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Social Security Disability

The following descriptions are meant to be only a brief summary of the law in this area. You should never rely upon these descriptions in lieu of legal advice by a licensed attorney

• Eligibility for Social Security Disability Benefits - If you have a history of employment for at least five of the past ten years and a physical or mental impairment is preventing you from any kind of substantial gainful employment, you may qualify for Social Security Disability benefits.

• Qualification for Social Security Disability benefits -You must be able to prove that you cannot perform any regular, paying job because you are disabled. Your disability must also be expected to last at least twelve months or result in death.

• Application for benefits - Call your local Social Security office or the toll-free number at 1-800-772-1213 Or you can apply online at https://www.ssa.gov/forms/apply-for-benefits.html as soon as possible after the disability occurs. The Social Security office will schedule an appointment to take your application. You will need the following documents when applying:
  • an original or certified copy of your birth certificate
  • Social Security numbers of all persons applying for benefits
  • names, addresses and phone numbers of all medical providers
  • medical records and dates of treatment from all medical providers
  • a list of all medications you are currently taking

• Social Security Benefits - You will receive benefits beginning five full months after you became disabled. You can receive up to $1500 per month depending on your past earnings. If you have a family, you could receive additional benefits.

• Denied Social Security Cases - The Social Security Administration will usually deny benefits on the first application. After your first denial of benefits, you can file a Request for Reconsideration. This must be done within 60 days of the date of the denial letter. Your case will be reviewed again and you will be notified by mail of the decision, and it is likely that the request for reconsideration will also be denied. You can appeal the decision by asking for a hearing. You have 60 days to file a Request for Hearing at your local Social Security office. The hearing is a chance for you to explain your situation directly to a Judge who can grant you benefits. The best chance to get a denied case approved is to have a hearing. And the best way to win at the hearing is to be represented.