice of 1) going to the social security office to apply for benefits or 2) having your application taken over the telephone. If you choose to go to the social security office, the person at the 800 number will schedule an appointment for you and give you directions to your nearest social security office. If you want to apply by telephone, you will be given a date and an approximate time to expect a telephone call from someone at the social security office who will take your application over the telephone. The SSA usually will not let a lawyer (or anyone else) file the application for you.
What you should do if you are denied benefits.
Most people are denied after the first application. It is very important to appeal the denial within sixty days by filing a "Request for Reconsideration". Usually, the Request for Reconsideration will also result in a denial. Within sixty days after that second denial, you must request a hearing before an Administrative Law Judge. This is the time when you should retain an attorney. At the Law Office of Michael Ponce & Associates we can assist you in presenting your case to the Judge.
Call the Law Office of Michael Ponce anytime for a free consultation (615) 851-1776.