What Are Social Security Disability Benefits?
Social security disability benefits are benefits paid to qualified workers who can’t work due to severe illness or injuries that are expected to last for at least one year. It’s an insurance benefit that workers pay for in their federal payroll taxes. It is funded with part of the FICA taxes that workers pay, so it’s insurance, not welfare.
Who Actually Qualifies For Social Security Disability Benefits?
In order to qualify for social security disability benefits, you must have a severe physical or mental impairment that prevents you from being gainfully employed. In addition, you would have to have worked five years out of the previous 10 years, in order to have paid enough quarters into the system. If you are found to have been disabled but have not paid enough quarters (FICA taxes), then you still may qualify for what’s called supplemental security income (SSI). However, SSI is on a “needs” basis, so the Social Security Administration will look at what assets and other household income that you have. So if you live with a spouse who is working and gainfully employed, then you may not qualify for SSI.
How Soon Do The Disability Benefits Actually Begin Once I Qualify?
Disability benefits begin about one to five months after they find you to be disabled. There is a five-month waiting period, so if they determine that you are disabled today, it will be five months before your benefits begin.
Are Most Social Security Disability Claims Initially Denied?
Approximately 70 percent of first time claimants are denied for various reasons. It could be that the injury or illness is not determined to be as severe as the person thought it was, or that the claimant doesn’t have any recent medical records that document the claimant’s impairments. The Social Security Administration will review all of a claimant’s medical records, and it is especially important that they have recent records in order that they can assess the claimant’s current condition.
What Steps Do I Need To Take If I Am Initially Denied Social Security Disability Benefits?
You can appeal the initial decision, by requesting hearing before an administrative law judge, within 60 days of the receipt of the denial letter. A claimant can do this online, in person at their local Social Security office, or they can call the Social Security Administration and have a form HA-501-U2 mailed to them. The request for a hearing must be in writing. I would also advise anyone who has been denied, to contact an attorney who is knowledgeable in matters of social security as soon as they can. An experienced Social Security Disability attorney will know what steps need to be taken to prepare your case for the hearing.
Should I Appeal A Denial Or Should I Re-File Altogether?
For most people, I would recommend that they appeal the decision. There may be time limitations depending on their date of last insured. If you haven’t worked for several years, you might not be insured if you wait too long. In some cases, you can also file a new claim, but I would definitely advise anyone to contact an attorney. Most of the time, they are going to file an appeal within 60 days of the receipt of the denial letter.
How Long Does Someone Have To File An Appeal After A Denial?
A person has 60 days from the receipt of the denial letter to file an appeal, which is done by a request for a hearing.
How Long Does It Take To Get A Formal Decision On An Appeal?
It could take several months to two years before you have a hearing with the administrative law judge. Then it can take an additional one, or two months for the judge to issue his ruling. How soon you will have your hearing will depend on the judge’s caseload.
For more information on Social Security Disability Benefits, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450 today.
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