SOCIAL SECURITY DISABILITY/SSI
Apply for Disability through the Social Security Administration.
The vast majority of individuals who apply for Social Security Disability benefits are initially denied. This can be a frustrating time for individuals and their affected families, especially when the denied individual has paid into Social Security Disability insurance with payroll deductions. At the Law Offices of Ed L. Laughlin, we provide experienced representation to ensure people receive the SSD benefits they are entitled to receive. If you have been denied Social Security Disability benefits, contact our firm to arrange your free consultation.
Obtaining Social Security Disability benefits has proven to be an uphill battle for many people. Having a lawyer represent your rights and interests throughout the SSD appeals process can be beneficial. Our firm encourages clients to fill out the Social Security Disability form prior to our initial consultation. At this consultation, attorney Laughlin will ask various questions to gain a full understanding of your particular situation. We use this information to show that our clients are disabled and can no longer perform the work they once did.
The request for reconsideration needs to be filed within 60 days of the denial. If this hearing is lost, then we proceed to an Administrative Law Judge (ALJ) hearing. In the ALJ hearing, testimony including doctors statements and medical records are heard in a court setting. If benefits are further denied, a lawsuit is filed in district court with the Appeals Council.
The Title 16 Supplemental Security Income or SSI program was created in the 1960's to offer a modest disability benefit to individuals who did not have enough work credits to qualify for Title II Disability.
Your SSI payment can be reduced by a number of factors. For example, if you receive food and housing assistance, Social Security may assign a dollar value to that assistance and reduce your SSI accordingly. In addition, SSI claimants may only have limited assets - currently, you may only own assets worth $2,000 (individual) or $3,000 (married couple).
If you are found eligible for SSI, you will also automatically be eligible for Medicaid benefits. For many people, the Medicaid coverage is more important than the cash benefits.
SSI also differs from Title II Disability in that you can only collect benefits as of the date you apply. By contrast, in a Disability case you can collect retroactive benefits up to 1 year prior to the date of your application. As is the case with Disability, there is no harm in filing for SSI and it has no cost to you. However, if you are not insured for Title II Disability, you should learn as much as you can about the offsets that may apply to you so that you will avoid a nasty surprise at the end of your case.
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