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HOW CAN WE HELP YOU? FREE INITIAL CONSULTATION.
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CAN YOU QUALIFY FOR SOCIAL SECURITY DISABILITY?
Basically there are two types of Social Security Disability. One we call Regular Disability Insurance (DI); and the other we call Supplemental Security Insurance (SSI).
To qualify for Regular Disability Insurance (DI) you must meet two types of criteria:
1. You must be unable to engage in any substantial gainful activity for a period expected to last at least 12 months, and
2. You must have worked during your lifetime and met certain eligibility requirements.
If you qualify for DI you are paid a monthly dollar amount based upon your earnings over your lifetime; and you will be eligible for MEDICARE once you have been disabled for two years. Usually by the time you get through the cumbersome and difficult legal process two years will just about have elapsed.
To qualify for SSI you also have to meet two basic requirements:
1. You must be unable to engage in any substantial gainful activity that is expected to last at least 12 months, and
2. You must be poor (as defined by the Social Security Administration from time to time)
If you qualify for SSI you will receive a small monthly income and you will be eligible for MEDICADE. SSI is bascially a welfare/basic subsistence type of program. It is possible in some instances to receive both DI and SSI, if the amount of your DI does not throw you over the dollar income allowed for you to qualify for SSI.
You do not need an attorney to apply for Social Security Disability. Just contact your local social security office and fill out an application. Once this is done the Social Security Administration will begin processing your application. This can take quite some time, particularly if they decide to send you to their doctors for some medical evaluations.
If they determine that you are disabled, and that you otherwise qualify, they will notify you and start your benefits. If they determine that you are not disabled, or do not otherwise qualify, they will send you a NOTICE OF DENIAL letter. This letter is very important. It will say in fine print that if you do not agree with their decision that you have 60 days to appeal, usually by filing a Notice for Reconsideration. DO THIS IMMEDIATELY. Do not delay. Yuo do not need an attorney to do this but if you are confused or uncertain about what to do, CONSULT WITH AN ATTORNEY. Get a FREE INITIAL CONSULTATION and learn your rights.
If you are turned down a second time after your case is reconsidered you will receive a second Notice of Denial. This will also give you 60 days to appeal, usually by asking for a hearing with an Administrative Law Judge. Again, DO NOT DELAY. Consult an attorney and get your appeal process started. Your attorney will develop your case and go with you to the hearing with the Judge.
Attorneys are paid in social security disability cases by winning benefits for you. At the Law Center if we do not win you case you owe no fee. If we win, the attorney fee is 25% of the past due benefits obtained up to a maximum fee of $5,300. All fees must be approved by the social security administration.
Call us for a FREE INITIAL CONSULTATION in PENSACOLA at (850) 478-3409; or in TALLAHASSEE at (850) 878-2864.
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