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Overview of Social Security Disability Benefits
When you have been unable to work for 12 continuous calendar months because of a physical or mental condition, you may be entitled to social security disability benefits based upon your prior earnings or those of a deceased spouse. The benefit is one you earn based upon premiums you have paid into the system while employed. The amount of the benefit will depend upon the total premiums you have paid over the years. The law currently requires you to show earnings in twenty of the forty calendar quarters before you became disabled (or 5 years of employment out of the prior 10 years).
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An Attorney Can Help Answer Your Questions
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Whether early on in the application process or not, the assistance of an attorney experienced in disability law can protect your rights and entitlement to needed benefits. The Law Office of Dale Wagner is ready to help you in this manner at any stage of the process. Contact us to set up your free consultation with Mr. Wagner.
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A Two Step Analysis to Determine Disability
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There is a two-step analyses which the Social Security Administration and the independent administrative law judge use to determine whether your conditions qualify for a finding of being disabled. The first step looks at whether your conditions meet or exceed a set of standards listed for impairments, which regardless of your age, education or work experience, would justify finding you disabled. If your conditions themselves do not qualify you as disabled, the next step is to examine your remaining physical and mental capacity to perform any work at all. This is called your "residual function capacity" and is combined with other factors like your age, education and prior work experience. All of these factors are compared to a grid system to determine whether you can be found to be disabled.
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Obtaining Social Security Benefits Can Be A Long Process
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Typically, the process of obtaining social security disability benefits is long and tedious. The first step is to make application to the Social Security Administration for the benefits, sending in proof and documentation of your disability. Perhaps as a result of sheer volume, the majority of these applications are denied. Once denied, you can file a request for reconsideration if done within 60 days of denial. Typically, the vast majority of the reconsideration requests are also denied by Social Security. If denied again, this decision can be appealed to an administrative law judge who is not an employee of the Social Security Administration. This appeal also must be filed within 60 days of the rejection of your reconsideration request. The judge will conduct a hearing and independently consider all proof including any new evidence of your disability. The judge will then issue a decision about whether your limitations are sufficient so that you qualify under the statute as disabled and entitled to benefits. A knowledgeable attorney can assist you with careful preparation and presentation of proof and documentation of your disability.
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