Social Security, to most people, means old age and retirement benefits. However, Social security pays other benefits, one of which is disability.
The procedure for collecting disability benefits can be long and confusing. There are five stages to the process. The first two can easily be performed by the claimant, who is the person seeking disability benefits. The remaining three stages are best handled by an attorney.
The Social security Act defines disability as "the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." Medical evidence must be presented by the claimant to support the existence of a disabling condition. The Social Security Administration will give consideration to the combined effects of a claimant's impairments, including pain.
To begin the process you will need a statement from your doctor indicating that you are disabled in accordance with the above definition. You are then ready to proceed to the first stage: Application. You can obtain an application by writing or calling any Social Security office. Their address and phone number are in the blue pages of your phone book under United States Government, Health & Human Services. Supporting medical records should be attached to your application. Should the Social Security Administration turn down your application for benefits, then the next stage is Reconsideration. That form, likewise, may be obtained from Social Security. It basically asks why you believe you should have been granted benefits.
If you are turned down at the Reconsideration stage, then go on to stage three, which is the process of requesting a Hearing before an Administrative Law Judge. This will normally be the only "hearing" in the entire process. All subsequent appeals are based on this hearing. Therefore, it is very important to get all the evidence in your favor "on the record". For this reason, it is advisable to have an attorney at this and all subsequent stages. At the hearing you will testify and explain why your medical problems prevent you from working.
Should the Administrative Law Judge deny you benefits, you next apply for Appeals Council Review by the Social Security Administration. This is basically the same as the Reconsideration stage. Should they deny you benefits, go to the final stage, the Court system. You actually sue the Department of Health & Human Services in Federal Court for your benefits. It has been my experience that if you are turned down initially by the Social Security Administration for disability benefits, you will normally not prevail until you get to Federal Court.
By law, no attorney's fees may be paid until the end of the case. The fee must be approved by the Social Security Administration and the Federal Court. The attorney's fees are deducted from the claimant's past due benefits, so there are usually no out of pocket expenses.
Although this is a lengthy process, you should not give up your disability benefits if you are entitled to them. Do not hesitate to contact an attorney or the Social Security Administration for information about Social Security Benefits.
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