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Am I Eligible For
Benefits?
Whether or not you qualify for Social Security benefits and the amount
depends upon your date of birth, the type of benefit for which your
applying and, most importantly, your past earnings. To obtain a detailed
personal estimate of your Social Security benefits, contact your Social
Security office.
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How do I know if I
qualify for social security disability?
Social Security Disability is designed to help people who are unable to
work due to an injury or a disease. It is not designed to help people who
have short-term recovery. For example, a person who was injured due to an
automobile accident and will be out of work six to eight months would not
qualify for disability but an accident victim who will be unable to work
again at their former profession and cannot be retrained would be entitled
to disability. The SSA is looking for people who truly cannot work again.
That is why the rule of 12 months disability or more is a standard.
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What If I don't
Qualify?
If you have not worked long enough to be eligible for Social Security
Benefits you may qualify for Supplemental Security Income, of SSI. TO be
eligible for SSI you must 1) have an income level at or beneath that
identified for eligibility: 2) be living in the U.S. legally and be a
U.S.>citizen; and 3) be 65 years of age or older or blind or disabled.
Children may also be eligible for SSI if their income and assets are below
the limit required ad they are disabled.
SSI also has a program to
assist individuals in returning to work. Contact your local Social
Security office for more information on SSI.
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How do I prove I am disabled?
Your treating physician is crucial. If your doctor tells you that you
cannot return to work due to a medical condition then you should apply for
disability. Most doctors are aware of this and usually make the
recommendations themselves. If you are unsure, sit down and talk with your
doctor. The doctor’s support will make the difference. It will be
important that your doctor understand what your employment abilities were
and why you cannot do them now.
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What If I Am Turned
Down?
If you filed a claim and believe that the decision was not correct, you
may have the decision reconsidered. If you are turned down again, you may
request a hearing before and administrative law judge of the Bureau of
Hearings and Appeals. At this point you should contact an attorney. At a
hearing before an administrative law judge, it may be necessary to present
complicated medical evidence. It is also important that the first hearing
be properly handled in the event that a later appeal to a federal court is
necessary. An attorney familiar with Social Security law will be able to
assist you in making sure your case is presented and handled to your best
benefit.
If the administrative law
judge's decision is unsatisfactory, you may request a review by the
Appeals Council. If you are still not satisfied, you may take your case to
federal court.
The Social Security office can
explain how you should appeal and will assist you in having your claim
reconsidered or in requesting a hearing. There is no charge for any of the
appeals before the Social Security Administration.
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How Do I
Get Benefits?
You will not receive benefits automatically. If you believe that you are
eligible, file an application at your nearest Social Security office. Some
claims have time limitations so you should act quickly. You should contact
the office when:
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Someone in your family dies.
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You are unable to work because
of injury or illness expected to last a year or more.
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You are 62 or older and plan
to retire.
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You are within three months of
age 65, even if you don't plan to retire.
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When do I need a lawyer?
In our firm, we will not take on any social security claim until you have
been denied at the first step. However as soon as your receive the denial,
call a lawyer! You only have 60 days to request a reconsideration.
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How Can I find The
Nearest Social Security Office?
Information concerning Social Security is available 24 hours a day toll
free by calling 800-325-0778 between 7a.m.and 7 p.m. on business days.
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