Social Security Disability

Social Security disability is a federal program which provides for monthly cash benefits as well as medical care insurance. It is administered by the Social Security Administration. It can be loosely considered as early retirement for individuals who, because of a chronic medical or mental illness are not able to work. The program also will provide benefits for individuals who have suffered a serious illness or injury that incapacitates them for at least one year.

The Disability Benefits Insurance program (DBI) is founded upon payment of FICA taxes which are withheld from the employee's pay. The cash amount of the benefit is calculated based on the earnings of the individual. Supplemental Security Income (SSI) is a federal welfare program for disabled persons who do not have the necessary work credits to qualify for Disability Benefits. The rules for medical qualification are the same for both programs.

Many deserving persons have difficulty with the complicated process of applying for disability benefits and appealing unfavorable decisions. At Herren Law Office we guide our clients through this process and are often the difference between success and failure.

The application is a three-step process beginning with the initial application in the field office. The sooner that the applicant obtains competent assistance the better and the more likely that the application will ultimately succeed. The Representative cannot generally speed the process but can ensure that each step is made timely and that the necessary documentation is on file. Otherwise the application process can become aborted, requiring the applicant to start over and wasting valuable time.

The application for Social Security Disability should be taken very seriously by all concerned. First the applicant should be sure that she is not able to obtain and to hold a job.

Disability is not as good as working. Any job is better than disability. But once the determination to apply is made, then resolve to go the distance with your Representative and see the process through to completion.

The first step is to apply with one of the field offices. The application can be made in person, by telephone or on the internet. If applying by telephone the Social Security Administration will give the applicant a date and time when she will be called. Herren Law Office recommends applying in person or on the internet. It usually takes two or three months to receive a reply. If the initial application is denied, the applicant should immediately file a Request for Reconsideration. This step usually takes approximately another two months.

The third and most important step is the hearing. Each applicant has the right to a hearing before an Administrative Law Judge. You and your Representative should take full advantage of this step to present your case. The judges follow the same rules. Unfavorable decisions by the Administrative Law Judge can be appealed to another step within the Administration, and then to federal court, if necessary. Some Representatives are either not willing or are not licensed to take the case to federal court. The applicant should inquire and should be sure that her Representative is ready, willing, capable and licensed to take her case to federal court if necessary.

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