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Funded by payroll taxes, Social Security Disability Insurance (SSDI) is a federal insurance program, similar to health and property insurance. Contrary to what you may have heard from Congress or the media, it is not an “entitlement program.”
The sizable deduction on your paycheck marked “FICA” is the regular premium you pay for this insurance, and if you become disabled and unable to work, you have the right to file a claim, just as you would if you had a car accident.
SSDI is also known as Disability Insurance Benefits and Title II Benefits.
Anyone who experiences a disability because of an injury or medical condition and is unable to engage in regular employment may file a claim. Typically, this is due to a physical disability. However, in some cases, claimants with a psychological disability or mental illness may qualify.
The first requirement is that the claimant has a disability that prevents him or her from engaging in productive employment. Additionally:
Claimants can apply online, by telephone, or at a local Social Security Office in their community. You will be required to provide:
In addition, you will need to have complete medical records, including medications, dates and locations of treatments, name and contact information for attending physicians, and lab test results.
The Social Security Administration offers a manual listing specific medical issues that are covered. A number of these conditions automatically qualify an applicant. Other conditions are evaluated on a case-by-case basis.
The list of qualifying injuries and disorders include:
In addition, certain mental illnesses are listed, including depression, anxiety disorder, schizophrenia, Asperger’s Syndrome, and autism.
According to the Social Security Administration, an initial application can take 3-4 months to process. However, due to heavy caseloads, it can take as long as eight months for an application to be approved or denied. An appeal can take up to a year, depending on the length of time required to obtain medical evidence from attending physicians.
An exception is made for military personnel who are disabled as the result of a service-related injury or other condition. The Social Security Administration offers an “expedited” application process for disabled veterans.
Only about 36% of initial claims are approved. All others need to be appealed, which must be done within 60 days of the denial notice or the claimant will have to file an entirely new claim.
It is important to read the denial notice carefully in order to determine why the claim was denied. The most common reason for denying a claim is insufficient medical evidence of a disability. The SSA may also determine that a claimant may be capable of employment in a field other than his or her previous job.
If you have applied for SSDI and received a denial notice, it is important to file an appeal at the earliest opportunity.
In many cases, the information in a case file can be very technical and difficult for most people to fully understand. It is not uncommon for a case file to contain inaccurate information as well as errors on the part of the claims examiner or the medical consultant. In some cases, important information may be missing altogether.
Our social security lawyers are trained to note the smallest details of complex files, and to understand the often complicated legal issues of Social Security law. Our lawyers also understand how to effectively communicate with case examiners and others involved in the appeals process. In some cases, it may require going before a judge in a U.S. District Court in order to successfully appeal a decision. A lawyer also can advise you as to whether or not you are even eligible for SSDI.
We provide case evaluations free of charge, and if it is determined that you are not eligible to collect SSDI benefits, you pay us absolutely nothing. If we are successful on your behalf, we charge a 25% fee on the past amount of money we recover for you, not to exceed $6,000 in attorneys fees.
To contact us for a free confidential consult, you can call us at (850) 435-7000 (Pensacola) or (800) 277-1193 (toll free). You also can request a free private and confidential evaluation by clicking Free & Confidential Consult, and your inquiry will be immediately reviewed by one of our attorneys who handles your specific type case.
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