Social Security Disability

To apply for disability insurance benefits, the person must have a medically demonstrable physical or mental impairment that affects their activity capacity.

Social Security Disability

Insurance Benefits

The application process to obtain social security disability insurance benefits starts when the individual submits an application in person at his or her local Social Security office.  The staff at the Social Security office can assist the individual in preparing the application for benefits.  Disability claims account for more than 80% of all administrative and court proceedings involving Social Security cases.

Application for Disability Insurance Benefits Requirements

An individual applies for disability insurance benefits with the Social Security Administration when he or she has an impairment which is so severe as to affect his or her ability to engage in “substantial gainful activity” for at least 12 months.

For the year 2021, an individual does not qualify for disability insurance benefits if he or she earns more than $1310 per month.  For a blind individual, the amount is $2190 per month.

To qualify for social security disability insurance benefits, an individual must prove that he is disabled.  The term “disability” is defined as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment 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.   To satisfy this definition of “disability,” the applicant must prove that he or she has a (1) severe impairment; (2) which makes him or her unable to do his or her previous work; and (3) any other substantial gainful activity which exists in the national economy.

Appeal Process

The Social Security Administration has a three stage appeal process if the initial application is denied or the individual disagrees with any part of the decision: (1) reconsideration; (2) Administrative Law Judge; and (3) Appeals Counsel.  A request for reconsideration must be filed with Social Security Administration within 60 days from the date that the notice of the initial determination is received.  This 60-day deadline may be waived in some circumstances.  The person can submit new medical evidence with his application for reconsideration.  A different person will review the medical records and evidence contained in the person’s file to make a second determination.  If the application is again denied at reconsideration, the person will have 60 days to request an appeal.

Medicare Benefits

Individuals who are found disabled may start receiving hospital insurance protection no earlier than the 25th month of the decision finding the person disabled.  This 24 month waiting period is not applicable to individuals under the Kidney dialysis program. 

Reduction in Disability Insurance Benefits because of Workers’ Compensation Payments

A reduction in benefits may be implemented once an individual receives workers’ compensation for those months before the individual reaches the age of 62 or 65. 

Attorneys’ Fees

If we win your case, our law office charges the lesser of 25 % of past-due social security disability benefits or $6000.   This is a standard fee agreement in social security cases.

Call for a FREE consultation with Attorney Juan J. Mendoza to apply for Social Security Disability Benefits.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt for viewing does not constitute an attorney-client relationship. TypeCopyright © JUAN MENDOZA. All rights reserved.
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