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Social Security Disability: Frequently Asked Questions

Posted By The Montee Law Firm || 4-Jan-2018

Getting an application for Social Security Disability (SSD) benefits approved is a notoriously difficult task, and many people have questions about how the process works. If you have been injured and are unable to work, please review the following frequently asked questions to learn more about your eligibility for SSD benefits as well as what to expect.

Who qualifies for Social Security Disability benefits?

In order to qualify, an applicant must have worked a certain number of years in a job where regular Social Security deductions were taken from their paycheck. A person must also be able to prove that they have a medical condition that qualifies as a disability, as defined by the Social Security Administration, that prevents them from being able to work. Eligibility will also depend on the age of the applicant as well as the nature of your disability.

How does the Social Security Administration determine if I am disabled?

When reviewing your application, the Social Security Administration looks for the answers to the following questions:

  • Is the applicant currently working? If you are working and earning more than the average of $1,090 per month, you cannot be considered disabled.
  • Is the applicant’s condition “severe?” In other words, does your condition prevent you from doing basic work-related activities?
  • Is the applicant’s condition included in our list of disabling conditions? The Social Security Administration maintains a list of conditions recognized as severe enough to prevent a person from working. If your condition is not on the list, the SSA will proceed to the next two questions.
  • Can the applicant perform the work they did prior to their disability? Even if your condition is severe, if it does not interfere with your work activities, your claim will be denied.
  • Can the applicant still perform other types of work? The SSA will look at your age, past work experience, education, and transferable skill set to determine if you would be able to transfer to another kind of work.

How long can I receive benefits?

If you meet the qualifications, you can start receiving Social Security Disability benefits after five months of becoming disabled. You can continue to receive payments until the medical condition improves enough that you are able to return to work. The Social Security Administration will perform regular checks every three years to determine whether or not your condition has improved.

What can I do if my application for benefits has been denied?

Most initial applications for Social Security Disability benefits are not approved right away. If your application has been denied, you can appeal the decision. After receiving your denial letter, you have 60 days to act. In most states, the first step is to file a Request for Reconsideration. If that, too, is denied, you have the option to appeal again by requesting a hearing with a Social Security Administration administrative law judge.

How can a lawyer help me with my SSD claim?

Navigating through the Social Security Disability application process can be a challenge, and it can be difficult to have an application for benefits approved. In fact, out of the two million people who apply for SSD benefits every year, only one-third of them have their applications approved. With the help of experienced SSD lawyers from Montee Law Firm, P.C., you can receive the guidance you need to navigate the appeals process. We can help you make sure that all components of your application are filled out completely and correctly and that they are submitted in a timely manner. We are committed to helping our clients seek the benefits they both need and deserve.

Seeking a Social Security Disability Lawyer in Kansas City? Call Montee Law Firm, P.C.

If you have questions about SSD and navigating the application or appeals process, do not hesitate to speak with an attorney from Montee Law Firm, P.C. today. Our legal team is available to discuss your options and what we can do to help pursue the benefits you need. For a FREE consultation, contact us.

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