People who started working at 20 will most probably obtain disability before they reach the retirement age. Three out of ten has the chance based on studies. And statistics shows that in United States, 1/3 of its labor force has same case.
Disability Benefits
If you are suffering from disability such as physical or mental impairment, you are entitled to receive cash benefits from the SSA through Social Security Disability Benefits (SSDI).Social security disability benefit claims are given to those who qualify for it.
Even if you are under 65 years old, but you are considered as disabled, you will receive monetary benefits monthly, the same amount as those who retired at 65.
In some cases, SSDI is also granted to certain members of the family and dependents of a person with disability. They include:
?Spouse who is older than 62.
?Spouse at any age who is caring your child younger than 16, or disabled also.
?Your unmarried child who is under 18 years old. Adopted child or grandchild is also included.
?Your unmarried child, at any age, and has disability which started before age 22.
Why do you need SSDI
Social Security Disability Benefits is advantageous to you and to those workers who have been disabled for sort of reasons. It will minimize suffering due to your disability and also, it will help to lessen medical bills and other expenses.
Through SSDI, you, as a disabled beneficiary, will have a source of income and earnings to your needs.
Qualifications for Disability Benefits
There are specific criteria for disability approval. But the most important thing while applying for social security disability is to prove that you are disabled or suffering from disability in order to receive these benefits.
Disability can be proven through evidences from medical sources such as your physician, doctor or other licensed professionals. You can give the list of names who are involved in your treatment.
You can also provide a list of your impairments, symptoms and conditions as well and you must present proofs in the form of medical records like x-rays, lab reports.
Why application is denied
The Social Security Administration (SSA) disclosed that the applicants of Social Security Disability Claim are increasing. However, there is more than 60% of the total number of application that is denied yearly.
Although the application is easy, some petitions are being rejected for various reasons such as:
?Failure to meet the terms of the technicalities of the claim
?Less knowledge about the Social Security Act
?Not well-informed about the process
?Unable to meet the qualifications
Filing Your Social Security Disability Claim
If you don't want your application to be denied you should follow the following tips:
1)Should you have any questions, you could call the Social Security Office.
2)Send applications and other inquiries through mail or you can check their website.
3)You could also visit the nearest office of SSA, if you want for immediate response.
4)If you want for specific information, you may talk to a Social Security representative.
5)It would also be helpful if you will have a lawyer with you to avoid problems
The amount of time you need in pursuing a Social Security Disability claim greatly depends on the number of times you would file an appeal due to the Social Security Administration’s denial of your application. The filing procedure has five stages with its respective requirements and case evaluators. The four basic steps are supervised by the SSA while the last phase involves the civil courts.
Initial Stage Primarily, the filing process will start upon your submission of a formal Disability claim to the Social Security Office. A disability examiner will then assess your petition to determine if your disability is eligible under the rules of the State Disability Determination Agency. He or she will examine the documents you have filed pertaining to your medical condition and ask a qualified doctor for his expert opinion.
Unfortunately, more than 60% of disability claims are rejected on this stage. This is mainly due to the inadequate knowledge of the claimants about the SSA’s conditions and definition of accepted disabilities. A number of them also refuse hiring experienced Social Security representatives on their belief that it would only cost them a lot of money.
Motion for Reconsideration After the rejection of your first attempt, you have the right to file an appeal for reconsideration. This motion is just like a request for the SSA to have a review on the decision of the disability examiner who handled your case on the initial stage. The SSA will act upon your pleading and appoint another disability examiner to look into your claim and give his decision.
According to the records, around 80% of the disability claims are rejected on this stage, 20% higher than the initial stage. This can mean that the disability examiner on this stage might follow stricter standards or yet the previous one has already performed a thorough judgment on the cases that were filed.
Case Hearing with an Administrative Law Judge If in case your petition was again rejected on the reconsideration stage, you do have an option to bring your case to an Administrative Law Judge and wait for the scheduling of a hearing. While in the previous stages, you are not given a chance to get in touch with the examiners; this step is comparable to a normal civil case litigation wherein you are expected to present and defend your case in front of a judge. However, in these particular hearings, there is no defendant to convict. More than 50% succeed in this stage.
The Appeals Council The Appeals Council accepts disability claims that fail to succeed in the first three steps. Their office is situated in Falls Church, Virginia. The council is not obliged to hear any arguments from the petitioner, but rather they are tasked to review the decisions made by the Administrative Law Judge and give their verdicts based on the judge’s view of the case.
Civil Litigation Once you have undergone all the procedures made available by the SSA but still you did not succeed, your last resort would be bringing your case to civil courts. Hence, this undertaking definitely requires a qualified lawyer to act as your advocate.
Both Darren Agaton & Rainier Policarpio are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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