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Social Security Claims


What is Social Security Disability Insurance?

Social Security Disability Insurance (SSDI) is financed with Social Security taxes paid by workers, employers, and self-employed persons. To be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work to be "insured" for Social Security purposes. Disability benefits are payable to blind or disabled workers, widow(er)s, or adults disabled since childhood, who are otherwise eligible. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.

How do I qualify for Social Security Disability benefits?
Disability under Social Security for an adult is based on your inability to work because of a medical condition. To be considered disabled:

You must be unable to do work you did before and we decide that you cannot adjust to other work because of a medical condition.

Your disability must last or be expected to last for at least one year or to result in death.

Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability.

When can I file for Social Security Disability Insurance?
You may file claims for Social Security benefits, or Supplemental Security Income (SSI) at any time in person or by telephone (1-800-772-1213) with any Social Security office.

What are my chances of being approved for benefits?
The Social Security Administration makes independent disability determinations. The Social Security Administration determinations are based on all of the facts in your individual case.

What if I am denied benefits?
If you are not satisfied with the determination made on your claim, you may appeal. You may request reconsideration and submit new evidence if it is available. A reconsideration determination for disability claims is made by a different decision maker, not connected with the initial determination in the DDS where the original determination was made. Again, the DQBs review the DDS reconsideration determinations. If you appeal your case further, an administrative law judge (ALJ) will hear your case in a face-to-face hearing. If the ALJs decision is not favorable to you, the Appeals Council of the Office of Disability Adjudication and Review may issue a separate decision. If you are dissatisfied with the Appeals Council's action, you may file a civil action in a Federal district court.

If you wish to appeal, you must make your request in writing within 60 days from the date you receive our letter informing you that your claim was disallowed or was only partially favorable. SSA assumes you receive the letter five days after the date on it, unless you can show us you received it later.

Hardaway Turnbull Law Firm
For a free consultation, call us at 863-533-0000, or click here to have an attorney contact you.

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