Many clients ask me what it takes to qualify for Social Security disability insurance benefits, or SSDI.
What medical conditions qualify? While there are some serious conditions that may automatically qualify someone for disability (this is called “meeting a listing”), most folks who are awarded SSDI have proved to Social Security that:
1. They have worked long enough and pay enough into the system to qualify for coverage (generally 5 of the last 10 years before the disability),
2. They have a severe physical and/or mental impairment or impairments,
3. That because of these impairments they are unable to work, or if they can only work part time they make less than $1,550 a month, and
4. They are unable to do other jobs that are currently available in the economy.
As a disablity attorney, my job is to gather evidence to meet these requirements and present it to the Social Security Administration, along with legal arguments. I have a proven track record of winning these cases.
Most people who apply for disability benefits are turned down the first time they apply. The good news is there is an appeals process, and this is where I can also help you.
If your initial claim is denied, I can file the first level of appeal, called a Request for Reconsideration (called the “Recon” level). The deadline to file is 60 days from the date of the denial letter from SSA; however I can sometimes get an extension of time for my clients to appeal. A brand new adjudicator is assigned to your case, and this adjudicator takes a fresh look at your claim.
Many of my clients are approved for disability at this first level of appeal. However, if this appeal is denied I then file the level of next appeal, called a “Request for Hearing.” When I file that appeal the case is transferred from the SSA Field Office to a different division of SSA, called the “Office of Hearings Operations”. An Administrative Law Judge is assigned to the case, and a court date is set. When court is held I appear with my client at the Hearing and argue the case. This Hearing level is where most of my clients get approved for disability benefits.
If you lose at the Hearing level, there are still more appeals available. The first post-hearing appeal is filed with the Appeals Council, who reviews the case and either affirms the denial, reverses the denial or sends the case back (“remands” the case) to the Judge to clarify some issues. In that case a new Hearing is held.
If you lose at the Appeals Council you still have another appeal available. You can file an appeal in Federal District Court, which is actually filing suit against the SSA.
The appeals process can take a very long time to complete. That is why I often file a new claim for disability for my client as he or she is waiting on the appeals process to play out.
The bottom line is that a disabled individual has a number of opportunities available to appeal an unfair denial of their claim for disability. I have succesfully won thousands of disability cases at all levels.. If you are applying for SSDI or have been already been turned down, contact me today for a free consultation. (800) 615-1946.