......Chances are you know someone who gets Social Security disability. What exactly is it? How did they qualify for it? Could you, a relative, or a friend receive it?
Social security disability gives benefits to persons who become disabled before normal retirement age. There are two types--regular SS disability (SS) and Supplemental Security Income (SSI).
Regular SS benefits are based simply on proof that you are disabled, and on the amount that has been paid into Social Security on your behalf while you worked (FICA). You do not receive regular SS disability pay for the first five months you are disabled.
SSI is based on your needs. You still must prove that you are disabled. However, you must also show that your household income and property are below certain levels. There is not a five month waiting period for SSI disability. If you qualify, you normally will get SSI from the day your first apply.
Some people receive both regular SS and SSI. This happens when the FICA paid in for them is low. Current laws provide that in many cases a disabled person in Arkansas will receive a minimum of $698 a month (SS and SSI combined).
Both regular SS and SSI also provide medical benefits. Medicare comes with regular SS. If you qualify for SSI, you will receive Medicaid. You do not get Medicare benefits during the first 2 years you receive regular SS.Medicaid goes into effect much quicker--it will usually pay for your medical bills from up to 90 days before you apply for SSI.
In order to qualify, you must show that you cannot obtain any regular work for at least a year. It is not enough simply to show that you cannot do your normal job. In deciding if you qualify for disability, Social Security takes into account all your injuries and illnesses.
Social Security disability laws are complex. Often the key question is whether you could perform a lighter-duty job. Your age, education, and physical abilities are all very important factors.
Older people with less education have a better chance to obtain SS or SSI. Suppose you are 50 years old, have only a high school education, and now can only do sitting work. Normally you would qualify as disabled. If you were under age 50, normally you would not qualify if you were able to perform sitting work.
If you think you might qualify for disability, there is a three-step procedure:
You first apply at your local Social Security office. The local Russellville office is located at 2708 E. Parkway Drive, telephone 877-445-0827 (national # is 800-772-1213). Normally you will be told within 60 to 120 days whether you qualify.
If your claim is denied, you can ask for reconsideration. This normally takes another 30 to 60 days. In most cases people lose on their request for reconsideration.
If your request for reconsideration is denied, you can ask a Social Security judge to hear your case. Cases which have been lost at the first two steps can often be won at the hearing level. The judge has more leeway than the initial examiners. For example, he can take into account the amount of your pain.
You can also appeal if the judge denies your claim. However, few such appeals are taken. In most cases it is difficult to get the judge's decision changed. For this reason it is important to hire a lawyer skilled in the SS disability process before the hearing.
If you are turned down initially, you should strongly consider hiring a lawyer. Persons denied benefits often obtain them after hiring a lawyer.
Your lawyer can:
Research the law as it applies specifically to you
Help in obtaining medical records and other evidence
Present the unique factors in your case to the judge at the hearing
You should hire a lawyer skilled in Social Security disablity law. Jim Carfagno, Jr. has more than more than 20 years' experience handling disability claims, and is a member of the National Organization of Social Security Claimants' Representaives. He has handled cases at all levels of the SS disability process (initial claims, hearings before SS judges, SS administrative appeals, and appeals both to federal district court and to the U.S. Eighth Circuit Court of Appeals).
The Law Offices of Jim Carfagno, Jr., P.A. does not charge a fee unless we win your case. In most cases our fee comes out of your back pay. If you have a claim in Arkansas and are not represented by a lawyer, please call us for a free analysis of your case! Our numbers are 479-968-4747 (Russellville area) or 888- 295-4741(toll-free). For more information about our firm, click the home page link below. Thank you for visiting our web site!
Copyright (c) 2012, Jim Carfagno, Jr., P.A. All rights reserved.