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Disability Associates |
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| SECTION 1 ..Are You Eligible? ..The Process ..Application SECTION 2
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ARE YOU ELIGIBLE FOR BENEFITS? If you have been or are
going to be disabled for twelve (12) or more months, you may qualify for
benefits from Social Security. It does not matter if your disability
is the result of injury, illness, or a job-related accident covered by
workers compensation. THE PROCESS The process to obtain benefits may be long and complicated. APPLICATION You must fill out an extensive application and submit it to the government. More than sixty percent (60%) of these applications are initially rejected...many because they are improperly completed. RECONSIDERATION If your application is denied, you may appeal. This first appeal is called a Reconsideration. You can respond to the government's objections in writing citing both medical and legal facts. HEARING This is the first time in the entire process that you go before an impartial judge and tell your story. Until now, all of the decisions have been on a review of your file. Now, the Administrative Law Judge will see you and hear your evidence in person. This is a very important part of the process. The judge is not part of Social Security. The judges work for a totally independent organization called the Office of Hearings and Appeals. After hearing all the evidence, the judge makes a decision. I t is either in your favor or against you. If it is against you, you have the right to appeal to the Appeals Council. |
APPEALS COUNCIL This is the last administrative step before Federal Court. Here, the Appeals Council not only reviews your file, but also reviews your legal motions concerning the law of Social Security and the record made at the Hearing. IS A LAWYER NEEDED? A lawyer can represent you at any time during the process. Statistics show those represented by a lawyer are more successful than those without counsel. You should also know that more than sixty percent (60%) of applicants fail on the initial application. However, many of those cases can result in a favorable decision for the claimant when represented. You should contact a lawyer as soon as possible. You may wish to go through some of the initial steps alone. However, remember that what you write on your initial application stays in your file and is reviewed at every step of the process.
If you hire a lawyer, you should provide: · Every paper you have received from Social Security. · All medical records you have. · Names and addresses of your medical providers (including hospitals). · Names and addresses of all your employers and the jobs held for the past fifteen (15) years and brief description of each. · A complete list of medications you are taking, the dosages for each, and the prescribing doctor for each. |
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The key is whether you can
do a job according to the complex rules of the Social Security
Administration. Many people do qualify under the rules. You can
collect benefits from workers compensation, private
insurance, and Social Security. There may be an offset for these
benefits. To determine your disability, the government will consider
your age, education, work experience, and y our medical conditions.