Social Security Disability

Birmingham, Alabama

Social Security Law
Disability can come as a result of a sudden life changing injury or the slow progression of a disease. No matter how it happens, you must continue to meet your financial needs and provide support for those who depend on you.

Since 1935, Social Security has provided programs for those who have worked but can no longer stand up to the stress and exertion of fulltime employment (SSDI), as well as those who have not worked and paid into the system but still have needs based on their inability to work (SSI). Surviving dependents, spouses and children of deceased workers are also entitled to help (RSDI).

Types of Benefits
Social Security Disability Insurance (SSDI) is a program for those who have worked, paid into the system, and find they are now disabled due to injury or illness. The Social Security Administration should send an annual statement telling workers if they are eligible for disability benefits and, if so, how much they (and their dependents) can draw.

Supplemental Security Income (SSI) consists of benefits paid to anyone who is disabled, whether they have worked and paid into the Social Security program or not. It provides a minimal monthly amount (currently about $650.00) to help anyone who is disabled but has no income or assets.

Retirement Survivors and Dependents Insurance (RSDI). These are benefits that should be paid to surviving spouses, children and any other dependents of deceased wage earners.

If you are unsure which of these programs apply to you, see What a Lawyer Can Do for You in the application process. For a check on your current eligibility, use SSA's Benefit Eligibility Screening Tool (Best).

Qualifying for Benefits
As working people, we are reluctant to take anything that might be considered a handout. But applying for SSDI is not begging. Social Security is an insurance policy you've paid into with every paycheck, and now, unfortunately, you have to collect the dividends.

Social Security helps you get back on your feet and back to work, and it includes a number of programs to ease your transition from disability back to work--either at your previous occupation or a new one-if possible.

Statute of Limitations
Aside from the difference in income and work history, the two programs of SSDI and SSI have the same level of proof to be awarded benefits. Generally, benefits are easier to obtain for those over age fifty. The impairment must be expected to last twelve months. The factors of education and prior work are also important considerations in deciding disability claims.

Applying for Benefits
Benefits can be applied for by going to your local Social Security Office, calling 1-800-772-1213 or online at ssa.gov. An attorney can assist you with locating your nearest Social Security Office and assisting with online applications that can be filed from your home or his/her office.

Time Limits
Because of the delays caused by the backlog of Social Security cases now pending, it is important that you file a claim as soon as you believe you might need benefits. If it is later determined that you can continue work or your condition improves, you may dismiss your claim without penalty. There is no punishment for filing a claim and later withdrawing your request for help. So, if in doubt, file. After you begin a claim, most time limits for appeal of unfavorable determinations are sixty days.

Do Not Be Discouraged
Social Security is a program to help the disabled. If you are a wage earner, you have paid for this disability coverage just like a private policy of insurance, and you and your family are entitled to receive its benefits. This is not welfare, but an earned disability income. If you are denied initially, do not quit. Almost everyone must go through the appeal process. Most people obtain the help of an attorney to take an appeal before a judge. Of those that appeal their denied claim to a judge, over sixty percent (60%) are approved.

Whether you are attempting to file a new claim or have already been turned down, we can help. If you are a family member needs to file an application, appeal or just has a question about Social Security benefits, call or email our office now. We will review your case with you and help get the benefits you need.

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