What Exactly Are Social Security Disability Benefits?
Social security disability benefits are benefits payable to adults over the age of 18, who are unable to work. A disabled person will have to prove that they are unable to work and also that they have paid enough social security disability taxes to qualify for insurance status.
Who Actually Qualifies For Social Security Disability Benefits?
You have to be 18 to 65 years old to qualify for social security disability. You have to be disabled, meaning unable to do any type work, and you have to have paid enough social security disability taxes. SSI disability is a little different. You have to be unable to work, but you can be of any age and there are no earning requirements. You do not have to have ever had a job or paid social security taxes to qualify for SSI disability.
If I Am Approved, How Soon Do My Social Security Disability Benefits Begin?
The start date for SSI payments is simpler than for social security disability. The SSI payment start date is the month after your application date. On the other hand, if you apply for social security disability, social security will pay for up to a year before your actual application date.
Are Most Social Security Disability Claims Denied?
Only about 25% of social security disability applications are initially approved. Approximately 15% of reconsideration appeals are approved. The best chance of winning your case is at a live hearing in front of an administrative law judge. About 45% of appeals in front of a judge are approved. The reason for the high denial rate is that social security is generally very conservative in awarding benefits, because benefits can be paid over the full remaining lifetime of the claimant. An 18-year old claimant claiming disability could receive benefits for the next 70 years or more.
What Steps Do I Take If I Am Initially Denied?
Do not give up if your claim is denied. Hire an attorney and keep appealing your case until you get to see a judge at a live hearing.
Does Someone Actually Have To Appeal Or Can I Just Refile?
A lot of claimants make the mistake of filing a new application instead of an appeal. The best chance of winning your case is appealing to the level of the administrative law judge. Filing an application after denial is just starting over. It does not move your case forward, unlike filing an appeal, which moves your case to the level of getting a hearing in front of a judge.
How Long Do I Have To File For An Appeal After The Initial Denial?
Usually, the appeal period is 60 days. Your denial letter will state exactly how many days you have to appeal.
For more information on Social Security Disability Benefits in California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 693-0704 today.
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