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Answers for All Your Social Security/Disability Questions

You can find answers to many of your pressing Social Security/Disability Questions right here. If you have more questions, call us today for a FREE consultation, or fill out this form to find out if you are eligible for a social security/disability claim. You'll always get personal service from The Law Office of Robert D. Elias.

Social Security Disability Law

A person must be disabled from performing any gainful work due to either a physical impairment, mental impairment or a combination of both, and this disability must be expected to last at least 12 months.

The Social Security Administration uses a number of criteria to determine a person's eligibility for Social Security Disability.

 

First, they look at whether the applicant is currently working, or whether they are able to work in their previous job or in any other line of work. To determine this, they consider multiple factors, like education, work skill, and physical and mental capabilities.

 

The Social Security Administration then applies this analysis to the applicant's list of impairments, and they make a decision as to whether the impairments meet or equal their appropriate disability listing.

 

To do this, Social Security takes into consideration the applicant's testimony, the medical testimony from the applicant's doctors and the medical testimony from the Social Security reviewing doctor.

Get in touch with the attorney who's lectured on the local and national level.

Yes. Social Security Disability is a much higher benefit, in most cases, than SSI. That is because it is based on a person's payment of social security taxes throughout their working life.

 

The amount that you receives from Social Security Disability is determined by how many years you worked and how much money you earned and reported during these years.

 

SSI provides disability payments to people who are disabled, but did not have a long work or earning history, and don't have much income.

 

The disability criteria used by the Social Security Administration is identical for both Social Security Disability and SSI cases.

Either go to or call your local Social Security office. You will be given an appointment with a Social Security representative who will require certain information from you. This includes:

  • your work history

  • your earning history

  • your education and skills

  • your disability

  • when you became disabled

  • and your medical treatment and doctors

 

They will have you sign a number of authorizations so that they can receive your medical and wage reports, and when they receive all of this information, they will mail you their decision.

 

Many claims are denied at this stage, and many applicants unfortunately do not take their case to the next level. You will have 60 days to appeal your denial, and it is recommended that you have a competent Social Security Disability attorney assist you at this time.

 

A hearing will eventually be scheduled before an Administrative Law Judge, where testimony is taken and all medical evidence is reviewed. The Judge will then make a decision as to whether the disability benefits are granted.

 

Although the applicant can represent himself at this hearing, once again, it is recommended that competent and experienced Social Security Disability counsel be retained.

The attorney only gets paid if the applicant's case is successful and disability benefits are awarded.

 

When this occurs, the attorney receives a fee of 25% of all past due benefits. This includes benefits that are awarded from the date of disability, as determined by the decision of the Judge, up until the date of the decision.

 

The fee does not pertain to any future benefits received by the applicant.

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