Frequently Asked Questions (FAQs) on Social Security and SSI Disability

Source: J.B. Bieske bieske8100@sbcglobal.net
Business or Firm: J.B.Bieske and Associates
Address
: Box 1007 Warren, MI 48090
Phone
: (586) 977-8100
Description
: FAQs regarding SSI Disability Claims
Category
: Text
DATE STAMP
: 08-Mar-04
Source Event
: Attorneys Forum (08-Mar-04)

WHO IS ELIGIBLE FOR SSI BENEFITS? ??

A person with a physical for mental condition which prevents him/her from working on a full-time basis A person need not be physically confined to a bed or wheelchair to receive benefits.

A retired person on a pension from a Company, which has paid into a Social security program, may apply for Social Security Disability benefits.

A person receiving Workman's Compensation is eligible to apply.

A person receiving disability from a private insurance company is eligible to apply.

HOW DO I APPLY?

Go to any Social Security office or call (800) 772-1213 for request an information packet and to schedule an interview. Review the information packet and bring the requested information to the interview.

During the interview, your work and health history will be presented and reviewed. At he conclusion of the interview, if you choose to do so, a disability claim will be initiated on your behalf.

Over the next few months, the Social Security Administration will evaluate the information you provided, along with additional information solicited from your physicians, clinics and/or hospitals.

During that period, you and/or your physician(s) may be asked for additional information. You may also be required to undergo a physical exam by a Social Security Administration-certified physician.

A decision will be made, usually within 120 days, to approve or reject your claim. You will receive a written notice of the decision.

WHEN DO I NEED AN ATTORNEY? 

If your initial claim is rejected, you should contact an attorney to assist in fling an appeal. Usually this requires a submission of a legal brief and a judicial review.

It is possible to win a legal appeal on a disability claim many years after a person has stopped working. Disability benefits are received by persons who are also receiving:

  • A retirement pension
  • Worker's Compensation benefits
  • Disability benefits from a private insurance company

HOW ARE ATTORNEY'S FEES AND EXPENSES PAID?

Most attorneys in this area are compensated with a portion of the past due (lump sum) benefits, which is not paid until the case is won (contingency).

Usually, attorney's fees are a percentage of the past due (lump sum) benefits, and only if the appeal is successful. Expenses are generally low in cases of this type. Confirm payment terms with the attorney in your initial discussion.

 

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