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Social Security Disability is a part of the Federal Social Security
Act. It encompasses several programs that provide monthly disability
payments and other benefits to disabled workers and their families.
SSD benefits may consist of cash payments and medical coverage.
Filing a Social Security disability (SSD) benefits claim can be
an overwhelming process. If you are unsure of who is eligible for
SSD benefits, what the claims process involves, or what to do if
your claim is denied, the following information can help answer
your questions.
Length of Claim Processing
Not counting appeals, the average processing time for an SSD claim
is 120 days. The actual amount of time it takes to process your
claim will depend upon the state in which you live, the nature or
your disability, how quickly Social Security receives medical evidence
from your doctor or other medical source, and whether you need to
go for a medical examination.
Eligibility Requirements
To receive Social Security disability benefits, an injured worker
must meet a variety of criteria. The first set of criteria concerns
the medical condition of the applicant. The person who is applying
for benefits must have a "medically determinable impairment." This
means that the applicant must have a physical or mental impairment
that can be medically diagnosed and established by evidence consisting
of signs, symptoms, and laboratory findings. Additionally, this
impairment must have lasted, or be expected to last, at least one
year or be expected to result in death. Finally, the impairment
must result in the inability to work.
The second set of criteria regards the applicant's work history.
In order to be eligible for SSD benefits, the applicant must have
worked long enough, and recently enough, to have sufficiently contributed
to the Social Security system. Otherwise, you would be eligible
for Supplemental Security Income (SSI).
Filing the Initial Application
If you are disabled, cannot work, and have determined that you
meet the eligibility criteria, you can apply for Social Security
disability benefits as soon as you become disabled. You can apply
by contacting the Social Security Administration or by filling out
their online application.
Approval of Benefits
If you are approved for SSD benefits, it is regarded as a permanent
benefit. There are several circumstances under which your benefits
could be terminated:
- If you engage in "Substantial Gainful Activity" - any activity
that is substantial enough to negate eligibility for benefits,
including going to school or working full time.
- If the Social Security Administration reviews your case and
decides that your condition has improved.
- If you become incarcerated or institutionalized against your
will for more than 30 days, you are ineligible for benefits during
this time.
Denial of Benefits and the Appeals Process
If you believe that you are wrongfully denied SSD benefits you
can appeal the decision. The most important thing to remember is
that you only have 60 days to appeal.
The first step in the appeals process is an administrative hearing.
The hearing will be conducted by an administrative law judge who
will ask a variety of questions about your medical condition and
your work history. There may also be a vocational expert at the
hearing to present an opinion as to whether or not you are capable
of working. The administrative judge will consider the following
questions:
- Are you currently engaged in gainful work?
- If you are not currently performing gainful work, is your physical
or mental medical condition considered medically severe enough
to be labeled a disability?
- Has your condition lasted, or is it expected to last, for at
least one year, and does it meet or medically equal a listed impairment?
- Does your condition prevent you from working in your established
profession?
- Does your condition prevent you from working in any other profession
in which jobs are available?
If the administrative hearing does not yield the desired results,
the claim can be taken to the Appeals Council for further review.
The Appeals Council can choose to do one of the following: review
your claim and render a decision, decide not to review your claim,
or remand you claim to the Administrative Law Judge for further
consideration. The average processing time for the Appeals Council
is 18 to 24 months.
If the outcome of the Appeals Council is not favorable, the claim
can be pursued in Federal Court. A civil suit can be filed in Federal
District Court and appealed all the way to the United States Supreme
Court.
Those interested in learning more about the Social Security Disability
claims process, including how to decide if you need an experienced
SSD lawyer to represent you and listings of eligible physical and
mental impairments, can visit http://www.edgarsnyder.com
Article Source: EzineArticles.com:
Social Security Disability Benefits -Steps in Filing a Claim
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