Social Security Law
The practice of Social Security Law consists of two major catagories. One is the rules governing benefits for retirees, their spouses and dependants. The second is the eititlement of disabled workers under Social Security Disability Insurance (SSDI) and Supplemental Social Security Income (SSI). SSDI has no restrictions on other sources of unearned income. SSI is "means tested" which has rules about income of all sorts and asset value.
The Social Secuirty Administration does not follow its own rules and does not follow the law willingly. Appeal from a negative decision can go through four levels of appeal before a court of law looks at what has been done. Appeal from a negative decision is a requirement to receive a fair decision. Having an attorney to represent you after one denial will improve your chances of success. The fee is usually contingent on success and limited to 25% of the back pay due the successful claimant.
Social Security Disability
Are you disabled?
Basically, you are if you are unable to do your past work AND cannot hold ANY job in the National economy. Social Security Administration likes to use the "worker in the gasoline station" example of a job that any allegedly disabled person can do. It is "sedentary" with a "sit-stand" option and stocking of items on shelves weigh less than 10 pounds. The worker does interact with a supervisor, the public, and use a cash register. You need to explain why you could not do such a job. As a general rule, younger individuals - under age 55 - have a harder time convincing SSA that they are disabled. After age 55, different rules apply that make proving Total Disability easier.
You are disabled.
You are entitled to Social Security Disability Insurance payments if you have worked five out of the last ten years and contributed to the system during that period. It can be a problem for the self employed, since they have years that they do not make enough money to contribute. You are entitled to Supplemental Social Security Income payments if your non-exempt assets (Exempt = house, car, household furnishings and few esoteric other items) are worth less than $2,000. Your income from all sources must be less than the SSI level which is different for each state since each state contributes some money to SSI income.
How long do I wait to get disability payments?
The system is slow. The application for Disability will be reviewed and pulled together by the local office. It is important that they have a complete list of all doctors and medical personnel who have treated you. A treating physician's opinion of your condition has the most weight in determining diagnosis and limitation of function. Unfortunately - for disability - doctors try to persuade their patients that they can improve their condition to full health. Often, not reality. And SSA at the application and reconsideration level do not give proper weight to the opinions. It takes two to four months to obtain records and another month to incorrectly determine that you are capable of lifting mountains and turning cartwheels. You have a 60% chance of being turned down.
Reconsideration of the Disapproval must be filed within 60 days - plus a few. Generally, the same State disability workers review the work that their cohorts have just done. So you have a 90% chance of being turned down at that level. It will take three months or more to have that Notice of Reconsideration generated. Sometimes it helps to have an attorney in at this level, but the attorney is handicapped by not being able to see the file, what is in it and what is missing.
After the Reconsideration decision, another appeal must be filed within 60 days. The next level is before and Administrative Law Judge who is an attorney, knows the rules and is pressured to turn down applicants. However, the statistics do favor the applicant - 75% win - maybe that is because the ones who persist usually hire an attorney to represent them. The waiting time after filing the Request for a Hearing and the hearing varies with the Hearing Office: A short time of six months to a year and a half.
If the Administrative Law Judge does issue an Unfavorable Decision after the Hearing, you can appeal to the Appeals Council. You have another 60 days. You need to convince the Appeals Council that the Administrative Law Judge did not give a fair hearing or did not apply the law correctly. You can add evidence to help your case. Statistically, the Appeals Council turns down around 90% of the appeals and takes nine months to two years to do it. Your ability to add evidence just ended.Within 60 days, an attorney can appeal to the Federal Courts. It will take five or more months to obtain a decision from a Judge. A good case is usually remanded for further hearing, but can have benefits awarded by the court. If it is remanded, you are sent back to the same (usually) Administrative Law Judge for a new hearing. And the waiting process begins again.
If the Federal Judge turns you down, and the case is good enough, the attorney can take it to the Federal Court of Appeals. More time for briefing and review.I have handled a case for more than three and a half years, up to court and back to an Administrative Law Judge before I got a Favorable Decision. I am still working on a couple of cases that are older than that, but I will win - hopefully my client will not die first.
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