Not Sure How to File for Social Security Disability Benefits? We’re Here to Answer Your Questions

What are the Types of Social Security Benefits?

  1.    Social Security Disability Insurance: SSDI is the most important form of assistance available, given to a disabled person who has worked a full-time job in the recent years prior to their disability.
  2.    Disabled Widow’s/Widower’s Benefits: these kinds of benefits are available to individuals who are 50 years or older and have lost a spouse within the last 7 years prior to their disability.
  3.    Child’s Disability Benefits: financial aid is available to disabled children ages 17 and younger.
  4.    Disabled Adult Child Benefits: financial aid is available to disabled children over 18 but under 22. It applies to those who are full-time students under 19, as well. The parents must be eligible for disability benefits in order for the child to qualify.
  5.    Supplemental Social Security Income Benefits: these are given to those who are financially challenged and disabled. You are not required to have worked in the past to qualify.

When Should I File and What is the Deadline for Filing?

Social Security Disability Insurance and Social Security Insurance claims need to be filed as soon as possible. Your claim can be processed within 1-6 months if you have submitted all the required paperwork on-time.

If your claim is denied, you have the right to request a hearing in front of an appointed Administrative Law Judge. However, there is a strict deadline of 60 days to file an appeal. If you happen to miss the deadline for acceptable reasons, such as hospitalization, mental health issues, etc., you will not be required to start from the beginning.

Social Security filing can be confusing, difficult and very time-consuming. Call us for help with your SSDI and SSI filing. We can help talk you through the preparation stages and will help to speed up your process.

How Does the Process of Securing Benefits Work?

There are 2 steps to the process of securing your benefits:

  1. The Initial Claim:

In order to avoid long delays, it is important to provide the Social Security Office with all of the necessary paperwork needed to file your claim. Gather all of the following documents before applying for social security:

  • Original or certified copies of personal identification
  • Information about all medications
  • Records of medical treatment
  • Dates of service
  • Lab results
  • Your care provider’s information
  • Details about your previous employer and field of work
  • Employment related tax records such as your W-2
  1. The Appeals Process:

If your claim is denied, you must request a reconsideration of your claim within 60 days of receipt of your denial letter. After 4 to 6 months, a decision will be reached on the request to reconsider.

If your claim is denied after reconsideration, you have 60 days to request an informal hearing, which will be held in front of an administrative law judge. After 2 to 3 months, a decision will be reached. If you are granted benefits, you will receive your first check after 8-12 weeks.

If the judge’s decision is not in your favor, the next step is to request a review by the Appeals Court. This must be done within 60 days after you have received the hearing decision.

If the Appeals Court denies your appeals or refuses to review your case, you have 60 days to file a lawsuit in a federal district court. After reviewing the records, the Federal judge can award you benefits, deny you benefits or send your case back to a lower court for an additional hearing.

 

We are here to help you handle all contact with Social Security. Our staff of paralegals, case analysts, and case managers is always available to help you through this difficult process.

If you or a loved one needs to file a claim for social security disability, contact us today.

Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP