Steps for Filing a Social Security Disability Claim
Legal Article GuideBy: Sara Goldstein
Social Security Disability (SSD) is paid to people who’ve been in the workforce but are now unable to work and need to start getting their Social Security benefits earlier than the standard retirement age. It’s governed by the federal Social Security Disability Act.
If you’re over 31 you would usually have to have worked and paid into the Social Security system for 5 of the previous 10 years
If you’re under 31, that requirement is modified
What does “disabled” mean?
The federal Social Security Administration sets this meaning.
Disability can be physical or emotional or a combination of these
It must be severe enough to prevent you from performing a regular job for at least a year
A doctor must state that you’re disabled “by medically acceptable clinical and laboratory findings”.
Sometimes a disabling condition can’t be established by standard testing, especially if it has an emotional component. If you find yourself in that situation, a good disability lawyer can help.
If you’re become disabled and are unable to get your old job back, that in itself doesn’t qualify you. If you’ve been looking for a job but been unable to find one, that also, in itself, doesn’t qualify you.
The issue is:
· Are you physically and emotionally able to do some kind of job that’s available in the workplace?
Can I apply for my own SSD?
Yes, everyone can apply for their own benefits. But don’t expect it to be easy.
Long waiting lines
Complicated forms to fill out
Complicated regulations
You may be denied even though your claim is legitimate
You may be denied again at the appeals stage
It can be quite discouraging and tedious. There’s another level of appeal where you have a live hearing before an administrative law judge (ALJ). You can argue your case and provide evidence and might be able to win at that stage. But people who are represented by a lawyer win their benefits a lot more often.
Claim denials
Claims are begun by filing in person at your local SS office, or by telephone. If your claim is denied at any stage, and you don’t appeal, your claim is dismissed. Then you must start again.
You should appeal the denial if you think your claim is legitimate. The time limit for appealing is 60 days.
There are 4 levels of decision:
1. Initial determination
2. Reconsideration
3. An ALJ Hearing
4. Review by the appeals council
If you’re denied at all these levels, a case can be filed in a federal court. If you have become disabled but been rejected for social security disability benefits, contact a disability lawyer for a free legal consultation. The SS regulations allow you to hire an attorney on a contingency fee basis and there’s a cap of $5,300 for the lawyer’s fee when you win. If you have to take your appeal all the way to a federal court, this cap is raised to 25% of all past due benefits eventually collected. So don’t give up too soon. If your claim is legitimate, you should receive your benefits. Contact a good social security disability benefits attorney today.
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