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What is Social Security Disability Insurance?

When a person becomes injured, and is unable to work for at least five full months, they are eligible to apply for Social Security Disability Insurance (SSDI). SSDI is a federal insurance program, funded by payroll taxes, and provided by the Social Security Administration (SSA).

 

 

Qualifications

 

The two primary qualifications for SSDI are:

 

·         Having a mental or physical impairment that you expect to last more than 12 months and prevents you from working

·         Being under the age of 65, at which regular Social Security benefits can be secured

 

The SSA may have additional qualifications for approval, but anyone meeting the above two criteria can file a claim.

 

How to File a Claim

 

You can file a claim for SSDI by setting up an in person appointment with your local Social Security office, by phone, or electronically. Once a claim is filed it can take up to eight weeks for it to be processed and a decision to be reached by the SSA. Sixty-four percent of SSDI claims are denied after their first filing, but through the appeals process, 52% are ultimately granted.

 

How to Appeal a Denied Claim

 

If your claim is denied, you can file for an appeal through your local Social Security office or through their website. You will need to be thorough in the information you provide for your appeal. You’ll want to be sure to include:

 

  • All personal information, including Social Security number, address, and phone number
  • Your Notice of Decision
  • All contact information for doctors, hospitals, and clinics you have visited since you completed your disability report, and the dates you saw them
  • A list of each medical test, who ordered it, and where the test was done since you completed your disability report
  • The name of all medications, both over-the-counter, and prescription that you are taking, and the name and contact information of the doctor who prescribed them

 

The Appeals Process

 

All appeals processes start with Reconsideration. Reconsideration is a review preformed by someone who was not involved in the first decision. If your claim is denied during the reconsideration process, you may request a hearing. The hearing will be held by an administrative law judge who has had no part in either the initial denial, or the reconsideration of your case. You may be required to provide more evidence or clarify information about your case during the hearing. If your claim is again denied, you may ask for a review by Social Security’s Appeals Council. The Appeals Council will either make a decision on your case, or send it back to an administrative law judge. If you disagree with the decision of the Appeals Council, you may file a lawsuit in the federal court district.

 

 

The appeals process can be overwhelming, and take a number of years to complete. It is beneficial to contact an experienced Social Security disability attorney to help you through this process. Someone with sufficient experience dealing with Social Security appeals can make the process seem less hopeless and move it along at a more rapid pace.

Evan Langsted

If you or a loved one in the Norfolk, Newport News, or Roanoke, Virginia area are disabled and can no longer work, please contact the experienced attorneys at Kalfus & Nachman for additional information on your SSDI rights.

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