Pre-Paid Legal Advice:

Social Security – obtaining disability benefits

By Welch, Gold & Siegel – Pre-Paid Legal Services, Inc., Pennsylvania

Nobody thinks it will ever happen to them but when a disease or disability happens – what are you going to do?

If you have worked and paid social security taxes, you might be eligible for social security disability benefits also called social security disability insurance (SSDI) and then again, you might have a long wait.

You have to be unable to work for at least five months before you can collect but not so fast, collecting is not that easy because the bureaucratic system is overworked and understaffed with plenty of road blocks ahead.

Don't try to do it alone while coping with your disability or disease. You will need legal assistance filing claims for social security disability benefits. There will be hearings and a maze of confusion and emotional clutter strewn in your path.

How do I get social security disability benefits?

Retaining a social security disability benefits lawyer is the way to go. They do it every day and are familiar with the hurdles ahead.

Here are some important social security disability considerations:

• You must have worked at least five years within the past 10 years before becoming disabled.
• Your disability must prevent you from performing work for at least a year.
• Your monthly disability benefits are based on your average earnings before you became disabled.
• The cliché patience is a virtue lives on as there's currently a 2-year backlog.
• Again, patience is in order because you will wait 3 to 6 months just to find out if your application is approved or denied. For most applicants, your request will be denied.
• After the initial claim is denied, you have 60 days to appeal the decision. If you don't appeal during that time frame, start over and delay your payments further.
• For your first appeal, a Social Security employee will review your application which takes 6 to 9 months. Chances are, it will be denied. Once again, you have 60 days to make a second appeal and this time request a hearing.
• After all this time, it is imperative that, if you haven't yet, you will need to hire a social security disability attorney because you don't want to mess up your chance to get it right. A lawyer will present evidence about your medical condition, work history, and disability to a judge who will decide whether or not to grant you Social Security benefits.

Supplemental Security Income (SSI) is another program financed through general revenues.  SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible.  The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources

You can choose to go it alone or retain an expert who is well versed in social security disability benefits. It's your call.