SOCIAL SECURITY DISABILITY I Main Menu

Appeals Nearly 64% of all initial Social Security Disability claims are denied. When this happens, you have the right to appeal this decision. These statistics are obtained from the Social Security website and based on the numbers of denials per 100 cases. The next step is to go to the hearings and appeals program for the Social Security Administration (SSA), which is administered by the Office of Disability Adjudication and Review (ODAR). These are conducted by Administrative Law Judges (ALJs). From there, the Appeals Council considers appeals from hearing decisions, and acts as the final level of administrative review for the Social Security Administration. At this point, there is about a 20% chance of having a claim approved according to 2005 case averages. The last resort is appealing to the federal courts. Of the 64 of 100 case average denials, only 25 of the 64 cases denied are appealed, and 68% of these are eventually approved. Social Security Disability attorneys experienced with your specific type of case will be able to guide your through all levels of the appeals process with the least amount of delays.

Social Security Disability Benefits

You may be able to receive help if you have a disability that prevents you from working through the Social Security Administration by way of Social Security Disability. Different types of disability benefits are available, depending on your qualifications. The entire process may be very complex and time consuming. There are normally a multitude of questions that arise when seeking Social Security Disability benefits. Experienced Social Security Disability lawyers are extremely valuable to help you through all levels of the qualification process.

Disability Benefits

Disability income, retirement income, family and survivor benefits, as well as Medicare are provided to workers through the Social Security Administration. The funds for this program are provided through FICA taxes, paid through employers paycheck withholding and Federal Income Tax payments for the self-employed. Employers are required to match withheld amounts when they take out funds for other taxes. The Social Security Disability Act is the law that governs each individual's eligibility.

Social Security Disability Programs.

The rules for the five major types of Social Security Disability benefits need to be reviewed carefully to see if you qualify. There are important differences in the three Social Security Disability programs, as well as the two Social Security Supplemental Security Income ("SSI") programs. Disability Insurance Benefits are for persons who have worked in recent years, but are now disabled.

Personal Disability.

A person must be legally "disabled" in accordance with the federal Social Security Disability Act to collect Social Security Disability benefits. Disability is defined as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death, or has lasted, or is expected to last, for a continuous period of not less than 12 months as maintained by the Social Security Disability Act.

Disabled Widow's and Widower's benefits.

If you have become disabled within a certain time after the death of you spouse and are at least 50 years old, you may be eligible for Disabled Widow's and Widower's benefits. Your spouse must have worked and paid into Social Security in order for you to gain coverage.

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

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