veterans lawyer

Q: Does the work history of a person affect the determination of a social security disability claim?

A: Past employment is important to your disability case. Social security disability benefits are awarded not simply based on an injury, but also on the employment activities a person could be engaged in with the injury. The case manager is interested in your work history to determine if you are able to still perform jobs you have had before. Social Security also looks at your previous employment to determine if you might be able to do another kind of job. A social security disability claims examiner uses standard medical vocational principles when evaluating an application. The age of an applicant, academic history and limitations caused by the medical condition are all factored in. This grid helps them decide if a person is capable of doing any of his previous employment or other employment. The medical vocational grid still leaves a lot of room for error. The limitations of a condition and the need for social security disability insurance are very difficult to fit into a simple set of guidelines. The claims manager will still need to use some common sense and subjectivity to determine if a person can perform work. Your work history is a significant factor to your case.

Q: Are SSDI and SSI the same thing?

A: Both SSI and SSDI are disability programs offered by Social Security, but they are not the same thing. To be eligible for SSDI, or Social Security Disability Insurance, an applicant must have been in the workforce long enough to have accrued enough work credits for benefits. Supplemental Security Income (SSI) is awarded based on financial need. An applicant for SSI need not have been in the workforce for a certain amount of time to be eligible for benefits.

Q: What is the average wait for an initial claim to be processed?

A: For applications that are complete and filed appropriately, the usual turnaround time for the initial review process is 3 or 4 months. The most common reason an application is delayed is due to a wait for medical records. To lessen the likelihood that your case will take longer than the average, make sure the examiner handling your application has all the necessary items to review your case. If you receive notification that your social security disability claim was not approved after the initial review process, you will probably wish to have it reconsidered and (if necessary) heard before an administrative judge. Reconsideration and an appeal for hearing will, of course, add time to your process. Many cases have been in the process for 2 years by the time they are heard.

Q: What is the process your SSDI benefits claim will go through when you file for benefits?

A: Your file will be initially reviewed after you apply for disability benefits. If you have not already had an interview via phone or in person with a social security representative, you will be contacted. That interview will just make sure you have all the appropriate paperwork and that Social Security has all your information. Your file will then be assigned to a disability examiner at your state Social Security DDS office. Once your requested medical information has been received by your case manager, he will confer with a doctor on staff to collectively make a decision about your file. You will then be notified as to whether or not you will be awarded social security disability. Most claims are not approved when initially reviewed. You can then request a reconsideration for your claim. A disability examiner and consultative physician that only deal with reconsidered files will evaluate your case. The services of a social security attorney are often beneficial during the reconsideration phase. This is due to the fact that the majority of claims are not approved during reconsideration. And the next step would be to appeal to have your claim heard before an administrative judge. The hearing is your last chance to have your case considered. That is why most claimants have an advocate like a social security attorney at this point. It is not mandatory that you have a social security attorney, but having the knowledge and experience a legal advocate can provide will be invaluable to your case. Most cases that are awarded benefits after the hearing process are represented by an attorney.

Q: Will your social security attorney handle everything to apply for disability benefits?

A: If you have hired a social security attorney, he or she will usually submit all the necessary forms after you have submitted your application. You should submit your own application for an initial claim. You will normally also need to fill out forms regarding your work history and how your condition has affected your ability to work. Your attorney will assist you and make sure you complete those forms. A social security attorney will keep contact with your claims representative to assure that your file is being adjudicated properly and that no deadlines are missed.

Q: Are you allowed to apply for SSDI via the web?

A: Yes, you can apply online at the official Social Security web site. The application and report on your employment history and injury can both be submitted via the web. They also have a “starter kit” to assist you in submitting everything correctly. To start the process, go to http://www.socialsecurity.gov/applyfordisability.