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 SOCIAL SECURITY LAW |
Social Security Disability Benefits and SSI-Social Security Disability Benefits (SSDB) and Supplemental Security Income (SSI) both require that the person applying for benefits suffer from a severe medical (mental and/or physical) problem which has lasted or is expected to last for at least 12 months, and keeps the person from working. SSDB is for people who have paid Social Security taxes. SSI is available for people who cannot get SSDB, or whose SSDB monthly payments are very low, and is also based on financial need. In other words, SSI is federal welfare. How do I apply for disability benefits or SSI. To apply for either of these benefits, call 1-800-772-1213 and tell the person who answers that you want to apply for one or both of these benefits. They will take some information from you over the telephone and mail you some forms to fill out and return. Once you do this, the process starts. If the person on the telephone states you are not eligible, insist that you want the application started and the forms mailed to you anyway. Don't take no for an answer!!
What happens if I am turned down?
Many people are turned down during the initial process. If you are turned down, in most cases you have 60 days from the date you received the denial letter to file an appeal at each level. The first level of appeal after you are turned down initially is called a request for reconsideration. Eighty to ninety percent of those turned down the first time who request a reconsideration are turned down again, usually in about 90 days. So take heart, and do not take no for an answer!! Appeal again.
If the case is denied at the reconsideration level, the next step is to request a hearing before an Administrative Law Judge (ALJ) within sixty days of your denial. Depending on where you live, the hearing could be held from 6 months to 2 years from the date you make your request. At the hearing, you will be given an opportunity to present additional evidence, including your testimony as well as testimony from witnesses. In addition, having an attorney at this level increases your chances of winning, although you do not have to use an attorney.
If you lose at the hearing level, you have 60 days to appeal the ALJ's decision to the Appeals Council. The Appeals Council will do nothing more than review the decision for errors made by the ALJ. It takes approximately two years to hear one of three decisions at this level-the ALJ was wrong and the case get's sent back for a hearing, the ALJ was wrong and you are disabled (this happens rarely), or the ALJ was right. If the Appeals Council decides the ALJ was right, you can then Appeal to the District Court in 60 days, and eventually, a case could go all the way to the Supreme Court. If a case does go to District Court or beyond, it is best that you get an attorney who has experience in Federal Court. Denice Patrick is such an attorney.
Other Social Security Issues
Medicare-medical insurance for Senior Citizens or those on disability or SSI for over two years. Denice Patrick has experience representing medical professionals who are trying to get services provided for their patients, as well as patients who are trying to get Medicare to pay for services already provided.
Overpayment of benefits. Denice Patrick also has experience representing people who have been charged with receiving Medicare, SSDB or SSI payments Social Security feels they were not entitled to.
Survivors benefits. Denice Patrick has experience representing minor children attempting to get benefits after the death of a parent.
For information regarding any of the above, give us a call.