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- Phone: 800.282.1021
- Email: tonyseaton@tonyseaton.com
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What makes this different from Social Security Retirement?
Social Security Retirement is the program that provides payments to people who retire and have paid Social Security taxes on their earnings for a number of years. Usually these payments begin at the age of 65.
Who qualifies for Social Security Disability?
- Workers who have worked at least 5 years of the past 10 years.
- Workers who have not worked for the past 5 months.
- Workers who have a severe medical condition.
- Workers who cannot work because of their severe medical condition.
The legal definition of disability is: 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.
Remember that there are different rules for Supplemental Security Income. (SSI).
Can other family members draw if I am disabled?
Yes. The following may also qualify for benefits:
- a. Children who are dependent on the worker (age 18 or under unless a student)
- b. Divorced spouses who are 62 years old and older and who were married to the worker for a minimum of 10 years.
- c. Disabled 50 year old surviving spouses of deceased workers.
- d. Surviving spouses of deceased workers with dependent child(ren)
How do I apply for Social Security Disability?
If you believe you are eligible for benefits then you should contact your local Social Security office at 1-800-772-1213 to file a claim. If you have access to the internet, you may also file your claim online at www.ssa.gov. You must file your claim yourself the first time. If you are denied, you can turn it over to us if you wish.
What should I do if I get denied?
It has been our experience that approximately 75% of all claims are denied from the beginning. If you have recieved a denial for your initial claim for benefits, you have sixty (60) days from the date of your denial to file an appeal. During this time, you can contact us for assistance with your claim. You may also contact the Social Security office to appeal your claim.
Do I need a Lawyer?
You are never required to hire a lawyer to represent you, but you should consider the time, effort and consequences if you do not. A very good self help book is Nolo's Guide to Social Security Disability by David Morton. This book is about 500 pages and can be ordered online at www.nolo.com. Experienced attorneys are able to offer the following for a reasonable fee:
- Help in getting medical records and (information) to support your claim.
- Obtaining information from your Social Security file to assist in your claim.
- Timely file all appeals of your claim.
- Properly prepare all the forms and paper work required.
- Help you and your witnesses prepare for a hearing.
- Present your case at hearing and question witnesses from both sides.
- Present your case through all appeals.
