|  Who is eligible for Social Security Benefits?
|  Who is considered disabled?
|  Applying for Social Security

Social Security Disability Attorneys in Pennsylvania and New Jersey

1.      Who is eligible for Social Security Benefits?

The Social Security Administration (SSA) provides for two distinct programs under the general definition of  “Disability”: the Social Security disability insurance program (SSDI) (title II of the Social Security Act and the supplemental security income (SSI) program (title XVI of the Act).

The process of obtaining Social Security Disability Insurance (SSDi)/ SSI is a complicated and difficult process. The application process starts with filling out applications and giving background information either in person at your local Social Security office, online at http://ssa.gov/ or by calling 1-800-772-1213. The application for benefits is a complicated and frustrating process and  that is why it is important to get attorney familiar with Social Security applications and practices at the beginning of the process to insure that you understand the eligibility criteria and to help you get the benefits that you need and deserve.

At the Law Offices of Robert Bond we have helped countless applicants to receive Social Security benefits utilizing our knowledge of procedural thresholds, the application process and medical expertise.

What Is The Difference between SSD and SSI?

First, how are SSD (Social Security disability) and SSI (Supplemental Security Income disability) similar? The Social Security Administration manages both SSI and Social Security disability, so, naturally, there are many similarities between the two programs. 

Both SSD and SSI require that an individual make a formal application for disability benefits, usually at a social security field office or district office (whichever one is closest to you). Once a disability application is taken, a Social Security claims representative, or CR, will forward the disability file to a state disability processing agency for a medical determination. 

Medical determinations for both SSI and SSD are handled the same way and if the disability claim involves both programs the medical determination is made simultaneously for both SSI and SSD. The difference in SSD and SSI really involves non-disability entitlement guidelines.

For instance, Social Security disability is based upon an individual’s work activity and insured status. Insured status is gained through the amount of earnings posted to an individual’s earnings record each year by the Internal Revenue Service. 

Each year, Social Security determines what amount of earnings equals a quarter of coverage. An individual can earn a maximum of four quarters of coverage per year toward insured status. The amount of quarters it takes to be insured depends upon an individual’s age at the time they become disabled. The least amount of quarters of coverage an individual can have and still be insured is six quarters. 

Additionally, Social Security disability involves being "fully insured" and "disability insured". Disability insured status generally requires that an individual has worked twenty quarters out of the last forty quarters. Basically, five out of the last ten years prior to becoming disabled if no special disability insured rules apply (for example, there is a special "age 34-31" disability insured status rule). 

For all "disability insured" individuals, there is a date first insured and a date last insured for Social Security disability. If an individual has had a disability denial after their date last insured (appeals have been denied as well), they are no longer eligible for Social Security disability benefits. 

Since Social Security disability is based upon an individual’s earnings, disability benefits vary depending upon earnings amounts. In addition to potentially higher monthly benefit amounts, there may be enough money on the individual’s record for their dependents to receive monthly benefits as well. 

SSI, on the other hand, is a need based disability program. As such, it has income and resource requirements that must be met in order to receive a monthly benefit check. SSI disability beneficiaries must meet income and resource limits in order to receive disability benefits. 

The income requirement refers to the fact that, to receive SSI, you cannot be working and earning what is considered to be substantial and gainful income. 

The resource limit refers to the maximum value of a person's assets. Currently, to receive SSI you cannot have more than two thousand dollars in countable assets. Having more than this amount of assets can make you ineligible. Because of asset limitations and other rules that are specific to SSI, there are times SSI disability applicants are never paid benefits even though they have been found medically disabled by Social Security. 

Lastly, Social Security determines the maximum monthly SSI disability amount and, unlike SSD, there are no benefits payable to dependents.

 

CALL TODAY 215-240-7565 TO GET SSI/SSD HELP ASAP- Experienced Social Security Attorney in Philadelphia, Pennsylvania, Montgomery County, Bucks County, Delaware county and New Jersey

2.         Who is considered disabled?

Many people may think that they are disabled or doctor or other medical professionals have told them that they are disabled.  The definition of disability under the Social Security guidelines is somewhat different and confusing.  We often use the definition of disability meaning that one cannot perform job duties that same person could perform prior to becoming disabled or incapacitated.  The bottom line in determining whether one is disabled is:  Does the medical condition prevent the person from performing any substantial gainful activity (SGA)

And that is a question to be answered by an experienced attorney with the help of medical knowledge and information available for the particular individual seeking the disability benefits.

The law defines disability “as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months”

At he Law Offices of Robert Bond we help people connect the medical problem to the guidelines under the Social Security process for obtaining the disability to make sure that the applicant meet the criteria if he or she is eligible and to make sure that we explain to the applicant why they do not meet the criteria if they are not eligible or do not meet the medical requirements for the disability under the Social Security Administration guidelines.

Some of the things that we will be looking at are:

a.         The amount of times you have been unable to perform your duties.

b.         The actual impact the disability and underlying medical conditions have on your ability to work.

c.         An individuals ability to adjust to a different work setting, if he can no longer perform duties that he was accustomed to performing prior to becoming disabled;

d.         Is the medical condition so severe that it may ultimately result in death of the individual applying for social security?

As you can see from the above mentioned list of factors that we would consider initially in helping with your application, that law and medicine intersect at this juncture and you need someone experienced as an attorney and a medical provider with a strategy to better assist you in obtaining those benefits.

When do disability benefits start?

Disability benefits for workers and widows usually cannot begin for 5 months after the established onset of the disability. Therefore, Social Security disability benefits will be paid for the sixth full month after the date the disability began. The 5-month waiting period does not apply to individuals filing as children of workers. Under SSI, disability payments may begin as early as the first full month after the individual applied or became eligible for SSI.

CALL TODAY 215-240-7565 TO GET SSI/SSD HELP ASAP- Experienced Social Security Attorney in Philadelphia, Pennsylvania, Montgomery County, Bucks County, Delaware county and New Jersey

Applying for Social Security

The process for applying for Social Security Disability Insurance (SSDI) benefits is a complicated process often performed over the telephone, in person or on the internet by answering multiple questions is a step by step process. The process is not user friendly and for the most part is very bureaucratic, slow and burdensome experience.  It is necessary to have an attorney with experience in answering those questions on your behalf from the beginning of this process.  Below you will find a summary of the application process for Social Security benefits.

Initial Application:

At the Law Office of Robert Bond we start by helping you with the initial application to improve your chances for success by addressing all the questions that you might have and guiding you through the application process.

Initial Denial:

As you have probably heard from your friends or have read somewhere else that most social security claims get denied.  As we tell our clients, this happens a lot.  You truly need an experienced attorney to file a Request for Reconsideration.  This must be done within 60 days of the initial claims notice.

Appeal:

This is where most people will need an experienced Social Security Disability attorney to guide them through the appeals process and most importantly winning at this juncture.  The appeal process is heard in front of an Administrative Law Judge (ALJ) who is assigned by the Social Security Administration based on the county where you have initially applied or where you reside.  If you fail to convince an administrative law judge you still have an opportunity to appear in front of an appeals council proceeding and then at the federal court appeals level.  At the Law Offices of Robert Bond we can help you with all the steps of the appeal process.

What is required of you and your attorney at the appeals hearing is to show the government how your condition makes it impossible or extremely difficult for the applicant the job functions.  It is not the amount of medical issues or diseases that the applicant has but it is how those conditions affect YOUR ABILITY TO PERFORM YOUR JOB FUNCTIONS.

Social Security Disability Appeals – How To Be Successful With Your Appeals

1.         We work with you and your physician in obtaining the required evidence to support your claim in a way that is convincing to the administrative law judge that you cannot work and earn a living because of all your underlying medical issues.

2.         Working with you we will show the Administrative Law Judge on a human level that your ability to work has been compromised and that you truly want to work but are unable due to a disability.

3.         It is not only important to show that you are disabled and cannot work but it is also important to know all the rules and regulations to maximize your disability benefits going to forward to make sure that you get paid for the past due benefits under the maximum allowed by disability under the law.

The Social Security Disability Appeals Process

At the Law Offices of Robert Bond we help people with all aspects of Social Security Disability Claims, Appeals and Denials.  As you know, the system can be unforgiving, bureaucratic, non-flexible and inhumane at times.  This is where you need our legal and medical experience for all stages of the process including:

1.         Request for Reconsideration:  If you initial claim was denied, this is where we can initially assist you in drafting a compelling and convincing Request for Reconsideration.

2.         Administrative Law Judge Hearing:  However, if your Request for Reconsideration has been denied we will help you prepare the evidence and a live testimony in front of the Administrative Law Judge Hearing.

3.         Appeals Council:  If you are still unsuccessful at the Administrative Law Judge level and your appeal has been denied, we will consider submitting additional evidence and/or your testimony before a separate Social Security Disability Appeals Council.

Federal Court Appeals

The final chance for an appeal is always in front of a federal judge in the federal court for the specific jurisdiction for your area.  We work with the best lawyers to make sure that we put together the knowledge of the federal appeals process and as well as procedure to make your appeals successful at the highest level possible.

Once again we want to inform you that you have to remember that most initial applications are denied. That is why it is important to have attorney on your side from the initial application process, especially on your first visit to the Social Security Administration building.  However, if you are turned down, do not be discouraged.  This is the time call the experienced Social Security Administration attorneys to help you throughout the appeals process.  We will fight for your rights, acquire your medical records, work with your physicians, social workers and make sure that you get the best treatment possible and the best results allowed by law.

Follow up questions that you might have After You Receive Benefits SSI

1. Can you continue to work
2. What are the reporting requirement- cars /home /
3. What to do if you were asked to provide additional documentation/evidence

CALL TODAY 215-240-7565 TO GET SSI/SSD HELP ASAP- Experienced Social Security Attorney in Philadelphia, Pennsylvania, Montgomery County, Bucks County, Delaware county and New Jersey