Visit Our Disability Blog For More Information
Social Security disability - what is it? How is it different from "regular" Social Security? How do you get it? These are just a few of the questions you may have about Social Security disability benefits. This web page will answer these questions and tell you what we at Hill-Boren, P.C. can do to help you with a Social Security disability claim.
Social Security disability is an insurance program designed to provide financial assistance to disabled workers. It is funded in part by your FICA taxes and by the federal government. It is administered jointly by the Social Security Administration and the State of Tennessee Disability Determination Section. In order to qualify, you must have worked at least 5 out of the last 10 years, be between the ages of 18 and 65, and be totally disabled either physically or mentally. Your disability must be expected to last for at least a year or result in death.
Social Security disability differs from "regular" Social Security in two major ways: age requirements and approval process. Social Security disability is for disabled workers between 18 and 65. "Regular" Social Security is for people of retirement age. To receive Social Security disability, you must go through an application and approval process and be determined "disabled" by the government. To receive "regular " Social Security, you must simply prove that you are of the appropriate age and have paid Social Security taxes at some time during the last ten years.
If you believe you are disabled from work, you should first discuss your condition with your doctor. If your doctor agrees that you are disabled, the next step is to go to the nearest Social Security Administration office and fill out a disability application. The Social Security office will send you a letter letting you know whether you are approved or denied. If you are approved, the process ends there and you will soon begin receiving benefits. If you are denied, you have sixty days to appeal the decision. To appeal, you will need to get a reconsideration form from the Social Security Administration, fill it out, and send it back in. Again, you will receive a letter either approving or denying your application.
If you are again denied, don't give up! The fact is, most applicants are turned down in the beginning. That does not mean you are not disabled; it just means that you have not yet convinced the Social Security Administration that you are. It may be that your medical records are inadequate, that some part of your paperwork was not filled out correctly, or that the officials who have looked at your application papers thus far simply believe that you are more capable of working than you actually are.
Once your request for reconsideration is denied, you have sixty days to request a hearing with an Administrative Law Judge. It is at this point in the process that you definitely need legal assistance, although you may get legal help at any step in the process. At the hearing, you and your legal representative will be allowed to present additional proof (medical records, testimony of your family, etc.) of your disability and you will get to meet the judge face-to-face and tell him or her about your condition. After the hearing, you and your legal representative will receive written notice of approval or denial. If you are again denied, your legal representative can request that the Administrative Law Judge's decision be reviewed by the Social Security Appeals Council and, if necessary, file suit in Federal Court and ask a federal judge to grant your benefits.
The key to obtaining Social Security disability benefits is proving through medical records, doctors' statements, and your own testimony that you are, in fact, disabled from working and will be disabled for at least a year. If you have any questions about how to prove your disability or if you need a legal representative to assist you in obtaining and conducting a hearing, please e-mail us, call us at 1.800.727.0622 or use the contact form on the right.
