How Do I Collect Social Security Disability?

January 25, 2013 · by rosenblumlawfirm · in

If you have been working hard for years to provide for yourself and loved ones and unfortunately are now suffering with a mental or physical disability that does not allow you to work, you may be eligible for Social Security Disability (SSD) benefits. 

What Is Social Security Disability Insurance?

 Social Security Disability Insurance (SSD) is a federal insurance program of the US Government and is managed by the Social Security Administration.  Beginning with your first job you have been paying into the Social Security Insurance program through an income based payroll tax.

The system is designed to provide financial support to those who have paid into the system and have become seriously disabled and are no longer able to work.  The benefits are intended to also help an employee’s spouse and children since they are no longer able to earn money through gainful employment.

Who Can Receive Social Security Benefits?

Social Security Disability benefits are paid out to individuals that meet certain criteria and who have worked in recent years.  Just because you can’t find a job or do not have the same physical abilities that you once had before the disability, does not automatically entitle you to collect disability.  If a judge determines that you are capable of other gainful employment and that if you can achieve a certain earnings threshold then you will not qualify.

Disability claims are based on physical and mental impairments and how much it keeps you from working.  Since the process can take quite a long time you should not delay in filing.  To be qualified you must prove to the Social Security Administration that you are:

  • Suffering from a serious medical condition physically or mentally and that is expected to last a year or more or may ultimately result in death.
  • The condition you suffer from prevents you from maintaining gainful employment
  • The disability you suffer from began prior to the expiration of your disability insurance coverage
  • You have been working full time for approximately 5 out of the last 10 years (does not necessarily have to be consecutive)
  • Must be under the age of 65 

If you apply and are denied you have the right to a hearing. The Social Security Administration will conduct a hearing in which an Administrative Law Judge will consider the above factors in your case.  The purpose of the hearing is to determine whether you are capable of doing any work that you may be suited based on age, work experience, training, education and medical limitations.  A judge reviews the exhibits and will listen to your testimony and make a decision on whether you are disabled under the rules of the Social Security Administration.  

Should I Hire An Attorney?

The process of applying for Social Security Disability benefits and proving your disability claim can be tough.  Paperwork must be submitted in a timely manner and failure to meet deadlines can result in a delay in having your case heard.  Even more difficult is presenting your matter before the Administrative Law Judge who ultimately will make a ruling in your case.

Did you know that a study done by the Office of the Inspector General in August 2010 stated that about 90% (according to the Social Security Administration) have a representative during their appeal and that many people who submit their initial disability application for SSD might benefit from using a disability representative.  The study also showed that having a disability representative early in the process significantly improves the chances of those with four major type of disabilities to get approved for SSD.

A Social Security Disability Attorney can help you win your claim and make sure begin collecting the money you deserve.  The Rosenblum Law Firm has helped many deal with the long and complicated process of applying for Social Security Disability Insurance. Call us today for a free evaluation of your case.  We do not get paid unless we win your case!

Contact Adam Rosenblum today at 888-815-3649