The Federal Government of the United States provides Social Security
benefits to qualified individuals who have been determined to be partially
or totally disabled. These benefits are know as SSI, SSI Disability, SSD,
Social Security Income or Social Security. While an individual can file for
these benefits on their own, many people have an experienced attorney
represent them in what can be an intimidating and daunting filing and
hearing process.
Covered Illnesses, Diseases, and Conditions
Examples of illnesses, diseases and medical conditions that may qualify for
SSI Disability benefits:
- ADD
- Arthritis
- Anxiety
- Allergies
- Asbestosis
- Asthma
- Back Pain
- Blindness
- Brain Injury
- Cancer
- Carpal Tunnel Syndrome
- Cerebral Palsy
- Chronic Fatigue Syndrome
- Crohn's Disease
- Colitis
- Deafness
- Depression
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- Emphysema
- Epilepsy
- Fibromyalgia
- Headaches
- Heart Disease
- Hepatitis C
- Herniated Discs
- High Blood Pressure
- Hip Replacement
- HIV/AIDS
- Hypertension
- Joint Pain
- Knee Replacement
- Leukemia
- Lyme's Disease
- Lupus
- Low IQ
- Legionnaire's Disease
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- Lymphoma
- Mental Retardation
- Mesothelioma
- Migraine Headaches
- Multiple Sclerosis
- Muscular Dystrophy
- Narcolepsy
- Neck Pain
- Paralysis
- Panic Disorder
- Parkinson's Disease
- Psychiatric Impairments
- Reflex Sympathetic Dystrophy
- Seizures
- Schizophrenia
- Sleep Apnea
- Stroke
- and all other disabilities
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Individuals who are disabled as a result of illness, disease or medical
condition, must satisfy the following criteria in order to receive benefits:
You must be out of work or working but earning less than $800 a
month (gross).
You must have a severe impairment (expected to last one year or
result in death and which interferes with basic job activities).
Your impairment must meet a "listing." The Social Security
Administration has a manual which contains different impairments that are so severe that anyone who meets these requirements automatically qualify for benefits.
IF YOU DO NOT MEET A "LISTING" YOU CAN STILL QUALIFY FOR BENEFITS AND MUST
GO TO THE NEXT STEP:
You must not be able to perform your past relevant work. If you can
still perform any job that you have done in the past fifteen (15) years, you
are not entitled to benefits.
You must not be able to perform ANY work in the national economy.
The Social Security Administration considers your age, education, past work
experience and transferable skills in determining whether there is ANY work
in the national economy you can still do. It doesn't matter that you can't
find a job that you can perform with your limitations. All that needs to be
shown is whether ANY job actually exists.
If you satisfy the above-mentioned requirements, you qualify for Social
Security Disability benefits. You will get paid monthly benefits beginning
five months from your date of disability.
Individuals who are disabled as a result of an illness, disease or medical
condition may file an initial application with your local Social Security
Office. The address and telephone number of your local Social Security
Office can be obtained by calling 1-800-772-1213.
REQUEST FOR RECONSIDERATION
If an individual files an application for benefits and is turned down, YOU
MUST FILE A REQUEST FOR RECONSIDERATION WITHIN (60) DAYS. If you fail to
file for reconsideration within the sixty days you are disqualified for
benefits.
If an individual files for Reconsideration and is turned down, YOU MUST FILE
A REQUEST FOR HEARING WITHIN SIXTY DAYS. If you fail to file your request for hearing within sixty days you are disqualified for benefits.
If an individual files a timely appeal for hearing, a hearing will be heard
before an Administrative Law Judge. Nationally, approximately seventy (70)
percent of applicants are approved at this stage.
RIGHT TO ATTORNEY REPRESENTATION
Individuals have the right to attorney representation. An attorney gathers
and analyzes evidence, including medical documentation. An attorney can
provide you with the necessary forms to have your doctor fill out that can
help you get approved for benefits. An attorney will appear with you at your
hearing and argue your case before an Administrative Law Judge. An attorney
will cross-examine the Vocational Expert that will be testifying before the
judge. An attorney will appeal your case, provided there is merit, if you
lose at the hearing.
Most attorneys take the typical SSI Disability case on a contingency basis.
That means you only pay if you are approved for benefits. Your attorney is
limited to charging you twenty-five percent (25%) of any past due benefits
or $5,300, whichever is less.
If you feel you qualify for damages or remedies that might be awarded in a possible SSI Disability lawsuit, please click the link below to submit your complaint.
