Social Security Disability - An Overview

If you are disabled and unable to work, you may be eligible for Social Security Disability benefits. For answers to your questions about Social Security Disability, contact our firm to schedule a consultation with an experienced attorney.

Learn More About Social Security Disability

If you want to avoid mistakes, unnecessary delays and a tremendous amount of frustration — it makes sense to work with a lawyer no matter what stage you are at in the disability claims process. My name is Michael G. Myers and as an attorney, I can help you get the disability benefits you deserve.

The following articles offer general information and are intended to provide you with a broader, big picture overview of Social Security Disability program. To get answers about your situation and concerns, call my offices in Indianapolis, Indiana, or contact me online a free consultation.

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As a lawyer, I handle disability claims and appeals for people throughout the central Indiana region. In fact, this is the only type of legal work I do. I encourage you to take advantage of my experience and knowledge of the Social Security system by calling or contacting me for a free consultation today.

Are you disabled and unable to work? Have you applied for Social Security Disability or Supplemental Security Income benefits and been denied? Do you know what to do next? Do not hesitate to call me, attorney Michael G. Myers in Indianapolis at 317-489-4066, or toll-free at 888-339-4149.

Social Security Disability - An Overview

If you are considering applying for Social Security Disability benefits, or if you are in the midst of appealing a denial of benefits, it is important to understand the Social Security Administration's approval process. In addition to meeting the definition of "disabled" and fulfilling the earnings requirements that the Social Security Administration dictates, you must present a convincing and organized claim. An experienced Social Security Disability attorney from Michael G. Myers in Indianapolis, Indiana, can offer insight and guidance in your pursuit of benefits.

Disability

An impairment that qualifies as a disability under Social Security Administration (SSA) guidelines must be quite serious. The impairment must render the applicant unable to perform any substantial gainful activity — that is, the applicant must not be able to earn more than a minimum amount of money, determined each year by the SSA.

The impairment must completely disable the applicant from working. It must be expected to last for a year, have already lasted a year or be expected to cause the applicant's death. But this is not the end of the qualifying tests.

Earnings Tests

The Social Security Administration also requires the applicant to have a sufficient work history to qualify for Social Security Disability benefits. Based upon the applicant's age, he or she must have worked for a specified number of years. The applicant also must have worked at least some of those years recently. This is because Social Security Disability Insurance (SSDI) benefits are "earned" with the contributions applicants have made through their Social Security taxes. Some blind applicants do not need to meet the recent work test.

Supplemental Security Income (SSI), on the other hand, is a needs-based program that helps disabled people with low income and few resources.

The Decision Process

Following the receipt of the application, a federal Social Security Administration representative will review the information. If the representative is satisfied that the application meets certain basic criteria, the application and evidentiary materials will be forwarded to a state agency that is charged with making a decision regarding the disability benefits application. The state agency may develop the file further by gathering more medical or vocational evidence.

Social Security uses a five-step process to determine whether the applicant should receive benefits, asking:

  • Whether the applicant is working
  • Whether the medical condition is severe enough to render the applicant disabled
  • Whether the impairment is on a government list of impairments granting automatic disability status (if the impairment is not on the list, that does not necessarily disqualify the applicant)
  • Whether the applicant can do the work he or she did before
  • What other types of work the applicant can to do

The state agency will return the file to the federal Social Security Administration with its recommendation. The SSA almost always adopts the state agency's disability determination.

After considering all other eligibility questions, the SSA will mail the applicant a notice of its decision.

Appeals

The applicant has the right to appeal the decision. The first appeal is a reconsideration of the initial denial, typically a review by a new person of the written evidence and any additional evidence. Under a pilot program in some states, including Missouri, the reconsideration step has been eliminated and applicants go right from an initial denial to a hearing with an administrative law judge. After reconsideration, the next appeal goes to an administrative law judge for a hearing. Following this stage, the applicant has a right to appeal to the Social Security Appeals Council. Finally, the applicant may appeal to the federal courts. An attorney can offer valuable assistance in the appeals process.

Speak with an Attorney

Each step of the Social Security Disability benefits application process can be time consuming and complex. An attorney from Michael G. Myers in Indianapolis, Indiana, can answer your questions and help you through the qualification and appeals process.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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