News & Insights
Timely updates, expert commentary, and real-world stories from the frontlines of disability law. Stay informed. Stay empowered.
The Office of Hearing Operations
The best way to be prepared for anything is to know as much about it as possible. In this case, we feel that you should understand who is involved in the hearing. How most hearings work and how to try and get ready for it.
Request a Hearing
The hearing comes about after you have lost at each of the first two stages. You must appeal the second stage (Reconsideration) denial within 60 days of getting it in the mail. To do this, you will need to complete a few forms.
Next Stage: Reconsideration
Winning and Losing Eventually, you will get a decision letter from Social Security in the mail. It will be a notice that tells you if your case has been approved or denied. Unfortunately, the majority of initial applications are denied.
What’s With All the Forms?
No matter how you file, you’ll be amazed at the amount of paperwork that goes into it. We have had clients joke with us that buying a house had fewer documents than filing for SSD or SSI! What do all these forms do and what questions do they ask?
Applying for SSD: Initial Application and Reconsideration
The first thing you need to understand about applications for SSD and SSI is that they are made up of several steps or stages. At each stage, you have a chance to win your case. However, even if you don’t win at a stage, you have the right to appeal to the next stage.
SSDI Step 5: Can You Do Any Work at All?
Let’s say that at Step 4, you are found to be unable to do any of your past relevant work. Regardless of the reason – it could be too strenuous or it could be too stressful – it is ruled that you cannot do it. What happens next?
SSDI Step 4, Let’s Start With Part 1: Can You Do Your Past Relevant Work?
So, your impairment or impairments didn’t meet the requirements laid out in the Listing of Impairments that we previously discussed. Is your case over? Not yet. The next step is for Social Security to ask: Can you do your past work? In other words, even with your “severe impairment” (from Step 2), could you still…
SSDI Step 3: The Listings of Impairments
So you think Steps 1 & 2 were a little complicated? Well hold on tight for Step 3. This one is a real doozy. Basically, what you need to know is that there is a part of Social Security’s Regulations called the Listing of Impairments. It runs about 50 pages, and it contains highly technical…
SSDI Step 2: Do You Have a Severe Impairment?
If you are even considering filing for SSD or SSI, you almost certainly think you have a “severe” impairment. You may use different words to describe your condition, but you probably think that it’s pretty bad. Otherwise, why would you be looking to get benefits? Unfortunately, this is yet another area where you and Social…
SSDI Step 1: Are You Working?
How the 5-Step Process Works As the name implies, the 5-step process is essentially a set of 5 questions that Social Security asks in order to determine if you are disabled. Each question basically has a yes or no answer. Depending on the answer, you may be found to be disabled or not disabled, or…
What Ever Happened to Common Sense?
It happens every day. A potential client comes in to our office and says that he deserves Social Security because he “feels” disabled. Unfortunately, we have to tell this person that it is just not that easy. “Feeling disabled” won’t cut it with Social Security.
Disabled Adult Child’s Benefits
The next benefit type we’ll be looking at is Disabled Adult Child Benefits. Even the title of this sounds complicated. How can you be an adult and a child at the same time? Simply put, this program is designed for adults who became disabled when they were still children.
Widow/Widower Benefits
In addition to SSD and SSI, which we have talked about, there are two other important disability programs under Social Security: Widow/Widower benefits and Disabled Adult Children. Widow and widower benefits, are sometimes called “survivor” benefits.
Eligibility for SSI
The Social Security Administration offers two main disability programs. The larger and more comprehensive one is SSD. The other is Supplemental Security Income, or SSI. SSI assumes a whole different set of circumstances from SSD in terms of eligibility.
Can I receive both SSD and SSI benefits?
Eligibility For SSD And SSI Together In some cases, a claimant could receive both SSD and SSI at the same time. This happens when you have worked enough to qualify for SSD, but your benefits from SSD would be at a very low amount.
How Much Will I Get?
One question that we often get involves the amount of benefits awarded. Social Security has a complicated formula, called your Primary Insurance Amount (PIA), which they use to determine the precise amount of your monthly check.
How does Social Security Disability affect me if I’m self-employed?
Some of you may be saying, “How does Social Security Disability affect me if I’m self-employed?” Self-employed people also pay Social Security and Medicare taxes on their income up to $137,700 in 2020.
Your Date Last Insured (“DLI”)
The easiest way to think about your DLI is like this. Imagine you own a car. It is a great car, it runs well and you expect it to last for a long time. Just in case, however, you choose to get an insurance policy for the car.
Eligibility for Social Security Disability
SSD is for workers who were on their way to normal retirement when something went wrong. They were paying taxes into Social Security through their paychecks through something called FICA, which stands for the Federal Insurance Contribution Act.
SSD & SSI
Let’s begin with some basics. Social Security is a government program that provides monthly cash benefits and medical coverage to Americans. Most of the people who get these benefits are retirees. But another group of beneficiaries is made up of people who cannot work because of a disability.